Donald Trump will take the oath of office on January 20, 2025. Once he assumes power, he has promised wide-ranging changes to our country’s immigration system. These include mass detention and deportation, a return to the “Remain in Mexico” policy, ending parole programs and Temporary Protected Status, and a renewed travel ban (a/k/a the “Muslim ban”).
In the weeks before Mr. Trump takes charge, what should asylum seekers and immigrants be doing to get ready?
First, it is important to remain calm. This is, of course, easier said than done. But there are a few things to keep in mind about the new Administration. Most importantly, you should remember that the President’s authority is not absolute. He can make regulatory changes to interpret the law, but he cannot change the law without Congress. Also, regulations can be challenged under the Administrative Procedures Act, which basically prevents a government agency from making rules that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The APA came into play during the first Trump Administration and helped limit the damage.
Aside from potential legal challenges, much of the Trump agenda will be difficult to implement due to logistical and practical constraints. It is not easy to find “illegal” migrants, and tracking people down will require significant resources. To detain people requires detention space, which is limited. Deporting people is expensive (the average cost to deport just one person is $19,599). Also, there will be significant public resistance to mass deportations.
For these reasons, Mr. Trump’s deportation agenda is likely to move more slowly than he and his allies would like. This is not to say that things won’t be difficult, but we need to be realistic about what the new Administration can achieve, and not panic over the future President’s frightening rhetoric.
In practical terms, there are steps that asylum seekers and other migrants can take to protect themselves. Here are a few ideas:
Be Prepared: Fortune favors the prepared, and it is important to get ready. Make sure you have a copy of all your documents, including documents you sent to the U.S. government and documents that the U.S. government sent to you. If you are missing documents, you can obtain them through a Freedom of Information Act request to USCIS or to the Immigration Court.
If you have documents, keep a back-up copy available and accessible (maybe saved in your email or Drop Box).
Also, if you have a pending asylum case, gather all your evidence and be ready for an interview or court hearing. During President Trump’s first term (and prior to Covid), the Immigration Courts issued a record number of decisions in asylum cases. While denial rates increased, in absolute terms, the courts granted more asylum applications than ever before. If case processing speeds up after Mr. Trump returns to the White House, it is important to be ready, as that will increase the likelihood of a positive outcome.
Work Permits: If you do not have an Employment Authorization Document (EAD) and are eligible to apply, it is a good idea to do so now. In general, asylum seekers are eligible to file for their EAD 150 days after their asylum application, form I-589, was received by the U.S. government.
If you have an EAD and are eligible to renew, you should do that now as well. Per the I-765 instructions, USCIS recommends that you file to renew no more than 180 days before the current card expires, and that is how I have always done it. However, at least one reliable non-profit–the Asylum Seeker Advocacy Project–advises that anyone with a two-year EAD file to renew immediately, so they hopefully receive the five-year EAD, which USCIS has been issuing since October 2023. Also, ASAP recommends that if your EAD expires prior to 2028, you file to renew now, in the hope that you will get a new card and extend the period of work eligibility. ASAP sensibly points out, “even if you do not receive your 5 year work permit before the new president makes changes, it may be helpful to have a work permit application already pending [since] certain policy changes might only apply to people who apply after the changes are announced.” Again, I have never applied earlier than 180 days before the current EAD expires, but ASAP makes a strong argument, and the worst case scenario is that the EAD application is denied and you lose the filing fee. In the best case, you will receive a new EAD and have an extended period of employment eligibility.
Other Applications: It may be worth exploring whether you are eligible to obtain a Green Card based on family, employment or for some other reason. If you are in Immigration Court and you have been in the U.S. for 10+ years and have certain Green Card or U.S. citizen relatives, you may be eligible for Cancellation of Removal. In short, if you think you have alternatives to asylum, it is worth sitting down with a lawyer to explore your options.
Have a Plan: Finally, while we hope for the best, we must prepare for the worst. Have a plan in case you are detained or deported. Make sure a trusted family member or friend has access to your immigration documents and other important papers. Have a plan for your assets and property, and for children and other vulnerable family members. If you have a lawyer, make sure you have the lawyer’s contact information easily accessible and that your loved ones have that contact information as well.
I expect that asylum seekers and other non-citizens will face difficulties in the months and years ahead. However, I also expect that our nation’s asylum system will endure, and that those who are prepared for the hardships will be better positioned to remain safely in the United States.
Tom Homan Warns Migrants to ‘Self-Deport’: ‘We Know Who You Are’
Homan added that he was “all for” the self-deportation of migrants living in the U.S. illegally who were not criminals or gang members.
“But for those others, the noncriminals, you wanna self-deport, I’m all for it because when you self-deport, they can put everything in order—their family business, if they got homes or whatever. They can put all that in order and leave with their family all together,” he said.
https://www.newsweek.com/donald-trump-tom-homan-immigration-self-deport-1984187
so now they are trying to push people to deport themselves promising them to give them time to sell their cars and houses if they got instead of being arrested by ICE and be sent home in 2 weeks and losing everything they have in the US? wow just wow !!! very smart but very heartless as well.
Hi Jason,
Thanks for everything you do.
I know there are many things being passed around through the grapevine and there may be some fear mongering but there are some things that are clear.
1. Stephen Miller, Tom Homan and Matt Gaetz are going to lead the effort. We still need to know who is the USCIS and CBP chief but they will be hardline.
2. There is a rumor of a 3 prong approach – deport illegal immigrants, make legal immigration tougher by using bureaucratic tools and executive orders and also review older petitions especially that were granted under Biden. Stephen Miller has confirmed a turbocharged denaturalization as well – and I suspect the ones granted under Biden would be the first ones.
3. There are rumors of using AI and other tech tools to assist in reviewing and flagging petitions and cases. Elon and other tech titans would be helping. Also, the people fired under DOGE by Elon would have 2 years to find another job (per Elon) and there are rumors that these people would be shifted to ICE/USICS to deal with immigration for those 2 years as their agencies are shuttered.
4. Expect TPS, various EADs, F1 OPTs and such other discretionary programs to be curbed. Stephen Miller has spoken against this. Travel ban would be back as well.
5. The biggest of all – I do not expect democrats and liberals to fight back as strongly as 2016. They have realized that they have been stuck in a minefield called immigration and their core voters have been dismayed by what happened in the last 4 years. News such as immigrants getting free housing and debit cards in NYC does not go well. I think they would also want to get rid of the immigration problem but rather have Trump and Miller do it, so that they get to virtue signal and blame them so that can get back in the game 4 years later.
oh and I forgot to mention the biggest of all. Trump has said in several rallies and interviews that he will be declaring the illegal immigrants as invasion which will enable him to use the Alien Enemies Act of 1798. This will remove all judicial review and any one who defies the orders will be seen as aiding an invader/enemy. JD Vance has also suggested that they will be making undocumented immigrants life extremely hard by employment fines, heavily controlling remittances using money laundering laws etc which will lead to self deportation. Who knows how much of that is true and will be actually done. But thank you Jason for keeping everyone sane
Hi Jason, I have pending asylum and I’ve been thinking about getting master’s degree, can I get F1 status?(only have pending asylum, no other status). If not, what status will I be in?
Hello Jason. Been following your blog for quite a few years and really appreciate your work and support. Me and my wife have been waiting for asylum interview for almost 9 years but 2 years ago my wife’s employer started eb3. Supposedly her perm will be completed in about 9-10 months and we can file i140. Do you think Donald Trump can mess eb3 as well? Hopefully no but he did it already for us in 2018 with asylum cases priority.
I doubt we will see negative changes to employment-based immigration, but we will have to see. Assuming the I-140 is approved, it may be difficult to get your green cards without leaving the US, and you will need to be careful about that. I wrote something about this issue on August 28, 2018 and September 6, 2018, but you would want to talk to a lawyer about that to have a plan. Take care, Jason
https://www.vanityfair.com/news/story/jack-smith-reportedly-stepping-down
Does that make you scared ? is america sliding to dictatorship ?
Those who are familiar with how democracy deteriorates are concerned about what to expect in the next administration and so am I. Take care, Jason
Hello Jason,
Thaanks for the post. What about someone who has green card and should be applying for citizenship in April. Any anticipated changes/ challenges?
I think it would be a good idea to do a FOIA and get a copy of your file if you do not have that. You need to be sure that your N-400 (citizenship application) is consistent with prior forms (I-485 and I-589), as I expect the Trump Administration to pay close attention to naturalization cases to look for inconsistencies, which they will interpret as fraud. Also, we will likely see more delays processing cases at USCIS in general. Otherwise, I do not think there will be changes in this area and you should be fine. Take care, Jason
Hi Jason,
1. Have you written anything about GC/Naturalization interview for Asylees Basically, what will be the interview like?
2. Have you had any asylum approved cases referred to court again during the GC or Naturalization interview?
3. Is it good to have my lawyer with me for those interviews?
I was granted asylum earlier this year in August and waiting for early next year to file my GC.
Thank You for all you do!
Hello Jason,
I hope you’re doing well, and thank you for all your help. I have a quick question about filing a lawsuit against the asylum office for failing to take timely action on my case. This hadn’t crossed my mind until a friend of mine did it. He received an interview notice within a couple of months and was granted asylum a week after his interview. I know at least six people who have also filed lawsuits and successfully received interview calls within months, followed by grants of asylum weeks later. These individuals, however, were in a different state with a different asylum field office than mine.
I spoke briefly with my attorney, who mentioned that every circuit/area of the country is different. Specifically, in our circuit (the First Circuit), a mandamus action—what I believe my friend’s lawyer used—is generally not successful for getting an interview scheduled. My attorney noted that they have used mandamus effectively to obtain a decision after an interview, but not to prompt an interview itself.
I’m unsure whether my friend’s case followed the path my attorney described. Apologies for the lengthy message, but I’m interested in exploring the possibility of filing a lawsuit. Do you think my attorney might be overlooking anything?
Thank you!
I do not know why a mandamus would not work in your area. The Boston office is one of the worst (next to NYC) in terms of approval rates, but it is backlogged like every other office. I know some offices (such as LA) have a mandamus backlog, and even those who succeed on a mandamus case still wait a year or two for an interview, but I have never heard about a mandamus not succeeding in the First Circuit (or anywhere else). Maybe there is some case law on that point that I do not know, but I guess you can ask your lawyer for further explanation, or seek the opinion of a different lawyer in your area. Take care, Jason
Thank you, Jason! Do you have happen to have any recommendations of lawyers based in Boston who you think can do a good job with this?
Trump’s ICE chief to Pritzker: ‘Game on’ in immigration policy clash, vows enforcement
In an interview on conservative Charlie Kirk’s podcast, Tom Homan responded to Pritzker’s statement, in which the governor declared, “If you come for my people, you come through me.”
Homan replied, saying in part:
“Game on. We’ve got no problem going through him. I’ve got 20,000 men and women in ICE who are going to do their job with no apology,” Homan said. “And if any governor wants to stand in the way, go ahead and do it. We’ll see what happens. We’re not gonna be intimidated.”
https://www.fox32chicago.com/news/tom-homan-jb-pritzker-immigration-vows-enforcement?fbclid=IwZXh0bgNhZW0CMTEAAR2IuK7CLseoYeEBxWEYjCJ1MPVv7W2OdXjcDVEdmmhhQPDSZqmdhHVE8c4_aem_K2KYjkl4bYYtWtHZSDrywA
It is going to be interesting and dangerous to see how the federal-state dichotomy plays out in states that do not support the mass deportations agenda. If local authorities are not cooperating, it will reduce ICE’s ability to deport people. And 20,000 ICE agents is not a lot when compared with 11+ million people who are allegedly deportable, plus many millions more who oppose these policies. Take care, Jason
Jason, we can’t thank you enough. I’ve been waiting over 10 years without a preliminary interview, while my wife and three kids are back home. My requests to expedite the interview have been denied four times. Though I’ve managed to establish a decent life here with a stable job and a home, it all feels empty without my family, and I’ve never had a genuine joy though I always I try to stay grateful because at least I am safe and protected here, but with the current situation, my frustration is mounting. My biggest question is, in which category will I be assigned? Am I undocumented and illegal even if I have applied for asylum 9 years ago, working legally and paying tax? Am I considered illegal because my asylum didn’t got approved yet? I bet this is a question of many others as well. Thank you again for everything.
We do not know for certain, as terms like “illegal” and “undocumented” are not part of any law – they are just terms used by non-lawyer and they do not have precise meaning in the law. I do think asylum seekers have some protection. The law allows a person to file for asylum, and only Congress can change that. Also, I do not think people in the eternal asylum queue will be the first target for the new Administration. If the border really is shut down, it is possible that asylum cases will start to move more quickly, so make sure you are prepared to do your case. Also, you might talk to a lawyer about a mandamus lawsuit – that is where you file a lawsuit against the asylum office in order to force them to give you an interview. Take care, Jason
Hi Jason,
I’m truly amazed by your thoughtfulness and relentless dedication to help those in difficult situations. Your kindness often leaves me at a loss for words. I am not here to blame my own lawyer, but the reality is that I rarely get a response, despite having paid a substantial amount, no matter what questions I have. Yet, here I anlways come to dump out all my questions to you, receive a reply within 24 hours without paying a penny. You’re one in a million. The information you provide helps me understand the practical realities, stay calm, and prepare for the worst—all of which is invaluable advice. Thank you so much for that!
I just came to say thank you so much and noted that I’ll be prepared for the worst!!
Thank you for the kind words. To be fair, it is easier to answer questions here than from my own clients, where I need to look up the file, remember what’s going on, etc., before answering. Take care, Jason
Hi Jason. I am Asylee and i brought my family by i730 to USA. My son is green card holder and he did marriage from my home country last year and filed i130 for his wife in September 2024. She is in our home country. We check status weekly but no new update. We check online on uscis and it shows a long time. So by your experience how much more it will take time to be approved with USCIS? and then move to NVC?
The processing time for that seems very long (I checked recently and I think it was more than 4 years). I do not think it will take that long, and I think most such cases have been processed in 1 to 2 years (though some countries may have longer wait times). Consular processing seems to take less than a year for most people, at least that is what I have seen – I do not much consular work, and so I am not sure about this, but it is what I have observed to date. How Trump will affect all this, we will have to wait and see. Take care, Jason
Hi,
I truly appreciate all the information and perspective you share on this platform. It has served to keep some of us appraised on what is going on.
My family and I are waiting on our Asylum interview, it has been three years now and counting. We have our EADs and all but can’t help feeling uneasy now that Trump is back. It feels as though it’s a vengeful crusade against anyone who isn’t a citizen really. Our EADs are valid to 2029, do we need to file for renewal early? Can they deport someone who has already filed and has been waiting on the interview?
I do not think there is much point in renewing the EADs, as they are good for 5 years, but I suppose technically, you could do that, as described by ASAP. We do not know what the new Administration will do, but I think asylum seekers will not be the main target. The law allows people to seek asylum and Congress would have to change the law in order to end asylum. This seems unlikely. I do imagine they will try to make it more difficult to win, but they did that last time with mixed results. In short, we will have to wait and see, but it is a good idea to get your case ready, so if an interview is scheduled, you are prepared. Take care, Jason
…anyone successfully filed as a divorced spouse? Collecting bits and pieces to see what to be prepared for, thank you!
To file a nunc pro tunc? I believe we have done such cases for a spouse who divorces an asylee. It is possible under the law, though the process for all nunc pro tunc cases is slow. The last one we did took about 2 years, if I remember correctly. Take care, Jason
Hello Jason,
Thanks for all your help that you are providing for the asylum seekers. I am a PhD student studying in one of the universities here in the US and I am on F1 visa, and few months after arriving to the US I decided to apply for asylum because I am facing a well founded fear if I return back to my country of origin after finishing my studies.
After applying for asylum I did receive the biometrics appointment from USCIS which I completed and provided my biometrics to them and I am currently waiting for them to schedule my asylum interview. However, currently I am still paying a hefty amount of tuition fee because the university is charging me the international student fee. Do you think I can be considered a local and not international based on the fact that I have a pending asylum case? If yes do you suggest if I speak with international student’s office in my university and disclose with them the fact that I am an asylum applicant, that way they can at least charge me the tuition that they take from locals (American citizens and permanent residents) and not the one that they charge the international students which is way too high.
I would really appreciate if you share your valuable insights on this matter because at the moment I am facing extreme financial difficulties and I can’t apply for jobs outside university because I haven’t received a work permit from USCIS after applying for asylum and my F1 visa is very restricted which is not allowing me to work outside the university campus.
Thanks,
Sammy
Hi Sammy, I don’t that’s a possibility since you haven’t been granted a status as of yet. Most schools in US are for-profit organizations. They want your money. Try Mission Asset Fund (MAF) loans for immigrants. They also help with immigration fees. Good luck!
I am not an expert on this, but as far as I have seen from my clients, they only pay in-state tuition if they win asylum. They cannot get in-state tuition just by applying for asylum. However, these rules may vary by state and by university, and if you are comfortable speaking with the university about your asylum application, I think it would be worthwhile to see if they can help you. Also, for people with a student visa who are facing financial hardship, I believe it is possible to get a work permit to work outside the university, at least part time. You can ask the university about that too (or if you do not want to tell them about your asylum status, you can ask only about the work permit). Take care, Jason
It is comical how Trump supporters put the blame of their misfortunes on illegal aliens. Illegals comprise only 2-3% of US populations and 99% aren’t criminals as Trump misrepresents. In 2018, the illegal immigrant criminal conviction rate was 782 per 100,000 (0.782%), and 1,422 per 100,000 native-born Americans. As if the demonizing and removing these unfortunate individuals will somehow fix the economy and the quality of their lives.
Thank you for the honorable work, Jason!
Agreed – but even if Trump could deport every single “illegal,” they would just find some other group to blame. It is much hard to look at oneself, and much easier to blame others. But without looking at yourself, nothing will every improve. Take care, Jason
Should asylum-based Green Card holder expect some sort of backlash? For example, can they be denied entry to the US as part of the ban? Is there a world where the new administration decides to strip them out of their GC or make it more difficult to apply for citizenship (like making the time period required longer like 10 years for e.g)
Thank you!
Hi Jake,
Jason will answer your question. My take is that you can’t be barred from entering with a green card simply because of the “ban”. They tried it last time and it failed so badly they had to revise the order multiples times. They cannot change the wait time to naturalize because this has to go through congress. They plan on passing on immigration reform and I sincerely doubt that even that can be retroactive.
I think that is unlikely and I expect that such people will not be a prime target. You will have to pay attention to any travel ban, as last time, it was confusing and even people with GCs were threatened. In the end, there was no effect on asylees or GC people, but we do not know how that will look this time around. I do think processing times will slow down, but beyond that, I don’t expect any effect on people with GCs or people with asylum (hopefully). Take care, Jason