What is Coming Beginning January 20, 2025 Under the New Administration?
There have been a lot of scary anti-immigration promises made by Trump and his allies. What his administration will do, and when, is another matter. But we know that big sweeping changes that need to go through Congress take time. His administration will probably first attack the things that can be altered fast without going through Congress. Border security policies, and things like Prosecutorial Discretion (for persons currently in Immigration Court or who have prior removal orders) are a few things that could be eliminated more quickly.
What if I’m About to File an Application?
In most instances, we recommend getting your application filed before January 20, 2025, if at all possible.
While in the past, attorneys may have strategically decided to file a basic application and supplement it later, in most instances it will be prudent to file a complete application starting January 20, 2025. This is just in case the incoming administration tries to deny applications based on being incomplete, instead of the usual practice of issuing a Request for Evidence (RFE) for any additional information.
What if I’m in Removal Proceedings (Deportation Proceedings, or in Immigration Court)?
We recommend revisiting case strategy with your attorney as soon as possible, for a few reasons, but mainly given the high likelihood that Prosecutorial Discretion will end after January 20th. This means we will likely no longer have the opportunity to request that the DHS/ICE prosecuting attorney agree to close removal proceedings under certain circumstances.
During the past 4-years of a Trump Administration, we saw restrictions to asylum law come from various levels. Please see the link to the Asylum Seeker Advocacy Project for more Recommendations and Resources particular to asylum.
LINK TO ASYLUM SEEKER ADVOCACY AFTER ELECTION RECOMMENDATIONS
(For #4, another immigration status could also be Special Immigrant Juvenile Status (SIJS), or a T or U visa, for example.)
DACA Holders
If you currently hold DACA status, we recommend you meet with us, or another qualified attorney, to discuss renewing asap before January 20, 2025.
There still may be time to consider Advance Parole, for example, if you have a family-based path to permanent residence, but an entry without inspection is currently preventing you from being eligible. We also recommend talking to us, or to another qualified attorney, asap about this if you believe you might be eligible for Advance Parole.
Mixed-Status Families
If some among your family have status, and some do not, you will want to talk to an attorney right away about whether those who do have status, or even a pending application, can help their family members. This could be:
- through a family-based petition for a direct relative, or
- by adding a family member as a derivative to another type of pending application, such as a U visa.
Please let us know if you have any questions about the above.
