What comes next?
So now that Donald Trump has been elected and will take office in January, what can we expect? Assuming that you are familiar with his election promises, his agenda and the actions he took in his last presidential term it seems very clear that Immigration will be on the top of his list of actions to take on day one. (Or shortly after, a nod to hyperbole)
I have immigration clients in Garland Texas coming in nervous, even people that have legal permanent residency status. I feel confident in assuring you that you are going to be fine! Your green card can’t be taken away arbitrarily. It isn’t a bad idea to naturalize if you meet the requirements to become a U.S. Citizen if you have family members that you want to assist and submit petitions on their behalf.
Deferred Action of Childhood Arrivals (DACA) recipients are also feeling anxious. DACA isn’t a construct of Congress and therefore doesn’t have the same protection. However, Trump acknowledged in his interview with Meet the Press on December 8, 2024 that he wants DACA recipients to be able to stay in the U.S. His “border tsar” Tom Homan has also stated that DACA protections should be included in a new tougher, border/immigration bill.
Where the focus will most likely be is at the border. Specifically, the southern border. The tool they will rely on is expedited removal. This differs from deportation/removal proceedings that people are more familiar with. This is a process where an immigration officer, not a judge, is able to order a migrant out of the country and bars entry for 5 years. They are still entitled to a credible fear hearing for an asylum claim but certainly not guaranteed to pass that hearing and move on to filing a lawful asylum claim.
Watch for asylum to be the next big congressional action in 2025. Trump believes that the majority of asylum claims are without merit and has shown hostility toward those that are lawfully seeking admission to the United States through asylum. As Congress works on an immigration bill that will satisfy Homan and Trump, asylum law will be a subject with a lot of focus.
Regardless of the new laws that we will likely see in 2025, the laws that we are currently working under will allow the incoming administration to enforce these laws strictly without prosecutorial discretion in favor of immigrants. It is therefore important to know your rights and have a plan in place if you do not currently have legal status.
I encourage you to come back for upcoming blogs addressing these and other important issues affecting Garland Residents and others!
