Navigating Immigration Policy Changes: Rights, Enforcement, and Legal Resources

Changes in immigration policy can have significant consequences, including delays in visa processing, increased denials, and shifting enforcement priorities.

Changes in immigration policy may have significant impacts. Policy changes may result in delays or suspensions in visa appointments and issuances, increased Requests for Evidence, and denials from U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection. Immigration officials may deny entry to asylum seekers. Individuals with Temporary Protected Status may lose protections and work authorization. Rapid changes to policies and enforcement may add to the uncertain environment.

Immigration enforcement falls exclusively within the authority of the federal government. Decisions on who can enter and remain in the United States (U.S.), whether to detain or release a person without status, which non-residents can work and under what circumstances, and when a non-resident’s presence in the U.S. is, or is not, a crime involve a complex set of federal laws and regulations.

Constitutional, federal, and Maryland State laws control when State and local law enforcement can provide information or assistance with immigration enforcement and when such assistance is prohibited. State and local law enforcement officials may not generally inquire as to an individual’s immigration or citizenship status. They are also prohibited from using immigration status as a means of intimidation or coercion and are prohibited from transferring individuals into the custody of federal immigration authorities unless specifically required to do so by law. The guidance memorandum Local Enforcement of Federal Immigration Law: Legal Guidance for Maryland State and Local Law Enforcement Officials issued by the Maryland Office of the Attorney General sets out principles State and local law enforcement agencies (“LEAs”) should follow when considering whether to engage or assist in immigration enforcement or in interactions with federal immigration officials.

To help you understand this area of law, we have compiled the following list of resources:

What is asylum?

Asylum is a form of protection available to anyone at risk of serious harm in their home country who must leave in search of safety in another country. Asylum allows an individual to remain in the U.S. instead of being removed (deported) to a country where he or she fears persecution or harm. To apply for asylum in the U.S., you must be physically present in the U.S. or be seeking entry into the U.S. at a port of entry.

Learn more about asylum.

What is Deferred Action for Childhood Arrivals (DACA)?

As the name suggests, Deferred Action for Childhood Arrivals (DACA) is a policy that allow the government to defer removal action of undocumented immigrant children who were brought into the country unlawfully by their parents. Under DACA, eligible immigrant children may avoid deportation for two-years. If approved, individuals are eligible for work authorization and thus can live and work in the U.S. However, deferred action does not confer any lawful immigration status.

Learn more about Deferred Action for Childhood Arrivals.

What is a deportation or removal proceeding?

A deportation, or removal proceeding, is a legal process in which the U.S. government seeks to remove a non-citizen from the country for violating immigration laws. These proceedings take place in immigration court and are overseen by an immigration judge.

Learn more about immigration court.

Who can represent you in an immigration case?

The law allows you to be represented in an immigration case by a licensed attorney, an accredited representative, a law student (or recent law school graduate) or a “reputable individual.” You have the right to represent yourself.

Learn more about representation in immigration cases.

What is an employment-based visa?

The U.S. maintains an employment-based immigration system that allows noncitizens to come to the U.S. to work. An employment-based visa is a legal document issued by the U.S. government allowing a noncitizen to enter and stay in the country after qualifying for a job position.

Learn more about immigration and employment.

What is U nonimmigrant status (U Visa)?

The U nonimmigrant status (U visa) is a legal status reserved for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of the crime. The U visa legal status is intended to protect victims of crime and strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes.

Learn more about immigration options for victims of crimes.

What is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status (SIJS) is a federal immigration classification that enables undocumented immigrant children who have suffered abuse, neglect, or abandonment to acquire lawful permanent residence in the U.S. Undocumented immigrant children who have suffered abuse, neglect, or abandonment can seek SIJS status when returning to their home country would not be in their best interests.

Learn more about special immigrant juvenile status.

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is an immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. TPS allows individuals from certain countries to remain in the U.S. if it is unsafe for them to return to their home country due to a humanitarian emergency there.

Learn more about temporary protected status.

How can I find help?

To help you understand your rights and navigate these challenges, we have compiled a list of trusted legal service providers who specialize in immigration law. Whether you need legal advice or assistance with your case, these professionals are here to help. Click on a link below to find legal service providers in your area.

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