Statutes of Liberty: Trump administration part II, buckle up

Sponsored Sponsor Published November 7, 2024 at 12:00PM

This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq. and Janice Chen, Esq., practicing attorneys at The Law Office of James Montana PLLC , an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

We didn't ask for our sponsored column on immigration law to be published less than two days after the election — that's just the way the cookie crumbled.

The first thing we want to say to our readers — and our clients — is: Don't panic. As we explained recently in these pages, most of our immigration legal apparatus is statutory or regulatory . Statutes can only be altered via legislation, and regulation can only be promulgated via the regulatory process. Major changes, if they occur, will be slow.

What changes do we expect?

may end. The Trump administration tried to terminate DACA in its first term; it will now have the opportunity to try again.may be revoked for individual countries. The Trump administration attempted to revoke TPS for El Salvador in its first term. President Trump has said that he would revoke TPS-Haiti if elected . We believe him.Parole in Place for spouses of U.S. citizens is almost certainly toast. As we said in our on the subject back in June 2024: "As an executive action, it is subject to a simple revocation by any subsequent President without an act of Congress."Prosecutorial discretion in the immigration court is going to be severely restricted. The first Trump administration effectively had a "everything is high priority" posture. That means the immigration court backlog is going to get worse, not better.Future asylum claims will be made much more challenging. We expect this to be a highly contentious and litigated area, and will address it in future columns as developments dictate.Public charge determinations may be a big part of family-based immigration law again. Will we see the return of the Form I-944? MaybeThe U and T Visas may be restricted via internal action. These visas, for victims of crime and human trafficking, are authorized by statute. But the Project 2025 blueprint suggests that a future Trump administration uses its executive authority to restrict U and T visa approvals to those who are to law enforcement. This would restrict approval to those whose U and T visa application processes are running concurrently with the criminal prosecutions — a small fraction of the total.Mass deportations are a real, albeit unlikely, possibility. What should immigrants do?

If you qualify for a benefit today, apply. Possession is nine-tenths of the law, and, in immigration law, possession means having a pending application. Stay out of immigration court. As always, avoid giving your hard-earned money to the crooks who prey on vulnerable people in difficult times like these. Never pay a 'notary' for immigration help. Always insist on working with a licensed attorney, and get a quote from more than one. Comparing the possibilities can save you time, heartache, and legal fees. As always, we are grateful for your questions and comments, and will do our best to respond.