Welcome Back! 👋🏼

Dear Readers,

We’re thrilled 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 recent inauguration, there’s no been no shortage of activity, so let’s catch up on the recent policy changes and developments!

An Important 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 Agents Arrest Hundreds of Migrants in Sanctuary Cities, Including New York City

Federal law enforcement and ICE agents arrested over 500 undocumented migrants in sanctuary cities, including three in New York, many for serious criminal offenses like gang activity and sexual exploitation. These operations took place in cities like Boston, Philadelphia, and Seattle, and involved a growing crackdown under the Trump administration’s push for stronger immigration enforcement. The Justice Department threatened criminal charges against local officials who don’t cooperate, but New York’s Attorney General, Letitia James, argued that local authorities are not obligated to assist ICE and that some of the administration’s orders violate constitutional rights. New York City’s sanctuary policies prohibit city agencies from working with ICE unless dealing with criminal deportations, a stance defended by Mayor Eric Adams, who reassured immigrants they should not hide and should seek help when needed. However, some city officials, like Council Speaker Adrienne Adams, questioned the mayor’s commitment to defending immigrants and his relationship with the Trump administration. Meanwhile, in Newark, New Jersey, ICE carried out a controversial raid, detaining both undocumented immigrants and U.S. citizens, sparking strong local opposition from Mayor Ras Baraka.

What has Changed in Immigration Under Trump and What is Still Playing Out? Laken Riley Act Signed Into Law

In his first week as president, Donald Trump signed 10 executive orders focused on immigration, aiming for mass deportations and stronger border security. U.S. Immigration and Customs Enforcement (ICE) increased arrests significantly, with daily averages surpassing those during Obama’s presidency, partly due to expanded enforcement priorities under Trump. While deportations have increased, ICE’s use of military planes for removal flights and attempts at diplomatic pressure, like raising tariffs on Colombia, signal a harder approach to deportations. Several impactful policies, such as ending sensitive-location protections for arrests and threatening sanctuary cities, have begun, though their broader effects are still unfolding. Trump also halted programs that allowed migrants to enter the U.S. under permits, like the CBP One app and temporary permits for nationals from certain countries, while reinstating the “Remain in Mexico” policy for asylum-seekers. Meanwhile, the administration has suspended refugee resettlement and sought to halt automatic citizenship for children born on U.S. soil, though legal challenges are delaying these changes. Further, Trump has recently signed into law the Laken Riley Act, which mandates the federal detention of illegal immigrants who are accused of theft, burglary, assaulting a law enforcement officer, and any crime that causes death or serious bodily injury.

Trump Testing Limits of Presidential Power, but Experts Say His Flex Might Not Stick

In his second term, President Donald Trump has rapidly issued a series of executive orders aimed at implementing bold conservative policies, including ending birthright citizenship and federal Diversity, Equity, and Inclusion (DEI) initiatives. These orders, which also included pardons for individuals involved in the January 6th Capitol attack, have sparked legal challenges due to their unprecedented number and potential conflict with the Constitution. Legal experts, such as Stephen Griffin, suggest that while some orders may face significant legal obstacles, the political context, including a Republican-controlled Congress, could prolong these battles and potentially advance Trump’s goals. Trump’s aggressive executive actions are seen as a calculated attempt to make swift changes, despite the potential for lengthy legal disputes, as was the case with his earlier Muslim travel ban. Legal analysts like Sally Katzen warn that some of Trump’s executive orders, particularly those related to birthright citizenship, face strong legal challenges that may prevent them from standing, despite his political leverage. Recently, U.S. District Judge John Coughenour has blocked the Executive Order redefining birthright citizenship, calling it “blatantly unconstitutional. Only time will tell whether this, and other, policy change will stand in the long run.

Trump Immigration Raids Snag U.S. Citizens, Including Native Americans, Raising Racial Profiling Fears

Since President Trump’s crackdown on immigration, American citizens, including Native Americans and Puerto Ricans, have been caught up in ICE raids, with some being detained or questioned despite their citizenship. The Navajo Nation has reported incidents of racial profiling, with ICE officers questioning tribal members off-reservation, leading Navajo President Buu Nygren to urge citizens to carry identification. In Newark, New Jersey, a U.S. military veteran was detained during an ICE raid, sparking criticism from local leaders like Mayor Ras Baraka, who denounced the questioning of his military documentation. ICE’s heightened enforcement has led to an increase in arrests, even for individuals with nonviolent offenses or no criminal record, with concerns that profiling will intensify, particularly among immigrant communities and people of color. The Laken Riley Act, which is set to expand arrest criteria to include those merely charged with certain crimes, is seen as a step toward broader enforcement and increased racial profiling. As Trump’s mass deportation efforts unfold, immigration advocates emphasize the importance of knowing one’s rights, while local officials and cities continue to challenge the federal government’s actions, citing resource constraints and constitutional concerns.

White House says Colombia Agrees to Take Deported Migrants After Trump Tariff Showdown. Further, Trump Administration Revokes Deportation Protection for 600,000 Venezuelans.

The U.S. and Colombia clashed over the deportation of migrants, with President Trump threatening tariffs and other sanctions after Colombia’s President Gustavo Petro rejected U.S. military flights carrying deportees, citing concerns over how migrants were treated. Trump ordered retaliatory measures, including visa restrictions and a 25% tariff on Colombian goods, escalating to 50% within a week. However, the White House claimed victory, with Colombia agreeing to accept deportations, including U.S. military flights, while Trump withheld signing the tariff orders. Despite the tensions, Colombian officials declared the issue resolved, and President Petro reiterated Colombia’s commitment to receiving deported citizens under dignified conditions. The disagreement highlighted the strain in U.S.-Colombia relations since Petro’s leftist presidency, despite Colombia being a traditional ally. The episode also underscored the broader global impact of Trump’s immigration policies and the use of U.S. military resources in deportation efforts.

More recently, the Trump administration, through Homeland Security Secretary Kristi Noem, has revoked an extension of Temporary Protected Status (TPS) for approximately 600,000 Venezuelans, putting them at risk of deportation within months. This decision reverses a move by the Biden administration, which had extended TPS protections until October 2026, now reverting to expirations in April and September. Many Venezuelans, like journalist Caren Añez, fear returning home due to political persecution and economic instability under President Nicolás Maduro. The U.S. lacks diplomatic relations with Venezuela, complicating deportation logistics, and legal challenges are expected, as advocacy groups prepare to fight the decision in court.

USCIS Vaccination Requirements Update: COVID-19 Vaccination Waived

Starting January 22, 2025, USCIS will no longer require applicants for adjustment of status to provide documentation of the COVID-19 vaccination on Form I-693. This means USCIS will not issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) for failure to present proof of vaccination, and no applications will be denied on these grounds. However, applicants must still meet other general vaccination requirements for diseases like mumps, measles, rubella, polio, and others, as set by the Advisory Committee for Immunization Practices (ACIP). Civil surgeons will still assess vaccination status for these diseases during medical exams for adjustment of status. Refugees applying for adjustment of status will have health department physicians complete only the vaccination record portion of Form I-693. The CDC and HHS regulate these vaccination requirements, with the CDC issuing instructions for civil surgeons and panel physicians to follow during the medical examination process.

Client Q&A

Q. “Many of my family are worried about my case and situation over here in the US now that Trump is the president, mass deportation, etc. Do you think that I would have any trouble with the ICE coming for me or something related? Any precaution I would have to take? I’m a little concerned because I’ve heard they are stopping at job sites over here in the Hamptons looking for unlawful immigrants, etc.?” - a lawful permanent resident, originally from Brazil

A. Given the rapid pace of the Trump administration’s current crackdown on immigration, many of our clients and others are extremely concerned about themselves, friends, family members, etc., and how best to deal with Immigration and Customs Enforcement (ICE) agents if such an encounter occurs, please note the following: If you are stopped by ICE in a public place, you have the right to remain silent, and If you are stopped by ICE in a public place, you also have the right to remain silent. Also, If ICE attempts to search your belongings, you can calmly tell them that you do not consent to a search. If they are detaining or questioning you, ask if you are under arrest. 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. You can stay silent or ask them to show you a judicial warrant before engaging with them.

Q. “I recently read that with Trump coming into office, the green card process will be changing?” - A conditional (2- year) lawful permanent resident from China

A. To date, we have not seen any evidence that the new Trump administration is proposing any changes to this methodology.

Q. “With all immigration searches happening by ICE, do you recommend my mom (a greencard holder) carry her actual greencard with her in case she’s asked for ID on the streets? And if no, is a copy of the card enough? I don’t want her to carry her actual greencard to avoid getting lost etc.” - a naturalized citizen from South America

A. We believe the safest methodology is for her to carry a copy of the green card when outside the home if she doesn’t wish to take the actual card. 

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