Disclaimer: This advisory has been created by The Legal Aid Society, Immigration Law Unit. This advisory is not legal advice, and does not substitute for the advice of an immigration expert.
President Trump has issued various executive orders which threaten immigrant communities in different ways. Among those, one focuses on individuals within the United States, another on individuals apprehended at the border, and a third one banning refugees and others from countries deemed dangerous by the President.
There are three other draft orders, which have not yet been signed. Based on the drafts we have seen: one would end the DACA program and change priorities for removal, a second would change the way the receipt of certain government benefits affects immigrants and their sponsors, and a third would affect foreign workers.
NOTE: Some of the provisions in the various signed and draft orders may be beyond the power of the President or may be in violation of the Constitution. As a result, these may later be curtailed by the federal courts.
I. WHAT HAS ALREADY HAPPENED
Interior Enforcement Order Order (signed on January 25, 2017) and U.S. Department of Homeland Security (DHS) Implementing Memorandum (dated February 20, 2017)
Among other things, this order directs the federal government to:
In response to the Executive Order, DHS issued a memorandum articulated the following policies:
Border Security and Deportation Order (signed on January 25, 2017) and DHS Implementing Memorandum (dated February 20, 2017)
Among other things, the order directs the federal government to:
Order Excluding Muslims and Others (signed on March 6, 2017, to be effective March 16, 2017; expected to be subject to litigation; rescinds the January 27, 2017 Order Excluding Muslims and Others)
Order on Transnational Criminal Organizations and Trafficking (signed on February 9, 2017)
II. WHAT MAY HAPPEN SOON
DRAFT DACA, DAPA, and Enforcement Priorities Order (not yet signed, as of March 6, 2017)
So far, President Trump has indicated that young people who registered for Deferred Action for Childhood Arrivals (DACA) will not be an enforcement priority, meaning he is not seeking to deport people who have DACA. The draft we have seen has not yet been signed. The draft Executive Order, could end DACA. Among other things, the order would direct the federal government to:
DRAFT Order Affecting Recipients of Government Benefits (not yet signed, as of March 6, 2017)
We have seen only a draft of this Executive Order, which has not yet been signed. It would most immediately affect immigrants with sponsors. The current federal welfare law allows the government to charge affidavit of support sponsors for the cost of certain benefits received by the sponsored immigrant, but for the most part, this law has not historically been enforced in New York State. The Executive Order would direct the federal government to start enforcing the law by seeking to collect the cost of certain benefits from sponsors.
The Executive Order would also direct the issuance of new rules after a period of notice and comment. This means that the new rules would not go into effect immediately, and we would have time to prepare a response and advice for our clients to follow. These new rules would be about who is considered a "public charge" - under what circumstances someone who receives government benefits is at risk of removal or being denied admission to the U.S. The new rules would also redefine the list of which federally-funded benefits could put someone at risk of removal or being denied admission.
For a more detailed discussion, see this factsheet.
DRAFT Order Concerning Foreign Workers (not yet signed, as of March 6, 2017)
Among other things, the draft of this Executive Order, which has not yet been signed, directs the federal government to:
Temporary Protected Status (TPS)
Non-Citizens with Criminal Convictions
You Have Rights
If you have any questions or need assistance, please call our Immigration Hotline at 844-955-3425 on Fridays from 9:30am-12:30pm.
Download the Factsheet