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Deportation FAQs

With the tough stance that the Trump Administration has taken on U.S. immigration, it is important to become informed about deportation practices you might have to face. Trump’s “Enforcement Priorities,” which is contained in “Enhancing Public Safety in the Interior of the United States,” replaces the Obama era enforcement priorities. These new priorities are now in effect and will likely sweep more people into the deportation and detention system. In this blog, we answer some frequently asked questions about deportation that you might have.

Q:  Who is a primary candidate for deportation under the new policies?

A: The Interior Enforcement Memo identifies the following criteria to prioritize unlawfully present immigrants for deportation:

  • Illegal immigrants convicted of criminal offenses
  • Illegal immigrants charged with a criminal offense where the charge is “not resolved”
  • Illegal immigrants who committed “acts” that constitute a “chargeable criminal offense”
  • Those suspected of fraud or willful misrepresentation in their immigration cases
  • Immigrants who “abuse” any government benefit program

Q: How will the new deportation and detention goals be implemented?

A: Trump’s executive orders will build on the existing enforcement regime under the Obama Administration and will revive older policies created under the Bush Administration. The following are tactics that will be used by the administration:

  • Increased collaboration between local law enforcement & immigration agents
  • Expansion of  immigration detention facilities
  • Increased workplace raids
  • Increased ICE presence in local criminal legal systems
  • Increase in ICE Fugitive Operation teams
  • Increased Reentry Prosecutions & Immigration Related Prosecutions

Q: Who in the immigrant community is now at risk?

A:  People who are most at risk for deportation include:

  • People in detention or jail
  • People who have had contact with the criminal justice system
  • People with a final order of removal

Are you or a loved one facing deportation? Contact our San Jose team of immigration attorneys to request a consultation today.