Reasons to fear Trump

With Donald Trump about to become President, immigrants, both legal and undocumented, are rightfully concerned about the new administration’s plans for changing our immigration laws. Some actions will require congressional approval. Others are within the President’s power, subject only to constitutional limitations.

QANot without new funding from Congress. He cannot divert funding from immigration filing fees. Trump can change enforcement priorities, but Immigration and Customs Enforcement and the immigration courts are already overwhelmed.

One concern is that the new administration could make increased use of expedited removal. That’s a process in which ICE can deport certain undocumented immigrants without the right for them to contest deportation in a hearing. ICE can use it only against undocumented immigrants here for less than two years and only against immigrants applying for entry or those who snuck into the United States. Currently, ICE limits expedited removal to individuals caught trying to enter and those caught within 100 miles of the border and who have been here less than 14 days. Trump could expand use of expedited removal, but most undocumented immigrants have been here two years or more and thus, by statute, cannot be deported without a hearing. Yes. Obama created the program through executive action. Trump could end the program. Congress is considering legislation that would make DACA a statutory right. No. Trump’s designees are in charge of U.S. Citizenship and Immigration Services, but the rules about who can immigrate, who is barred from immigrating and waivers of those bars are detailed in statutes. The basic rules for getting a green card will remain in place unless and until Congress agrees to change them.