Worried about your immigration status amid Trump’s ‘mass deportation’ agenda?
Experts say preparation – not panic – is your friend. Here are some local resources for immigrants and their families.
President-elect Donald J. Trump repeated literally thousands of false or misleading claims about immigrants on the campaign trail, including debunked conspiracy theories supporting anti-immigrant sentiment and promoting racist ideology. His language and policy ideas grew increasingly extreme over time, reiterating plans for “mass deportation” and focusing on people he calls “the enemy within” the United States.
Trump’s specific immigration policy agenda remains somewhat vague, and immigration legal experts who spoke to The 51st say it’s too early to know exactly what to expect. It’s also likely some new laws or executive orders will be challenged in the courts.
But some details are coming into focus: CNN reports that the incoming president is making plans to expand detention facilities to accommodate mass deportations and an end to the practice of releasing migrants after they cross the border. Trump is also likely to bring back the “remain in Mexico” program, requiring immigrants to stay in Mexico while their immigration proceedings are processed, and revise asylum restrictions, per the outlet. (The American Immigration Council estimates these policies would cost more than half a trillion dollars over time, and negatively affect the U.S. economy.)
Legal experts told The 51st that, based on comments from Trump and his incoming team (which includes infamous immigration hardliner Stephen Miller), they worry Trump’s policies could include increasing scrutiny of green card holders, increased removal of asylum seekers, and attempts to end Temporary Protected Status for some countries. Many of the 472 immigration-related actions Trump took during his first term were to end or reduce temporary statuses for humanitarian immigrants, like people with Temporary Protected Status and asylum seekers. As of September, there were 2,860 D.C. residents relying on TPS. Many local immigrants from El Salvador and Ethiopia depend on the program to stay in the country.
Mayor Bowser’s office declined a request to be interviewed about how D.C. might respond to these potential changes, instead directing The 51st to the mayor’s first press conference after the presidential election results were announced.
“While we don’t have control over how a president enforces immigration policies, we should advocate for our residents who have lived here for many years,” the mayor said. “ We need the people in our city who came here with TPS [Temporary Protected Status] protection. And we think they should have a pathway to citizenship.”
The D.C. area’s only Amharic-language local news service, Ethiopique, surveyed readers regarding their fears and concerns about what comes next. Ninety-five percent of those who responded said they are “worried or extremely worried.”
Readers submitted 55 questions through the survey, many of them regarding changeable federal immigration policies and the particulars of an individual case. In order to create the most helpful guide for local immigrants concerned about the possibility of deportation, The 51st, Ethiopique, and El Tiempo Latino have assembled a list of legal resources available to local immigrants.
“My advice would be to seek [legal] consultation immediately - do not wait,” says Deepa Bijpuria, who supervises the Immigration Legal Services unit at Legal Aid D.C. “People want a crystal ball … we don't know what's going to happen, but there are some proactive things you can do.”
Note: We’re not lawyers and this is not legal advice. But we talked to local attorneys, service providers, and officials to distill steps any residents without full U.S. citizenship can take if they are worried about their immigration status.
1. Make a safety plan
Anyone concerned about their immigration status should consider the general options below. “I don’t want to fuel the hysteria,” Bijpuria said. “But I also don’t want to live in the land of guessing.” This is especially true for mixed-status households, where some members of a family have legal status while others do not.
- Talk to an immigration lawyer. They can identify any additional options for legal relief you may be eligible for. (See #3 for how to find a lawyer.)
- Carry that lawyer’s business card at all times.
- Carry your ID or papers at all times. If you have a green card, you’re already required to carry it at all times. If you have a pending application for asylum, carry your application receipt with the application number on it at all times.
- Designate someone you trust as a legal power of attorney (POA). “Too often, some or all of a detainee’s belongings are lost, destroyed, or stolen by the immigration-enforcement agents entrusted with their care,” according to the American Immigration Council. Creating a power-of-attorney document allows the person you designate to take responsibility for and access your property and finances when you are unable to. That way, if you are detained or deported, your money and belongings can remain safe with them. This power can be abused, so choose carefully who you give it to.
- Designate someone you trust as a legal guardian for your child(ren). In D.C., establishing “stand-by guardianship” allows parents to make long-term plans for care, in case of death or detention, without limiting their current legal rights.
- Write down your plan. United We Dream recommends placing your plan in a folder labeled “Privilege & Confidential” before giving it to a person you trust, for safekeeping.
2. Know your rights
Review your legal rights so you can assert them confidently if you are stopped in public or visited at your home.
The national advocacy groups American Civil Liberties Union (ACLU) and United We Dream publish general guidance for how to respond in several specific scenarios. The Immigration Legal Resource Center also provides printable cards in 14 languages (though not Amharic) that can be carried with you and shown to law enforcement. Highlights include:
- You have the right to remain silent when stopped by police (though some states require you provide your name when asked to identify yourself);
- If you do speak, you should never lie about your status – anything you say can be used against you;
- If an immigration officer asks to see your papers, you must provide them if you have them with you.
- Most people who are detained while their case is underway are eligible to be released on bond or with other reporting conditions.
- You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention.
- You have the right to have your attorney with you at any hearing before an immigration judge.
3. Talk to a lawyer
The answers to questions like “What should I do about my pending case?” or “Could I lose my legal status?” vary widely from one person to the next because immigration law and the associated administrative processes are complex.
“It's pretty dire when you don’t have an immigration attorney. Especially when you’re in removal (process), but even when you’re not,” Bijpuria says, noting that immigration law has the highest stakes for the people involved, second only to criminal law. “You can’t expect anyone to be successful ‘pro se’ (representing themselves).”
For low-income individuals, a patchwork of local nonprofits offers free or low-cost legal assistance to immigrants.
Some organizations offer recurring walk-in clinics, such as:
Most other organizations require you to make an appointment in advance. And some require a fee for consultation, typically $100 or less.
Browse organizations in directories like these:
Organizations like those in the directories linked above also offer occasional walk-in clinics. Review their websites and calendars, or sign-up for their email updates, to stay informed:
There are not enough immigration attorneys to meet the need, so you may need to keep calling organizations. Didn’t get a call back after leaving a message? Call again. All of the new appointment slots were full this week? Check back next week. The resources are finite, the organizations are overwhelmed. But they want to help you.
“We’re all going to help each other. Take a deep breath. It’s easy to panic,” Bijpuria said. “All the local nonprofits are talking about what we can do. I hope you’ll see a lot of coming together and coalitions to make sure we preserve peoples’ rights.”
It’s worth noting that some organizations only serve certain segments of the population, such as:
People who earn too much to qualify for low-income services and who do not meet the criteria for more specific programs often cannot afford a private attorney – which can cost tens of thousands of dollars. But it’s always worth asking about a payment plan.
"If you get charged with a crime in the U.S., you have a right to a lawyer. That's a bedrock of the criminal legal system in the U.S. But that doesn’t translate to immigration court,” said Amy Fischer, a volunteer with Migrant Solidarity Mutual Aid. “The majority of people here who are facing court procedures are doing so unrepresented. So many of the people who have arrived here in the last several years are fighting deportation without legal assistance.”
And the stakes for those people are high.
“I would say the closest thing, in terms of stakes and consequences, to criminal law is immigration law,” Bijpuria said. “Because the consequences are you’re separating people from their families. And for many people, if the were to have to return home, they’re returning to death. They’re returning to violence. And that’s as close as having a criminal consequence as I can think of."
4. Make sure that person is a legitimate lawyer
Immigration is rife with unauthorized practice of law. Bijpuria said immigration attorneys see clients all the time who have been victims of fraud. "You see malpractice from licensed attorneys all the time, too. But just Google ‘notario fraud.’ It’s a huge hot button problem, in immigration particularly,” says Bijpuria. “It’s a violation of law to practice law without a license – in every single jurisdiction. But get on TikTok and there are people claiming all the time that they can fix your immigration problem for like $5,000 over TikTok. It’s bad.”
U.S. Citizenship and Immigration Services also warns against scammers posing as immigration officers,
So how do you sort the good from the bad? A simple internet search of your prospective lawyer is the easiest first step. For more thorough vetting:
5. Connect with more community members
Community is important for everyone. And community members can provide both emotional and material support where official resources might fall short.
In response to the COVID-19 pandemic, many “mutual aid” groups also sprung up to organize neighbors helping neighbors.
The network evolved from Solidarity DMV, which was created to oppose U.S. Immigration and Customs Enforcement (ICE) raids during Trump’s first term. In 2022, when Republican governors in Texas and Arizona started busing migrants to D.C., Sanctuary DMV partnered with other groups to help meet new arrivals’ needs.
For new humanitarian immigrants, D.C.’s Office of Migrant Services was also created to respond to migrants bused here from Texas and Arizona. Street Sense Media reported earlier this year that the D.C. Department of Human Services, which oversees the office, was preparing to reduce these services because fewer families are coming to the District. The office opened a welcome center in June, and a department spokesperson told The 51st in an email that nearly 5,000 migrants have been served by the center as of Nov. 20.
“We don’t want to strike fear in communities. And. And, I don’t think we can comfortably say that any community is safe in this moment,” Fischer said. “We need to come together and stand up for each other, regardless of status and vulnerability.”
Henok Mengistu contributed reporting and organized a webinar last month where readers could pose questions directly to an immigration attorney. He founded Ethiopique, a Tiny News Collective member newsroom like The 51st.
This article has been updated to replace the organization providing printable know-your-rights cards. The new provider features 14 language options, including the three offered by the original resource.
