Q&A: Trump Immigration Changes, Enforcement, Deportation

• Are people with approved asylum at risk of being arrested by ICE?
  • If your asylum application was approved, you are an asylee, and you are protected from deportation. President Trump and ICE do not have power to change this, and they are not planning or even hinting doing so.
• Are people with pending asylum cases at risk of being arrested and deported?
  • Not unless you have a serious criminal history, or your asylum case gets denied. If you have a pending asylum case, you will be either interviewed by a USCIS asylum officer or an immigration judge will review and decide your case. You will be heard one way or another before you can be subject to a deportation order. If your case is denied, you may get an order of deportation, but you can still appeal it and get an automatic stay of deportation.
• Are immigrants who crossed the Mexico border but already have pending asylum cases at risk?
  • Not unless you have a serious criminal history, or your asylum case gets denied. No matter how you entered the US, as long as you have a pending asylum application, you have a right to present your case. If your case is denied, you may get an order of deportation, but you can still appeal it and get an automatic stay of deportation.
• How have recent policy shifts impacted asylum application procedures?
  • The applicants who entered through the southern border and detained will likely be detained for longer times, probably until all detention centers fill up. Thereafter, ICE will likely resume case-by-case parole procedures, releasing asylum applicants after Credible Fear Interviews. But currently, the detained applicants remain detained. Asylum eligibility criteria and laws have not changed much. As the time goes, Trump administration, specifically the attorney general, will like issue some BIA precedent decisions restricting interpretation of some criteria for asylum eligibility. However, such decisions will be checked and may get overruled by the federal courts.
• What are the current wait times and conditions for asylum hearings?
  • Approximately 1-3 years in immigration court (depending on the specific judge’s calendar) and 6-8 years at the USCIS affirmatively. The detained cases in immigration courts last 3-6 months. Although, the USCIS randomly schedules some asylum interviews within 1-2 months. There is no consistency.
• Are there new restrictions affecting asylum seekers entering the U.S.?
  • The CBP1 process is terminated. The asylum seekers who enter through Mexico all get currently detained, as of February 2025, and are kept in detention throughout the entire asylum case review, which may last 3-6 months.
• What happens if my asylum application gets denied under the new administration?
  • If it is denied (referred) by the Asylum Office, it gets sent to immigration court and you will have another chance with an immigration judge. If the immigration judge denies your asylum claim, then you get an order of deportation. If you appeal the immigration judge’s decision, the order does not become final until after your appeal is decided. If you timely appeal your case, you will not be deported.
• Can asylum seekers apply for work permits while waiting for their case to be processed?
  • Yes, this remains the same. You can apply for a work permit (EAD, work authorization) after 5 months from the date of filing your asylum application.
• Is it safe to travel internationally and return to the U.S. after the inauguration?
  • Generally, yes. There are no effective travel bans or changes in the re-admission process so far. However, every case is different, and you may have specific circumstances which may make your travel unrecommended.
• Will there be new travel restrictions affecting visa holders?
  • There are none so far and none have been announced so far.
• How might recent executive orders affect my pending immigration application?
  • Depends on the specific application. The recent executive orders focus on enforcement and deportation operations. Some of the changes are made in the immigration court proceedings. For example, Prosecutorial Discretion is eliminated, i.e., the prosecutors in immigration courts are instructed to prosecute and enforce the laws without a wide discretion to dismiss cases or agreeing to the application. The USCIS application processing remains the same so far. Some procedures may change down the road, but in general the president does not have power to change the laws affecting the outcome of the applications.
• Are there anticipated delays in processing times due to new policies?
  • Yes and no. Trump admin believes the changes and reduction in the applicants will help eliminate backlogs. During Trump’s first presidency some of the backlogs did decrease, but most types of cases actually got stuck longer. There is no way to predict the exact effects of the policy changes under Trump.
• What is the current status of the Deferred Action for Childhood Arrivals (DACA) program?
  • Renewals proceed normally. New applications are accepted, but not processed, due to the pending litigation in federal courts. There is a chance it will be eliminated, but no definitive answer.
• Have there been changes to the H-1B visa program that could affect my employment?
  • Not at this time.
• Will using public benefits impact my eligibility for a green card under the current administration?
  • Public benefits (public charge) have always been a subject of a possible inadmissibility. Under Trump’s first administration the issues related to the public charge rules has been expanded and more strictly enforced. It was relaxed under Biden administration and will likely be expanded again.
• What are my rights if approached by immigration enforcement officers?
  • Click here to see our brochure about your rights when ICE stops you.
• How can I find reliable legal assistance during this time?
  • Ask around. Look online. Checkout information about the lawyer’s reputation, what other say in their reviews, and most importantly – talk to the lawyer yourself and see if you feel comfortable with their knowledge. Do not look for the cheapest lawyer and verify that they are licensed attorneys. Give us a shot and Schedule a Consultation.
• Are there new restrictions or considerations for F-1 visa holders?
  • Nothing changed so far under Trump.
• How might Optional Practical Training (OPT) be affected?
  • Not affected yet, and no talks yet.
• Have there been changes to family-sponsored visa categories?
  • No changes yet.
• Are there new requirements or delays in the citizenship application process?
  • Nothing changed at this time. During the first Trump presidency, the government tried to impose new test questions and rules which were first overturned by federal courts and then by Biden administration. Trump may want to reintroduce the new expanded history and civics tests.
• What should applicants expect during naturalization interviews under the new administration?
  • Expanded history and civics test and stricter English language requirements.

If you have any questions or need further clarity about these changes, please don’t hesitate to reach out. You can use this link to schedule a consultation with one of our experienced immigration lawyers to discuss your case or to find out how Trump presidency may affect your immigration options: https://www.islawfirm.com/consultation/.