President-elect Donald Trump has repeatedly accused the President Joe Biden administration of allowing millions of immigrants into the country. At a campaign stop earlier this year, he claimed that many immigrants came from prisons and mental institutions, even claiming that some were terrorists, and vowed to carry out “the largest deportation in the history of our country,” drawing applause and cheers from the crowd.
The promise of mass deportations of undocumented migrants has remained the signature promise of his upcoming presidency, and in November, he confirmed on Truth Social reports that he would declare a national emergency and use the power of the military to do so. Nonprofit immigrant groups have organized nationally in preparation of an uptick in deportations.
While the details of Trump’s plan for mass deportations remain unclear, here is an explanation of who can be deported and the grounds for deportation according to the current immigration law.
Who can be deported?
Deportations of noncitizen immigrants have been carried out through the last three administrations.
President Barack Obama deported 1.49 million people during his second term, Trump deported 1.5 million people, and Biden had deported 1.1 million people by February of this year, on a road to match Trump’s figures by the end of the fiscal year. These figures do not include self-deportations.
The Statute of the Immigration and Nationality Act (INA) outlines the legal grounds on which an immigrant can be removed from the country. Under Title 8 of the United States Code, Section 1227, the key grounds for deportation include the following:
- Inadmissibility at the time of entry or Adjustment of Status (noncitizens who remained in the country without a legal status, for example)
- Criminal offenses (those convicted of certain crimes, aggravated felonies, etc)
- Violation of immigration law (Overstaying a visa, or working without a work permit)
- Unlawful voting (voting in federal, state or local elections without being eligible)
- See the full list here
“[Deportation] is the current policy,” said Brian Manning, a political asylum lawyer and former government asylum officer. “The Biden administration does the same thing; they prioritize criminals, so that is not going to change.”
Collateral damage from mass deportation
President-elect Trump appointed Stephen Miller, Trump’s top immigration adviser, as White House deputy chief of staff for policy. Miller, who is regarded as the architect behind Trump’s immigration policies, like the revival of Title 42, a health policy used during the pandemic to return immigrants to Mexico without giving them a chance to seek asylum and the “Muslim Ban,” which limited the entry of nationals from seven muslim countries to the U.S.
Miller has said on numerous occasions he wants all undocumented immigrants out of the U.S.
Manning believes Trump’s and Miller’s mass deportation promises could lead to collateral damage from targeted searches by U.S. Immigration and Customs Enforcement (ICE), the agency in charge of enforcing immigration laws.
“Right now with the Biden administration, if ICE rolls into a work site or a person’s home, and they’re going for a guy that’s a criminal, and there’s three other undocumented people around them, they’re probably not going to scoop up the other guys. They are just going for the target” he explained.
Manning anticipates that under a Trump presidency, undocumented people who have not committed crimes but cross paths with ICE could also be picked up and put in deportation proceedings to help Trump meet his campaign promise of mass deportation.
“I think that will be a big difference because it will mean that a lot of people will be arrested.”
Deportation protection for asylum seekers, Deferred Action and TPS
In Documented’s WhatsApp community, asylum seekers have asked if immigrants seeking asylum are also deportable.
Manning, who specializes in asylum law, said an immigrant seeking asylum is protected from deportation so long as they have not committed any other crimes or violated immigration laws — like working without a permit.
- Asylum seekers, unlike undocumented immigrants, do not accrue unlawful presence while their application is pending, which is one of the violations under inadmissibility.
- DACA and DALE beneficiaries are protected from deportation during the duration of their Deferred Action.
- TPS holders are also protected so long as the program is re-designated for their countries.
Temporary protections can end with a new administration, Manning said. He, and other immigration professionals nationwide, recommend immigrants apply for other more permanent immigration statuses, such as U Visa, T Visa and Green Card through marriage, if they qualify.
See this list to find an accredited immigration attorney at low cost or pro bono.
Also Read: Asylum Employment Authorization, Explained
Is there a way to fight deportation?
Immigrants facing deportation proceedings navigate limited options to avoid removal. One of the most common options is Cancellation of Removal, Manning said. It is available to individuals who have been in the country for at least 10 years; have not committed disqualifying crimes; have good moral character; and have a legal permanent resident or U.S. citizen spouse, parent, or child who would suffer exceptional and extremely unusual hardship due to the deportation.
Cancellation of Removal is very complex and eligibility depends on each individual’s circumstances. For this reason, it is best to consult with a qualified legal professional.
This article, along with the quotes mentioned, are solely for informational purposes only and do not constitute legal advice.
Also Read: Immigrants ‘Stand Strong’ at “Protect Our Futures” March
