Navigating Immigration Challenges in the Trump Era

April 2017

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

175 Eileen Way, Syosset NY 11791

Subscribe to our monthly free legal updates, SHAUTSOVA’S UPDATE.

Follow our Blog Posts commenting on the latest developments in the immigration and civil rights world

http://www.workharassmentattorneys.com/ 

http://www.russianspeakinglawyerny.com

A pair of hands holding a detailed, colorful representation of the Earth against a dark background.

“Be the change that you wish to see in the world.”
― Mahatma Gandhi

NEWS Flashes

Immigration Issues Of Focus During The Trump Era

TPS Holders Can Adjust In The 9th Circuit (Alaska, California, Arizona, Hawaii)

Legally Speaking: Trump’s Newly Redacted Travel Ban

 7:05

Legally Speaking: Forms of relief still available under the Trump Administration

 6:23

Alena Shautsova uploaded a video 1 week ago

 2:51

Legally Speaking: A Short talk on the Rights of a Migrant Woman

Alena Shautsova uploaded a video 1 week ago

 5:56

Legally Speaking: Major Changes to I-130 Form

Will New York City Give Up Its Sanctuary Status?

Author: New York Immigration lawyer Alena Shautsova

A vibrant skyline at dusk featuring tall buildings, a bridge, and reflections in the water.

The Trump administration said on March 27, 2017 it would withhold federal criminal-justice grants from cities, counties and states that don’t fully cooperate with federal immigration authorities, a first strike in the new administration’s battle against so-called sanctuary cities. Attorney General Sessions reaffirmed this promise.

New York City Mayor Bill de Blasio said the city gets more than $7 billion a year in federal aid, and he’s threatening to sue the Trump administration if the federal government takes action against the city.

While Rochester, Kingston and Syracuse have embraced the definition of sanctuary city, cities like Yonkers, White Plains and Mount Vernon are taking a more cautious approach on how to balance state and local laws with the federal government’s edict. “We are definitely not a sanctuary jurisdiction based on that description because we do not willfully violate federal law,” said White Plains Mayor Thomas Roach. See http://www.lohud.com/story/news/politics/politics-on-the-hudson/2017/01/27/ny-cities-wrestle-sanctuary-city-status/97135200/.

There have been reports that NYPD cooperates with ICE regarding the criminal docket cases. It means that any immigrant who has an appointment date for his/her criminal case, now can be targeted by ICE due to criminal chargers that have not been resulted in any conviction. See http://nymag.com/daily/intelligencer/2017/02/nypd-union-head-cops-want-to-help-ice-deport-more-people.html . Although currently, NYPD does not enforce Federal immigration warrants, it may be changed after the threats of defunding.

It seems that there is tension between Mayor DeBlasio and the New York City Police Commissioner James O’Neill. DeBlasio refuses to honor Trump’s orders on cooperation with ICE. He has issued a directive ordering the NYPD to deny federal Immigration and Customs Enforcement agents access to school grounds unless they have a valid judicial warrant.http://nymag.com/daily/intelligencer/2017/02/nypd-union-head-cops-want-to-help-ice-deport-more-people.html. While O’Neill, seems not to be against such a cooperation.

For an immigrant (documented or undocumented) it means only one thing: to stay away from any courthouses as far as one can, and if one is facing criminal chargers, he/she should consult with an Immigration attorney ASAP.

We hope that New York City will stand with immigrants protecting family unity and common sense. New York State Bar Association organized a project to help those with limited funds to find immigration help: http://www.nysba.org/pbFellow/.

Solutions for Haiti TPS Holders

Author: Immigration Lawyer Alena Shautsova

A man in a suit standing in a small boat, shielding his eyes from the sun while looking into the distance, with blue sky and ocean waves around him.

On July 22, 2017 TPS for Haiti nationals is set to expire. It means that those who are holding TPS status will be deprived of its benefits and will face immigration challenges as if they were “undocumented.” They will no longer qualify for an advance parole or an employment authorization, or protection from physical removal. It is especially relevant to those holding orders of supervision.

The possible solutions for a person who would find himself in such a situation, will, of course, depend on one’s personal circumstances. Here, I will list a few scenarios that may be helpful to some.

If a TPS holder who entered the US legally or was paroled and now is married to a US citizen or has a US citizen child (21 and older) may be able to adjust and receive a green card in the United States. A TPS holder who did not enter US “legally” may still adjust his/her status to permanent residency if he/she resides in certain states. See: TPS Holders Can Adjust In The 9th Circuit (Alaska, California, Arizona, Hawaii). Also, a waiver of unlawful presence may be available for some.

A TPS holder may qualify for a U visa if he/she became a victim of certain crimes.

A TPS holder may be able to apply for asylum, withholding of removal or relief under convention against torture in certain situations.

A TPS holder may also qualify for cancelation of removal, if all other eligibility criteria are met.

When TPS status expires, unless the US government will announce a re-registration period and extends it again, a person will be considered “illegally” present in the United States. It is wise to think about your future and see how you can protect yourself form physical removal in case of ICE encounter after the expiration status. You can reach us at 917-885 2261.

What to Do If ICE Visits Your Home or Work

Author: Deportation Lawyer Alena Shautsova

Collage of different signs displaying the word 'ICE' in various styles and colors, some with icy effects.

[Text Wrapping Break]

With the Trump administration planning to deport millions of people, it is good to get prepared for an encounter with ICE officers. Many people wonder how ICE officers decide who to visit and who to check. While public does not have access to the specific information ICE officers are using when planning their raids, generally speaking, ICE would rely on “tips” and reports they receive from public or law enforcement. Apart from criminal and family courts, there are three main places one can meet ICE officers.

Home. Often, immigrants are people of modest means and it forces them to share their living space, sometimes with people they really do not know well. Sometimes, ICE people knock at the door looking for a specific person with a criminal background. Because ICE has a warrant for that one person, they may enter the house. Then, they start asking everyone they meet in the house about their Immigration status. Now, this is the time to use your rights and remain silent. You will have to provide your name, and perhaps date of birth, but no more than that, if you do not want to communicate with ICE without an attorney. You have to tell the ICE officers that you would like to remain silent and you would like to have an attorney. If you already have an attorney’s name and phone number, you should provide this information to ICE. Otherwise, ICE will provide you with the information about the free attorneys. Also, do not be shy to ask ICE if you are free to go, and if you are, you can go and leave the place. Do not, under any circumstances, provide false information. This will be used to aggravate your situation later, if you do.

Do you have to open the door if ICE knocks at the door? The answer is yes, but only if they have a valid warrant. It can be a stressful situation when the law enforcement is at your door steps and are ordering you to open the door, but you have a right to ask for the warrant and you should exercise it. The warrants can be for arrest or a person and/or for search of the premises. Now, if the warrant is for a search of a living space of a particular roommate, the law enforcement cannot enter or search (without a consent) a room of a person who is not specified in the warrant. This is important to know: if the officers (the police or ICE) are asking you if they can enter, search, take a look, etc.etc. you can say NO. They may return back with a warrant, but without a warrant and your consent, they cannot search the premises and containers. (There are some exceptions to this general rule). Most importantly, do not sign anything you do not understand what you are offered to sign, and do not sign papers you do not agree with before you consult with an attorney. (The papers may be an order of voluntary departure, a waiver of your rights, etc.)

Your work. A place of work can be raided because of a tip, a complaint, applications that were filed with USCIS… When ICE officers will come, they are likely to tell that all the workers must stay at their places, and have to provide them with their names, dates of birth, and identification documents and work authorizations. ICE must have a valid search warrant or the consent of your employer to enter non-public areas. You have a right to remain silent and have to let them know that you would like to remain silent. Do not try to run away. Chances are, you will be caught right away. Just like in the first example, you should state that you would like to be represented by an attorney. Also, you may choose to contact your consulate, and a person form the consulate will come to visit you and help you. However, consulate’s help is usually limited and mostly, they will offer you to come back to your home country or they may help finding a local attorney. Just like in the first point, do not sign papers if you do not understand them.

Public places. Finally, ICE officers may approach you in the streets. There were reports that ICE officer would come to people at the subway train stations, would ask them to identify someone on the picture they had, and then ask if a person they stopped had legal papers in the United States. In the United States, law enforcement cannot just stop you and start searching you without a warrant, your consent, or probable cause that a criminal activity is in progress. (There are some exceptions to the general rules, but the point is that the police or ICE cannot just simply starts checking everyone papers in the streets). The law enforcement may “pat you down” but only if they suspect you have a weapon. Not for any other reason. Do not be shy in turning down their offer of searching your belongings.

As you see, these tips are simple. Exercise your rights and be prepared in advance. Do not panic. If you are “picked up” you should try to contact your family members and/or lawyer as soon as you can. If you do not have an A number, you should ask for it and communicate that number to your family members/your lawyer. (It will make it easier for them to find you in case you are moved around). If would be a good idea to find an attorney you would like to work with in advance, and have a G28 form signed, because without this signed form, ICE officers often refuse to talk to lawyers, stating that they can speak only with an attorney who has a valid G 28. It means that a lawyer will first have to visit you in detention, and only then will be able to get a copy of your file and discuss your situation with the ICE officers.