Welcome Back! 👋🏼

Dear Readers,

We’re excited to have you back with us at the NawLaw Report, where we keep you informed on the latest news in the U.S. immigration world and bring you updates and announcements from the firm. With President Trump’s second term, there’s no been no shortage of activity, including various policy changes and several different ongoing legal battles. Let’s go through the rundown!

Critical Announcement from the Firm

With recent news about mass deportations and ICE raids in cities throughout the United States, such as New York, Newark, NJ, Chicago, Boston, etc., and sensitive places like schools, hospitals, and churches, we understand that many of you are feeling extremely anxious and uncertain. Please know that NawLaw is here to stand with you and your loved ones during this challenging time. You do have rights, and it’s essential to know them.

Here are a few key things you should keep in mind if confronted with such a situation:

•           If you are stopped by ICE in a public place, you have the right to remain silent.

o          You also have the right to ask if you are free to leave.

o          If ICE attempts to search your belongings, you can calmly tell them that you do not consent to a search.

o          If they are detaining or questioning you, ask if you are under arrest.

o          If the ICE agent responds you’re not under arrest, you can ask whether you are free to go and walk away.

•           If ICE knocks on your door when you are at home, you don’t have to answer.

o          You can stay silent or ask them to show you a judicial warrant before engaging with them.

o          A judicial warrant is a document signed by a judge, which specifies what they are allowed to search for and who they can arrest.

o          It’s important to remember that without a judicial warrant, ICE cannot enter your home or private areas unless there are emergency circumstances, like an immediate danger.

•           If ICE comes to your business, they may enter public spaces, like the lobby, without a warrant.

o          However, they cannot enter private areas, like offices or storage rooms, without a proper warrant.

o          If ICE presents a warrant, they may ask to inspect I-9 forms and search for undocumented workers. As a business owner, it’s important to ensure you have completed I-9 forms for all employees.

o          Remember, you don’t have to speak with ICE agents. If your business is raided, contact us immediately. We’re ready to help.

•           Finally, please remember the following:

o          You have rights, and it’s essential to stay calm and informed when interacting with ICE. Knowing your rights is important, but please, never resist or act aggressively. Stay respectful, even in difficult situations.

o          Never provide ICE with false identification documents, and never falsely claim to be a U.S. citizen – as that is a criminal offense. You have the right to remain silent and contact an attorney.

If you or someone you care about has been detained by ICE, don’t hesitate to call us at 212-964-9282 or email us at: [email protected]. We’re here to support you through this very challenging time!

ICE Arrests Top 5,500 in First Week of Crackdown on Illegal Immigration

The Trump administration has intensified its immigration enforcement efforts, with U.S. Immigration and Customs Enforcement (ICE) reporting over 5,500 arrests and more than 4,300 detainers issued within the first week of Trump's second term. ICE’s latest daily update announced 1,016 arrests and 814 detainers, as officials prioritize the removal of individuals with criminal records while emphasizing that any undocumented immigrant could face deportation. Trump’s "border czar" Tom Homan described the enforcement push as "unprecedented" but insisted that the administration aims for significantly higher deportation numbers. The latest arrests span multiple cities, including cases involving violent crimes and gang affiliations. Sheriff Kieran Donahue of the National Sheriffs' Association praised the crackdown, citing public safety concerns. Trump has signed several executive orders reinforcing border security and reallocating federal agents to immigration enforcement. While immigration experts note logistical and economic challenges to large-scale deportations, the administration remains committed to making immigration its top policy priority.

Federal Judge Blocks Trump’s Executive Order to End Birthright Citizenship

A second federal judge has blocked President Donald Trump’s executive order aimed at ending birthright citizenship, ruling it likely unconstitutional and in direct conflict with the 14th Amendment. U.S. District Judge Deborah Boardman issued a nationwide preliminary injunction, stating that the order contradicts long-standing Supreme Court precedent and over two centuries of American legal tradition. The lawsuit, filed by immigrant-rights groups and several pregnant women affected by the policy, argued that Trump's order would unlawfully deny citizenship to children born in the U.S. The judge emphasized the “irreparable injury” that would result if the order were allowed to take effect, noting that it would create uncertainty and instability for affected families. The ruling is expected to be appealed, potentially setting up a Supreme Court battle over the interpretation of the 14th Amendment. While Trump administration lawyers argued that the amendment was never intended to apply to children of undocumented or temporary immigrants, the judge dismissed that reasoning, asserting that the constitutional guarantee of birthright citizenship remains clear. Trump’s executive order, signed on January 20, sought to prevent the federal government from recognizing U.S. citizenship for children born on American soil to parents who are undocumented or in the country temporarily. However, with multiple legal challenges pending, the policy remains on hold as courts continue to deliberate its constitutionality.

Trump Administration Ends Temporary Immigration Program for Hundreds of Thousands of Venezuelans

The Trump administration has decided to terminate one of two Temporary Protected Status (TPS) designations for Venezuelan migrants, affecting hundreds of thousands of people in the U.S. Homeland Security Secretary Kristi Noem justified the move by citing concerns about migrant absorption challenges and criminal elements, despite acknowledging ongoing instability in Venezuela. The decision means that an estimated 350,000 Venezuelans who received TPS in 2023 will lose their work permits and deportation protections within two months of the official policy announcement. Venezuelans covered under an earlier 2021 designation will retain their status until September, but those protections could also be phased out. The move is part of a broader effort by the Trump administration to scale back humanitarian immigration programs, including protections for Cubans, Haitians, and Nicaraguans. While some Republican lawmakers have urged the administration to find a solution for Venezuelan TPS holders, Trump officials argue that the program has been misused and extended beyond its intended temporary scope.

US Embassies Instructed to Prepare for Staff Reductions

The State Department has instructed U.S. embassies worldwide to prepare for staff reductions, affecting both American and local employees. This directive came just before President Trump signed an executive order titled "ONE VOICE FOR AMERICA'S FOREIGN RELATIONS," which strengthens the administration’s control over foreign policy staffing. The order could lead to significant restructuring, potentially cutting diplomatic benefits and even reducing the U.S. embassy presence in certain countries. It may also prompt reconsideration of U.S. membership in international organizations and diplomatic agreements. Legal challenges are expected, but existing laws give the secretary of state broad discretion in managing the foreign service. The administration has already placed many USAID employees on leave and fired contractors, sparking concerns among diplomats about operational capacity.

Trump Administration Sues Illinois and Chicago Over Immigration Policies, Plans to Sue New York Over Immigrant Driver’s License Law

The Trump administration recently filed a lawsuit against Illinois and the city of Chicago, arguing that their sanctuary city policies obstruct federal immigration enforcement. This marks the first federal lawsuit of its kind under Trump’s Justice Department, targeting state and local policies that limit cooperation with federal immigration authorities. The suit specifically challenges Illinois' "Trust Act," Chicago’s "Welcoming City Ordinance," and Cook County’s policy on ICE detainers, seeking to block their enforcement. Illinois officials, including Governor JB Pritzker, have vowed to fight the lawsuit, arguing that their laws comply with federal regulations and prioritize public safety. Chicago Mayor Brandon Johnson reaffirmed the city's commitment to remaining a welcoming place for immigrants, emphasizing that safety and security remain the priority. The lawsuit continues the long-standing battle between the Trump administration and sanctuary jurisdictions, with Chicago officials standing firm in their defiance.

The Trump administration also plans to challenge New York’s "Green Light" law, which allows undocumented immigrants to obtain driver’s licenses and restricts federal access to state motor vehicle records. U.S. Attorney General Pam Bondi announced a lawsuit against Gov. Kathy Hochul and other officials, arguing the law prioritizes undocumented immigrants over American citizens and is unconstitutional. New York officials, including Attorney General Letitia James, have vowed to defend the law, stating it enhances road safety and economic stability. The law, signed in 2019, allows immigrants to use foreign documents for identification but prevents licenses from being used for federal purposes.

ACLU Sues Trump Administration for Access to Migrants Detained in Guantánamo Bay, Sues Over Efforts to Completely Shutdown Asylum At the Border

The ACLU recently sued the Trump administration to gain access to migrants being detained at Guantánamo Bay, arguing that the government is unlawfully isolating them from legal counsel, family, and the public. The lawsuit challenges the administration’s plan to expand Guantánamo into a facility capable of holding up to 30,000 deported migrants, using the same site that previously housed military prisoners. The ACLU contends that migrants have the right to habeas corpus, legal representation, and due process under the Immigration and Nationality Act and the U.S. Constitution. The suit also argues that detaining migrants in secrecy violates their First and Fifth Amendment rights, cutting them off from communication and legal assistance. Legal organizations involved in the lawsuit claim that their own First Amendment rights were infringed upon by being denied access to their clients. The case highlights significant public concern over the legality and human rights implications of detaining migrants in an offshore military facility.

In a different case, the ACLU and other immigrant rights activists groups like the National Immigrant Justice Center, sued the Trump administration over a new proclamation aimed at completely shutting down asylum at the U.S.-Mexico border. The lawsuit challenges the administration’s use of the “212(f)” proclamation, which falsely cites an “invasion” as justification for overriding asylum protections granted by Congress. Advocates argue that the proclamation violates U.S. and international laws, endangering thousands of people who face persecution, torture, and death if denied asylum. Legal organizations stress that this move is an illegal power grab that dismantles humanitarian protections and weaponizes immigration laws for political purposes. The case was filed in U.S. District Court in Washington, D.C., with advocates vowing to fight until asylum seekers' rights are protected.

Client Q&A

Q. “I received a census paper from the US Census Bureau. Is it safe to fill out? Please advise. I just checked my mail, and the deadline is today.” - client

A. I don’t believe this will be prejudicial, although we can’t be certain given the recent aggressive approach to U.S. immigration being taken by the Trump administration.

Q. “Do DACA work permit/EAD renewals qualify for an automatic extension under current federal regulations?” - A client from Sri Lanka who is a DACA recipient

A. Unfortunately, DACA, or category C33, is not currently present on the Automatic Extension EAD List and, as such, does not receive an automatic extension. The USCIS Receipt Notice creates some misunderstanding, giving rise to this common question/inquiry. In short, DACA must be filed 150 to 60 days before expiration to avoid any disruption of employment and driving.

Q. “I had a green card as a very young child together with my parents – but they decided to return to Pakistan over 23 years ago and have not returned to the U.S. since. Is there any possibility that I can be reinstated as a lawful resident since I was a child when brought back to Pakistan? - client from Pakistan

A. Unfortunately, federal regulations do not permit you to claim lawful permanent residence status even though you were prejudiced by their actions as a young child.

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