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Opinion

Preparing for Trump’s mass deportations

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

Immigrants, especially those who are out of status, are fearful over Trump’s vow to carry out “mass deportations.” Although Trump states he will first focus on “high priority” cases, such as criminals, terrorists, people with past removal/deportation orders and others who pose a threat to national security, there is no guarantee that others (who are merely out of status) will also not be caught up in this mass deportation roundup.

The Department of Homeland Security (DHS) may carry out “expedited removal,” as well as raids in neighborhoods and workplaces. (Expedited removal lets immigration officers quickly deport individuals if they (a) entered the US without entry documents (such as a visa) and (b) have been in the US for less than two years. Such people could be detained and then deported without ever appearing before an immigration judge.)

If you are not subject to expedited removal, the US Immigration and Customs Enforcement (ICE) cannot simply pick you up, take you to the airport and put you on a plane back home. You would have the right to have a hearing in front of an immigration judge, where you can be represented by an attorney and present your defenses or claims for relief.

But still, preparing for mass deportation is almost like preparing for death: you have to make plans in terms of who will look after your children. If you own a home, who will look after the property?

The National Immigrant Justice Center published a flyer, providing guidance on how to prepare for Trump’s mass deportation, including several things you can do now to protect yourself and your loved ones:

Seek a legal consultation. Even if you are not presently threatened with deportation/removal, it is a good idea to consult with an attorney over your immigration rights, options and possible pathways for legalization. In addition, you can already line up an attorney just in case you are caught, there’s a knock on your door or you are placed in removal. The attorney could be on standby to fight for you.

Create a safety plan. Make sure you have your emergency contacts on speed dial or programmed into your phone, including your attorney’s contact number. If you have children in school, provide the school with an emergency contact number or person who could pick up your children in case you are picked up. Provide a written power of attorney or authorization to the emergency contact for them to make medical and legal decisions for your child. If you have young children, look into the possibility of guardianship and power of attorney.

Collect your documents in a safe place. Gather all your important documents such as documents related to your identity and entry into the US. Scan or take photographs of them in case the paper ones are lost or misplaced. Gather all the documents showing the length of time you have been in the US, such as tax returns, utility bills, leases, school records, medical records, bank records, etc. This is because many amnesties or forms of relief require a person to prove they have been in the US for certain amount of time.

Avoid immigration fraud. Only seek advice from an attorney or an “accredited representative.” You should not rely on consultants, notorious or immigration chat rooms. Don’t sign blank forms. If you are receiving advice that sounds too good to be true, get a second opinion before filing any immigration application. Filing for immigration benefits you may not be entitled to could result in a denial or even being placed in deportation/removal.

Be alert for digital/online scams. It is likely there will be several social media posts promising new or quick immigration relief. Or, you could receive an email claiming to be from DHS, seeking information or money. Be aware that DHS will never contact you via social media. If you receive an unexpected message or phone call from somebody claiming to be from DHS, do not respond or provide personal information, or wire any money as a “processing fee.” Instead, consult with a reputable attorney before filing anything.

I am fully aware of the fear and anxiety so many people are feeling, and I will continue posting information relating to your rights and things you can and should do for the upcoming Trump mass deportation era.

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WEBSITE: www.gurfinkel.com

Follow us on Facebook.com/GurfinkelLaw, YouTube: US Immigration TV and Instagram.com/gurfinkellaw

Four offices to serve you: Los Angeles; San Francisco; New York: Toll free number: 1-866-GURFINKEL (1-866-487-3465); Philippines: +632 88940258 or +632 88940239

DONALD TRUMP

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