Protecting Immigrant Families
“Rights in the Face of Deportation Risks”
After Donald Trump won the election on November 5 and announced Tom Homan as the new “border czar,” many people are wondering which immigrants will be targeted by the new government when it begins on January 20, 2025.
In an interview with Fox News, Homan was asked whether the new government would deport U.S. citizens, something that had been suggested on ABC’s The View. Homan responded: “No, absolutely not.” He added: “President Trump has made it clear that we will focus on threats to public safety and national security.”
Homan, who will lead the new government’s deportation efforts, stated: “There are more than 1.5 million convicted criminal aliens in this country with final orders of deportation, and we are going to find them. There are thousands of gang members and undocumented immigrant gang members whom we will be looking for.”
With Trump’s commitment to enforcing stricter immigration rules, immigrant families may be concerned about the risk of deportation. Progresso Legal Group provides this guide to help you understand your rights, make a plan, and remain calm during these uncertain times.
Key Rights When Stopped by the Police or ICE
Right to remain silent: You are not required to answer questions beyond basic identification, such as providing your name. Politely inform the officer by saying: “I am exercising my right to remain silent.”
Right to refuse a search: If an officer asks to search you, your car, or your belongings, you may refuse. Clearly say: “I do not consent to a search.” Officers need a warrant or probable cause to conduct a search legally.
Right to know the reason for the stop: You have the right to ask why you are being stopped. Politely ask: “Why am I being stopped?” This helps you understand whether it is a traffic violation, a criminal investigation, or another reason.
What to Do if the Police or ICE Question You
Stay calm and respectful: Always remain calm and respectful. Do not argue or resist.
Do not volunteer information: Providing additional information may complicate your situation. Say: “I would like to speak with a lawyer before answering any questions.”
Ask if you can leave: If you are not under arrest, you have the right to leave. Ask: “Am I free to go?” If they say yes, calmly walk away.
If You Are Arrested: Know Your Rights
Right to an attorney: Say: “I wish to remain silent and want to speak with a lawyer.”
Right to know the charges: You have the right to know what you are being accused of and why.
Right to a phone call: In most places, you may make at least one call to contact a lawyer or a family member.
How to Handle Different Encounters with the Police or ICE
Traffic stops: Keep your hands visible on the steering wheel, notify the officer before reaching for documents, and avoid sudden movements.
Street encounters: Keep your hands visible, avoid sudden movements, and ask if you can leave. Remain silent and wait for legal representation if you cannot leave.
Encounters at home: Authorities generally need a warrant to enter your home. If ICE or the police arrive without one, ask to see a warrant and explain that you cannot allow entry without it.
Why Is It Important to Know Your Rights?
Protection against self-incrimination: Remaining silent and requesting a lawyer prevents you from providing information against yourself.
Prevention of illegal searches: Refusing protects your privacy.
Ensures fair treatment: Knowing your rights helps prevent abuses.
Create a Family Emergency Plan in Case of Possible Deportation
Designate a trusted contact: Choose a trusted person who can handle emergency tasks, such as picking up children from school.
Organize important documents: Keep passports, birth certificates, and immigration documents in a safe and accessible place, and inform a trusted person where they are stored.
Establish a power of attorney: This legal document allows a trusted person to make decisions on your behalf, such as managing finances or caring for children if you are unavailable.
Legal Options for Individuals with Criminal Records or Prior Deportations
What We Know So Far About Deportations
Both Vice President-elect Vance and the new “border czar,” Tom Homan, have announced that during Donald Trump’s next term, the United States Department of Homeland Security (DHS) plans to deport between 1 and 1.5 million immigrants with criminal records during the first year.
Homan provided more details this week during an interview with Fox News, stating that the administration will focus on “threats to public safety and national security.” He also stated: “Every undocumented immigrant in this country has broken the law, so they are all considered criminals. However, some are worse than others.”
Homan, who was chosen by Trump to lead this strict “zero tolerance” policy, added that immigration “is not a victimless crime.” He mentioned an increase in problems such as human trafficking and terrorism, noting that these are issues on which the administration will focus its efforts.
During Trump’s first term (January 20, 2017 to January 20, 2021), certain deportation priorities were established that could be reinstated in 2025. These priorities included:
- People convicted of any crime
- People charged with a crime, even if the case has not yet been resolved
- People who have committed acts that could be prosecuted as crimes
- People involved in fraud or who have lied to any government agency
- People who have improperly used public assistance programs
- People with a final order of deportation who have not left the United States
- People whom immigration officials consider a risk to public safety or national security
These priorities show the administration’s focus on deporting individuals who may be considered a threat. This strict approach, called a zero tolerance policy, will likely shape the future enforcement of immigration laws.
If you or a loved one has a criminal record or prior deportations, these are some possible legal actions:
1. Addressing misdemeanors and felonies
Misdemeanors: Minor offenses (such as driving without a license) may still affect immigration status. A lawyer can help reduce or dismiss these charges.
Felonies: Felonies (such as assault) are more serious. Some may be reclassified or reduced, which could help avoid deportation.
2. Special immigration programs for victims of crimes or trafficking
U Visas: For victims of crimes who cooperate with authorities, providing temporary legal status and protection from deportation.
T Visas: For victims of human trafficking, offering legal status and work authorization.
3. Waivers for prior deportations
Waivers: Forms of legal relief that allow individuals with previous deportations to reenter the United States or adjust their status. Some examples include the I-212 waiver (for reentry) and the I-601A provisional waiver (for unlawful presence).
Eligibility: Generally available to those who have U.S. citizen relatives or can demonstrate extreme hardship.
4. Cancellation of removal
This is a defense against deportation. If you have remained in the United States for more than 10 years, demonstrate good moral character, and do not have an aggravated felony, you may qualify to remain in the country due to family hardship.
5. Applying for asylum
Asylum: For individuals who fear persecution in their country of origin due to their race, religion, nationality, or political opinion.
Legal actions: Requires evidence of persecution or threats and involves an interview or hearing.
Other Legal Paths to Prevent Deportation
Temporary Protected Status (TPS): Provides temporary legal status to individuals from countries experiencing crises, such as wars or natural disasters.
Adjustment of status: For certain relatives or workers, it offers a path to permanent residence (Green Card) without leaving the United States.
Voluntary departure: Allows individuals to leave the United States voluntarily, avoiding harsher penalties and preserving possible future reentry options.
Stay Informed and Connected Regarding Immigration Laws
Follow trusted organizations: Stay informed with Progresso Legal Group, the American Civil Liberties Union, and other trusted organizations for news and legal residency options.
Document positive contributions: Record your work history, community involvement, and achievements to support your case if necessary.
Frequently Asked Questions About Immigration and Deportation (FAQs)
What are Trump’s plans for immigration?
Trump has promised large-scale deportations, focusing especially on individuals with criminal records.
Who is at greater risk of deportation?
Individuals with criminal records, prior deportations, or recent arrivals.
How can I know if I am at risk?
Consulting with an immigration attorney is the best way to evaluate your situation.
What are my rights if U.S. Immigration and Customs Enforcement (ICE) approaches me?
You have the right to remain silent, refuse entry without a warrant, and request an attorney.
How can I protect my family if I am detained?
Create an emergency plan, designate a trusted contact, and establish a power of attorney.
What is a power of attorney and why is it important?
It allows a trusted person to make decisions on your behalf if you are unavailable, ensuring that your family is protected.
Should I avoid traveling within the country if I am undocumented?
Avoid unnecessary travel, as ICE may be present at airports and bus stations.
What should I do if ICE arrives at my home?
Request a warrant, remain silent, and contact your attorney.
Do sanctuary laws protect me?
Sanctuary laws limit cooperation between local police and ICE in some places.
Can minor criminal records affect my immigration status?
Yes, even minor infractions can affect immigration status.
Progresso Legal Group: Supporting Immigrant Families for More Than 25 Years
For more than 25 years, Progresso Legal Group has supported immigrant families in facing complex legal challenges. Understanding your rights and preparing for possible encounters with authorities allows you to protect your family and your future.
Contact Progresso Legal Group
If you need support or have concerns about deportation, contact Progresso Legal Group. Our experienced team is here to guide you every step of the way, helping you stay informed, prepared, and protected.