The U.S. Court of Appeals blocked Trump’s travel ban but immigrants and non-immigrants remained worried about deportation under Trump from the United States. Trump signed three immigration executive orders. The travel ban executive order has been getting most of the media attention, however the executive order entitled, “Enhancing Public Safety in the Interior of the United States” signed on January 25, 2017 has already been implemented by Immigration and Custom Enforcement in the U.S.
What can we expect to see immediately by the implementation of “Enhancing Public Safety in the Interior of the United States”:
- Deportation and removal from the U.S. of immigrants and non-immigrants with final orders of removal (meaning person already appeared in front of judge in immigration court and were ordered removed from the U.S.). These individuals may have been allowed to remain in the U.S. under President Obama through an Order of Supervision and reported monthly to Immigration and Custom Enforcement (ICE) local office. So, any individual with a final order of supervision should be worried about ICE making travel arrangements for deportation.
- Limited granting of Stay of Removal. Generally, when an individual has a final order of removal/deportation, they can present to ICE a request to temporarily paused their deportation (known as a stay of removal). Usually, ICE would consider factors such as medical issues, young U.S. citizen children, financial issues, etc. in granting a stay of removal. However, since under the “Enhancing Public Safety in the Interior of the United States” there is limited use of discretion by ICE, most likely stays of removal will not be granted and removal/deportation will be more immediate.
- Workplace raids will increase as ICE Enforcement and Removal Operations is directed under the executive order to “prioritize for removal noncitizens” – especially those working illegally.
- Detainers by immigration on those booked into jail who are illegally in the U.S. or green card holders being charged with deportable offenses. The executive order also prioritizes removable of aliens convicted of criminal offenses, those “charged with any criminal offense, where such charge has not been resolved”. Thereby, this means that if you are charged with an offense that is deportable, ICE will place a detainer on you in jail and you will not be eligible for bond. Procedures are also being implemented so local police can be trained and function as immigration officers, thereby detaining individuals who are unlawful in the U.S. or green card holders subject to deportation if convicted of charged criminal offense.
- No more catch and release of individuals trying to enter without inspection. So, anyone entering the U.S. illegally will no longer be simply returned or denied entry. Instead, these individuals will be charged with federal criminal immigration violations, detained, and then returned to their native country.
For more information on deportation under Trump,
email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
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