Donald Trump Returns To The Presidency – What Affect Will He Have On Immigration?

Q#1: When does Donald Trump take office?

A#1: Donald Trump takes office January 20, 2025.

Q#2: Now that Donald Trump has been elected president, WHAT HAS HE SAID HE WILL DO?

A#2: Donald Trump has said he would:

1. Finish building the wall along the southern border of the U.S. and Mexico,
2. Deport the 11+ million undocumented people,
3. Take away the Birth Right Citizenship of the United States Citizen (USC) children of those 11+ million undocumented people by changing the Constitution so that those born in the U.S. are not automatic citizens; and 
4. Make both illegal and legal immigration much harder.

Q#3: What CAN Donald Trump do?

A#3: Donald Trump can:

1. Continue building the wall that he started to build eight years ago, but he will need to find more money either from Congress or by trying to declare a National Emergency to direct funds from the Military to build the wall. 
2. He will try to get more aggressive about deporting the 11+ million undocumented people, but at the current rate it would take him 20+ years to deport everyone and he only has 4 more years in office.
3. Under the Constitution he cannot deport US Citizens even if they were born to undocumented parents. 
4. As we saw during his last 4 years in office, he made it much harder to be granted any immigration benefit and he slowed things down significantly by directing the Immigration Departments to take extra steps with every case and to deny any cases that require an exercise of discretion. 

Q#4: What are the chances that Donald Trump can deport 11+ million people?

A#4: It would be impossible for Donald Trump to deport 11+ million people and here are the reasons:

1. 11+ million people is equal to the combined population of Washington and Oregon. The ability to round up and throw out the equivalent of every man, woman, and child in these 2 states is impossible. 
2. 4.5 million of the 11+ million undocumented people here have USC children. Those children would not only have the right to stay in the U.S., but the Federal Government would have to find foster parents for these 4.5 million children, causing a huge complication to deporting the 11+ million.
3. If 11+ million people were deported, who would do the work? Eastern Washington is an agricultural area and the economy here would collapse without workers cutting asparagus, picking apples, and milking cows. 
4. The Immigration court faces a 3.7 million case backlog and adding 11+ million cases to that backlog would grind the system to a halt since it already takes years for existing cases to be heard.
5. Finally, the majority of U.S. Citizens actually want to legalize the 11+ million undocumented people here in the U.S. that don’t have criminal issues and have been here for many years.

Q#5:  If the Trump Administration is serious about deporting the 11+ million undocumented people here, can they just randomly grab people and deport them?

A#5: Unlikely. There is a part of the Immigration Law called Cancellation of Removal that allows someone to go in front of an Immigration Judge and ask for a Green Card if they meet three requirements:

1. 10 years of physical presence in the U.S., 
2. Good Moral Character, and
3. Demonstrating Extreme Hardship on a USC child, spouse, or parent. 

If the Immigration Judge determines they meet the requirements, then the person receives a Green Card. Given the current backlog, it takes many years for a Cancellation of Removal case to be completed. If 11+ million people asked for Cancellation of Removal then it would take decades for everyone to have their day in court…but Donald Trump’s final term in office is only 4 years.

Q#6: What is likely to happen after January 20^th?

A#6: It is likely that the Trump Administration will:

1. Continue working on the border wall,
2. Start instituting raids to scare people, 
3. Attempt to cancel any temporary immigration programs (like DACA),  
4. Try to boost removal efforts of those in the U.S. with previous immigration or criminal history.

Q#7: What should I do to prepare for January 20^th?

A#7: If you have had any contact with the Police or Immigration at any time or have US Citizen family members that may be able to file an application for you, then you should contact an Immigration Attorney now. 

Also, be aware that ALL PERSONS inside the United States, regardless of their status, have legal rights under the Constitution that Donald Trump that cannot ignore. So, determining your situation and potential pathway toward legal status right now is the best way to be prepared if you should come into contact with immigration while Trump is President.

Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com. 

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