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How To Respond To President Trump's Executive Orders

Message from Attorneys Dayna Wheatley and Tri-An Tran-Nguyen

On the day of his inauguration, President Trump followed through with his stated plans to issue executive orders impacting immigration to the United States. Here is a summary of these changes below; however, the court challenges have already begun.

It is important not to panic when reading about these changes, and it is too soon to tell how exactly the measures will be implemented or enforced at this time.

We will share updates with you as we receive them. If you have questions about this message, please schedule a consultation.

We had not been doing detained work since the global pandemic in 2020, but we will again be offering detained representation for any existing client placed in an immigration detention facility effective March 1, 2025. Therefore, feel free to call our office for help if needed. Detained work for persons who are not existing clients will be considered after a consultation. There will be a consultation fee, and it is credited to your account if you hire me.

Here is how the Executive Orders may affect you or your loved ones:

People Who Entered the United States With Visas That Are Still Valid

If you entered the United States with a visa and (1) it has not expired, and (2) you have not violated the conditions of your visa (e.g. overstaying your visa or working without permission), then please read below.

  • You should not be impacted by these Executive Orders.

People Who Entered the United States With Visas That Are No Longer Valid OR People Who Entered Without A Visa

If you entered the United States with a visa and your period of authorized stay has expired (e.g. six months for a visitor visa unless extended), or you have violated the conditions of your visa (e.g. working without authorization), then please read below.

  • This order calls for undocumented persons to register and for the prioritization of enforcement (removal) against those do fail to do so. At this time, there is no procedure outlined for registration.
  • You could now be subject to detention in an immigration facility, even if you have an application pending with USCIS.
  • You could also be subject to federal criminal or civil prosecution (involving incarceration in a criminal facility and/or monetary fines) for your unlawful presence.
  • State penalties and fines could also apply.
  • We do not yet know if bond motions for release will be granted by immigration courts. It is likely that being released on parole will not be an option.
  • DHS/ICE attorneys will no longer agree to dismiss cases in immigration court as a matter of prosecutorial discretion. However, immigration judges may still grant motions to administratively close or terminate cases, based on the circumstances, such as having an approved Petition for Alien Relative (Form I-130) and needing to attend an immigrant visa interview at a U.S. embassy.
  • There will be more use of “expedited removal,” which will allow DHS/ICE to deport persons without a hearing if (1) they have not been in the United States for 10 years and (2) are apprehended within 100 miles of a U.S. border. A “U.S. border” refers to international airports as well as coastlines. If you are anywhere in the State of Louisiana, you are considered to be within 100 miles of a U.S. border.

ACTIONS SUGGESTED

  1. Consult with a criminal law attorney, save your money for bonds, and prepare to arrange for any available bonds so that you would be eligible to pay. You will need a criminal law attorney if you are detained in an immigration facility to deal with the criminal charges on your behalf, as you will not be allowed to appear in court. You can often use property as collateral for bonds in the absence of cash.
  • If DHS/ICE places a hold on you, bond may not be an option, depending on the circumstances.
  • You can talk to a bail bondsperson now to learn more about bond procedures and requirements.
  • An immigration judge currently may also grant bonds to release those in detention, but they must be paid in full and can be very costly.
  1. Save money for legal representation. You will always have the right to an attorney in a criminal proceeding, and the state would need to pay for it. However, I recommend a private attorney, if possible. We can refer you to criminal attorneys in New Orleans, Baton Rouge, and Chicago. It will also be important to consult with an immigration lawyer prior to the first hearing in immigration court.
  1. Do not agree to any criminal plea deals without knowing the immigration consequences.
  2. The government will NOT pay for an attorney in an immigration court.
  3. If you have been in the U.S. for 10 years or longer, compile evidence of your physical presence for each year and take pictures of it on your phone.

You should also keep copies of this evidence in your vehicle glove compartment and with your loved ones. Examples of your physical presence include, but are not limited to, government certificates (birth of children listing you as a parent, marriage certificate, divorce certificates), medical records, and receipts with your name on them.

  1. Arrange in advance for guardianship and/or power of attorney for your possessions and children if the children are U.S. citizens and you become detained. Attorney Tri-An Tran-Nguyen can assist you with this.
  • It is not yet clear whether non-U.S. citizen children will be detained in any manner, as there are a lack of facilities for children at this time.
  • You will also need to have someone with legal status who can handle your financial affairs on your behalf, sell your property, pay your bills, etc.
  1. KNOW YOUR RIGHTS when encountering ICE officers:

Employment Authorization

You may also lose your employment authorization, if you have a pending case. (This does not include people who are here working on visas.)

The Executive Order on Protecting Americans Against Invasion states that “employment authorization is not provided to any unauthorized noncitizen in the United States.” Normally, persons who apply for permanent residence (i.e. have a filed Form I-485) are considered to be in a period of authorized stay.

There is no definition yet of who will be considered an “unauthorized noncitizen” for the purpose of employment authorization. We are awaiting an announcement from USCIS, and I do not know how long we will need to wait for that.

People Who Are Applying for Visas From Outside the United States

  • This will mean that immigration from those countries will be banned, like what happened with the “Muslim Ban” and other countries during President Trump’s first administration.
  • There will be “enhanced vetting and screening across agencies” at all U.S. embassies. However, visas will still be granted for persons residing in countries that have not been identified as a security threat, except for refugees.
  • President Trump has ordered a report within 90 days to decide if continuing to accept refugees is in the interest of the United States.
  • Going forward, refugees would only be admitted if they “can fully assimilate” and will not be a burden to U.S. taxpayers. It is not clear what the definition of “fully assimilate” will be.

People Who Are Attempting to Cross the Border Without a Visa

  • The Executive Order on National Emergency has declared the southern border to be a national emergency, which would allow the use of U.S. Department of Defense personnel and resources to put up physical barriers around the border.
  • The U.S. will publish a report within 90 days as to whether it is feasible to invoke the 1807 Insurrection Act, which would allow the government to deploy the U.S. military and the national guard to suppress civil disorder.
  • We will not know anything further about how they would do this until the report is published.
  • There will be no more voluntary returns at the border, also known as “catch and release.”
  • This likely means there will be more expedited orders of removal issued against persons caught trying to enter without a visa, and these would bar them returning for a period of five years.
  • Violations of these orders can lead to serious criminal and immigration consequences.
  • The CBP One application, which allowed persons to make appointments at the border to request asylum, is no longer in use, and all appointments have been canceled.
  • Advance parole for persons from Cuba, Haiti, Nicaragua and Venezuela is canceled.
  • There are other forms of relief, Withholding of Removal and under the treaty Convention Against Torture, that are similar to asylum but more difficult to obtain. 
  • It is unclear at this time as to whether these types of cases will also be disallowed under this Executive Order.

ACTIONS SUGGESTED

  1. Any person planning to cross the U.S. border without a visa should be prepared to be apprehended by an ICE officer, an armed member of the U.S. military, or the National Guard. Furthermore, this person will be detained without the possibility of parole (release) until (1) any case is decided in a detained immigration court or (2) they are deported.
  1. Any person planning to cross the U.S. border without a visa should bring (1) health clearances from their doctor as well as (2) police clearances from their native country and any other country where the person resided for six months or longer.

Birthright Citizenship

The President has issued an Executive Order entitled Protecting the Meaning and Value of American Citizenship stating that there will be no more right to U.S. citizenship by birth in the United States after February 19, 2025. . It is unclear what citizenship the child would have if the mother and father are citizens of different countries.

  • This Executive Order defies the U.S. Constitution and U.S. Supreme Court precedent, and at last count 22 states have already filed a lawsuit against it.
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