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Nov 15, 2024 | Documented.info

What Non-Citizens Need to Know About the U.S. Presidential Election

It is impossible to predict exactly when or how immigration policies will change under Donald Trump’s second term.

The 2024 presidential election has focused on immigration policy in the United States. Former President Donald Trump, who has been elected to his second term, has called for stricter immigration policies and increasing deportations.

Every person’s immigration case is unique. Please speak to an immigration lawyer or accredited legal representative about your options. Are you unsure about how your immigration status could be affected by a new U.S. president?  Here are some answers and suggestions: 

  1. A new President cannot make any changes to immigration policy until after they have been sworn in on inauguration day, January 20, 2025. 
  1. Certain immigration statuses are temporary. These include:
    1. Temporary Protected Status (TPS)
    2. Deferred Action for Childhood Arrivals (DACA)
    3. Deferred Enforced Departure (DED)
    4. Parole (sometimes called Humanitarian Parole or immigration parole)

A new U.S. president has the power to end temporary forms of status. In some cases, this may take a few months or longer. In other cases, the president may make changes that affect people immediately. It is impossible to predict exactly when or how immigration policies will change under Donald Trump’s second term.

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  1. Do you have a Green Card or US citizenship? If not, speak to an immigration lawyer or Department of Justice-accredited representative about your options to obtain a permanent immigration status. An immigration lawyer or accredited representative will assess whether you are eligible for permanent status. If you are eligible for a permanent form of immigration status, it is always recommended to pursue it, regardless of who is president of the U.S.
  1. Remember that only immigration lawyers and accredited representatives can provide you with legal advice. Beware of “notarios” or public notaries who are not authorized or qualified to provide legal advice. They will waste your time and money and can put you and your case at great risk. 
  1. Before you hire someone to help you with your case, ask them for their qualifications. Is the person an attorney or accredited representative? How much experience does the person have in immigration law? Click this link for more information on immigration scams. Also refer to this directory to find an authorized legal service provider that may be able to assist for low or no cost. 
  1. All people living in the United States have certain basic rights under the U.S. Constitution. People with temporary immigration status have these rights, too. Know your rights and do not be afraid to exercise them when interacting with the police or with Immigration & Customs Enforcement (ICE) officers.   
  1. If you are stopped or questioned by the police or by an immigration officer, remember that you have the following rights: 
  • You may refuse to speak with law enforcement. You do not have to state where you were born or how you entered the U.S.  
  • If you are not a U.S. citizen and an immigration officer requests your papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent. 
  • You have the right to speak with a lawyer.
  • Before you sign anything, talk to a lawyer.
  • Carry a Know Your Rights card and show it if an immigration officer stops you.

Need more information or assistance? Visit the Immigration Advocates Network for a list of affordable immigration legal services.

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