News

Immigration Basics

December 2, 2024

President-elect Trump has threatened to expand deportations of immigrants on
“day one,” potentially by deploying state and local law enforcement for immigration enforcement. While he has softened his rhetoric to target “criminals,” according to the ACLU’s analysis, Trump has repeatedly sought to rationalize his plans for mass deportation, blending military and national security rhetoric with xenophobia. When asked about the legality of using the military against civilians, Trump retorted that, in his view, “these aren’t civilians.”

Just as we have been doing for over a century, Neighborhood House continues to provide critical services to immigrants. Now more than ever, it’s important that we are vigilant and informed of how immigrants and their families may be impacted by policies of the new administration. Here are some basics everyone should know.

Department of Homeland Security (DHS) – Engages in immigration enforcement actions to prevent unlawful entry into the United States and to apprehend and repatriate noncitizens who have violated or failed to comply with U.S. immigration laws. 

Immigration and Customs Enforcement (ICE) – Under DHS – ICE is responsible for interior enforcement, detention, and removal operations.

US Customs and Border Protection (CBP) – Under DHS, CBP enforces immigration laws at and between ports of entry.

U.S. Citizenship and Immigration Services (USCIS) – Under DHS, USCIS processes applications and petitions for immigration and naturalization benefits.

What do I do if ICE comes to my door? Don’t open the door, remain silent, and don’t sign anything. Do not consent to a warrantless search, and document the encounter by taking photos, videos, and writing down details. See this helpful Know Your Rights flier from the Washington Immigrant Solidarity Network.

What is a Protected Area? The Department of Homeland Security has designated schools, medical facilities, places of worship, playgrounds, etc. as “protected areas”. Here,  ICE is expected,  “to the fullest extent possible,” not to take enforcement actions such as an arrest, search, or service of a subpoena. At this time, ICE is not entering these locations – but this may change under the new administration.

What is expedited removal? If a person lacking permanent legal status is in the country for two years without a court hearing or any type of authorization, they can be deported without a hearing before a judge. That type of removal is limited to 100 miles from a border. However, during the first Trump administration, that zone was expanded to the rest of the country. A second Trump administration could do that again. (Figueroa, Washington State Standard, 2024).

What is Temporary Protected Status (TPS)? TPS was signed into law by President George H.W. Bush to help people already in the United States who cannot immediately return safely   to their country because of a natural disaster or an armed conflict. 350,000 Venezuelans and 200,000 Haitians have TPS. Immigrants from El Salvador, Honduras, and Nicaragua have been eligible for TPS for over 2 decades, immigrants from Ukraine, Lebanon, and Ethiopia were added recently. The Trump Administration has threatened to end TPS which would disrupt the lives of about 1 million people from deeply troubled countries. (Jordan and Aleaziz, New York Times, 2024)

What is Deferred Action for Childhood Arrivals (DACA) The future of the DACA program remains uncertain due to pending litigation, and President-elect Trump has indicated plans to eliminate it, which would lead to over half a million DACA recipients losing protected status.DACA was originally established via executive action in June 2012 to protect certain undocumented immigrants who were brought to the U.S. as children from removal proceedings and receive authorization to work for renewable two-year periods. (Pillai and Artiga, KFF, 2024) Ending DACA would rip over half a million people from the only country they’ve ever known.

Is Washington a “sanctuary state?” The Keep Washington Working Act (KWW) prohibits many once-routine practices that, in the past, funneled many Washington state residents into contact with federal immigration enforcement. KWW prohibits local and state government agencies from collecting or sharing personal information, including birthplace and immigration or citizenship status, with federal immigration authorities, except in cases where necessary as part of an ongoing criminal investigation or under a court order or judicial warrant. It also bans the detention of individuals solely based on suspected civil immigration violations and prohibits contracts between local jails and federal immigration authorities. However, Keep Washington Working does not task any agency with monitoring or responding to violations of the law, and compliance has been inconstant. (UW Center for Human Rights, 2024)

What you can  do to help. If you happen to be in a position of privilege, here is what you can do:  stay informed, donate to organizations that are working to protect immigrants, and speak up in solidarity. Here are some suggested organizations to connect with.

Washington Immigrant Solidarity Network

Northwest Immigrant Rights Project

American Civil Liberties Union

One America

Neighborhood House


Notes/Acknowledgements

Copyright 2024 American Civil Liberties Union. Originally posted by the ACLU at https://www.aclu.org/trump-on-immigration

https://www.nytimes.com/2024/11/15/us/trump-immigrants-temporary-protected-status.html

https://washingtonstatestandard.com/2024/11/07/dc/immigration-groups-brace-for-a-second-trump-administration/

https://www.kff.org/racial-equity-and-health-policy/issue-brief/expected-immigration-policies-under-a-second-trump-administration-and-their-health-and-economic-implications/