President Donald Trump begins his second term, he has moved swiftly to enacted several executive orders aimed at reshaping U.S. immigration policy. Concurrently, the Laken Riley Act has been passed by Congress, introducing significant changes to immigration enforcement. These developments have profound implications for immigrants and their families.

 President Trump’s Executive Orders on Immigration

 On January 20, 2025, President Trump issued multiple executive orders focusing on various aspects of immigration:

National Emergency Declaration and Border Security: A national emergency was declared at the U.S.-Mexico border, leading to the deployment of military personnel to enhance border security and the resumption of border wall construction.

1. Termination of Birthright Citizenship: An executive order was signed to end birthright citizenship, aiming to prevent automatic citizenship for children born in the U.S. to undocumented immigrants. This action has already faced significant legal challenges.
2. Enhanced Immigration Enforcement: Policies limiting immigration arrests near sensitive locations, such as schools and hospitals, were rescinded, expanding the areas where enforcement actions can occur.
3. Mass Deportation Initiatives: The administration initiated large-scale deportation operations, with Immigration and Customs Enforcement (ICE) significantly increasing daily arrests.
4. Suspension of Refugee Programs: The processing of refugees was suspended for four months, affecting individuals seeking asylum in the United States.

The Laken Riley Act

 Named after a Georgia nursing student who was killed by an undocumented immigrant, the Laken Riley Act has been passed by Congress and is expected to be signed into law by President Trump.

 Key Provisions of the Act

 Mandatory Detention: The act requires federal authorities to detain undocumented immigrants accused of crimes such as theft or shoplifting, regardless of conviction status and without the possibility of bond hearings.

1. State Empowerment: It grants state attorneys general the authority to sue the federal government over immigration enforcement decisions, potentially allowing states to influence federal immigration policies.
2. Visa Restrictions: The legislation enables state officials to request that the State Department block visas from countries that refuse to accept deported individuals.

Protective Actions for Individuals

 In light of these policy changes, immigrants can take proactive steps to safeguard their families, property, and finances:

1. Prepare for Higher Scrutiny and Delays in Visa Processing: Applicants for visas abroad should anticipate longer wait times for appointments and additional security checks, potentially delaying their ability to travel to the U.S.
2. Expect More Requests for Evidence (RFEs) and Denials: Immigration applications and petitions are likely to face increased scrutiny, resulting in more RFEs and denials. Applicants should ensure all documentation is thorough and seek legal guidance if necessary.
3. Establish a Power of Attorney: Designate a trusted individual to manage legal, financial, and personal affairs in the event of detention or deportation. This ensures that minor children, property, and financial matters are handled according to your wishes.
4. Create a Child Care Plan: Develop a plan for the care of minor children, including designating guardians and ensuring they have the necessary legal documents to act on your behalf.
5. Secure Important Documents: Gather and securely store essential documents, such as birth certificates, passports, financial records, and legal papers, to ensure they are accessible to trusted individuals if needed.
6. Stay Informed: Regularly consult reputable sources and community organizations for updates on immigration policies and available resources.
7. Consult Legal Counsel: Seek advice from an immigration attorney to understand your rights and develop a personalized plan tailored to your situation.

By taking these steps, individuals can better prepare for potential challenges arising from recent changes in immigration policy. Our attorneys will continue to monitor for any updates in this rapidly changing landscape.

If you wish to explore what actions you can take prior, please email martin@essentiallegalplanning.com or olesya@essentiallegalplanning.com or call us today at (202)743-1656. Our dedicated team is here to support you every step of the way!

We speak: Russian, Mandarin, Kazakh and Spanish. 

 LEARN MORE:

 https://apnews.com/article/4011a282775d58d509d953a9830aa367 

 https://www.reuters.com/world/us/trump-homeland-secretary-joins-ice-new-york-immigration-crackdown-intensifies-2025-01-28

 https://www.jdsupra.com/legalnews/a-summary-of-president-trump-s-5513305