As Donald Trump is about to take office, many undocumented immigrants are worried about being deported, constantly calling their lawyers and visiting law firms to seek advice on what to do next.
In an interview with a senior immigration lawyer, the immigration experience of Mr. Wu, a Long Island resident carrying a deportation order, was used as a case study to analyze key strategies for handling such situations. Mr. Wu and his family of four have been in the U.S. for nearly 10 years, working hard with his wife, owning property on Long Island, and their two daughters attending school locally. Unfortunately, both husband and wife were denied asylum by the immigration court, missed the opportunity to appeal, and now face deportation orders. Although they have lived peacefully for many years, they are now concerned about being expelled under the new Trump administration. Mr. Wu sought advice on what important steps to take from his lawyer.
Lawyer Meer Rahman, who represents immigration cases for clients in 51 cities in the U.S. and has been working with Chinese clients for 25 years, advised that they should immediately file a motion to reopen their case based on the new circumstances. He explained that this step is crucial to keep the case in a “pending” status where the government cannot carry out deportations, emphasizing the importance of ensuring that the government is informed about this status. It is essential to keep the deportation order in a “temporary stay of deportation” status by ensuring the case remains pending and providing valid reasons for the reopening.
After their initial court failure, Mr. Wu thought continuing legal proceedings would be very challenging, so he had not taken further action with a lawyer for a long time. In response to this, Lawyer Rahman said, “Of course, it’s difficult, but you have to try. If you don’t try, how do you know if your case will be reconsidered? But you have to prove this (that the case can be reopened).”
Rahman has successfully handled various complex immigration cases in the past, reversing the outcomes and preventing clients from being deported while gaining legal status. He mentioned that in his 25 years of experience, Chinese immigrants he encountered were hardworking and intelligent, contributing to the success of America through their efforts despite language barriers. These immigrants, he noted, love China but are unable to return due to differing opinions on national policies, and even if their original cases fail, there are many ways and reasons to remain in the U.S.
The Chinese manager at Rahman’s law firm also mentioned another method to prevent deportation, suggesting that having legal U.S. relatives or family members apply for temporary protection could help those with deportation orders or undocumented immigrants. Such temporary protection, though not leading to a green card, is considered a good approach to help individuals endure the next four years under the new government.
Some have heard that the New York City Mayor will collaborate with the U.S. Immigration and Customs Enforcement (ICE), prompting uncertainty on whether staying in New York or moving to California would be better. Lawyer Rahman stressed that any government in power would have many people deported; during the Obama administration, many were deported due to the need for federal funds in local and state areas, possibly requiring compliance with federal policies. Even if heading to California, unforeseen circumstances might arise, necessitating a return. Thus, the immediate priority is to quickly consult a lawyer for the next steps.