Under the Trump administration, the United States witnessed one of the most restrictive and aggressive immigration enforcement periods in modern history. From dismantling the Deferred Action for Childhood Arrivals (DACA) program to narrowing asylum eligibility and escalating ICE activity, the federal government’s actions created widespread fear and legal vulnerability among immigrant communities. Even legal immigrants were caught in the crosshairs—facing prolonged visa delays, increased denials, and confusing changes in documentation requirements.
In a state as diverse as New York, where immigrants form over 20% of the population, attorneys play a pivotal role in defending the rights, dignity, and futures of these individuals. This article examines the legal strategies NYS attorneys can deploy to represent immigrant clients in the wake of restrictive policies, with a focus on deportation defense, asylum, DACA, family-based petitions, and naturalization.
- Deportation Defense and Removal Proceedings
Deportation rates increased dramatically under Trump, with ICE conducting raids in homes, workplaces, and even courthouses. Many immigrants were detained without criminal convictions, and even long-time residents were suddenly at risk.
Attorney Strategies:
- Master Calendar and Merits Hearings: Attorneys must prepare clients thoroughly for both types of immigration court hearings. Building a detailed factual record and submitting strong supporting evidence are crucial.
- Cancellation of Removal: For long-term undocumented residents, lawyers can file for cancellation if clients meet criteria such as continuous presence, good moral character, and hardship to U.S. citizen family members.
- Bond Hearings: NYS attorneys should be ready to file bond motions to secure clients’ release from detention and argue that the client is neither a flight risk nor a danger to the community.
- Motions to Suppress Evidence: If a client was detained due to unconstitutional conduct (e.g., racial profiling), attorneys may file motions to suppress and terminate proceedings.
- Asylum and Humanitarian Relief
The Trump administration narrowed the grounds for asylum significantly—excluding victims of gang violence or domestic abuse and implementing “Remain in Mexico” policies. Many asylum seekers were returned to danger or forced to navigate complex legal procedures while detained.
Attorney Strategies:
- Detailed Affidavit Preparation: Asylum success often hinges on the client’s narrative. Attorneys should conduct trauma-informed interviews and draft compelling declarations.
- Country Conditions Evidence: Lawyers should include up-to-date human rights reports and expert declarations to support the fear of persecution or torture.
- Alternative Relief: If asylum is unlikely to succeed, consider other forms of relief such as withholding of removal or Convention Against Torture (CAT) claims.
- Appeals and Federal Litigation: Many denied asylum claims can be appealed to the BIA or federal courts, especially if legal errors were made by immigration judges.
- DACA Advocacy and Renewal Support
Trump attempted to end DACA, putting over 600,000 young immigrants at risk. While the program was restored by court order and then stabilized under the Biden administration, DACA remains vulnerable to litigation and political shifts.
Attorney Strategies:
- DACA Renewal Clinics: NYS attorneys should run regular legal clinics to assist eligible clients with renewals, especially those with work permits nearing expiration.
- Screening for New Relief: Many DACA recipients may now qualify for other legal pathways like marriage-based residency, U-visas, or employment-based green cards.
- Emergency Advance Parole Applications: For humanitarian or educational travel, attorneys can guide clients through the advance parole process to facilitate safe travel and potential adjustment of status.
- Federal Advocacy: Attorneys can partner with advocacy groups to push for a permanent legislative solution for Dreamers.
- Family-Based Petitions and Adjustment of Status
The Trump administration made family reunification more difficult by lengthening wait times, expanding public charge rules, and adding layers of security checks. Many NYS families found themselves separated or stuck in limbo.
Attorney Strategies:
- Waivers of Inadmissibility: If a client has unlawful presence or criminal issues, attorneys must be skilled in filing I-601 or I-212 waivers, supported by compelling hardship documentation.
- Consular Processing Guidance: Clients adjusting status through a consulate abroad need thorough preparation, including a pre-interview checklist and country-specific documentation requirements.
- Reunification for Humanitarian Parolees: For families affected by the Afghanistan or Ukraine crises, attorneys can assist in humanitarian parole and reunification petitions under special policies.
- Marriage Fraud Defense: In cases where USCIS challenges the legitimacy of a marriage, lawyers should prepare documentary proof and third-party affidavits to rebut fraud allegations.
- Naturalization and Citizenship
Even legal permanent residents faced delays and heightened scrutiny under Trump, with the naturalization process becoming more adversarial. Legal immigrants often hesitated to naturalize for fear of drawing attention to past infractions or benefit use.
Attorney Strategies:
- N-400 Application Review: Attorneys must conduct comprehensive background checks to identify red flags like tax issues, travel history, or prior arrests.
- Disability Waivers and Language Exemptions: Older immigrants may qualify for testing exemptions under the “65/20 rule” or disability waivers; lawyers should prepare strong medical documentation.
- Appealing Denials: If an application is denied, clients have the right to a hearing under INA 336(b); attorneys can present new evidence and clarify misunderstandings.
- Good Moral Character Representation: When moral character is questioned, lawyers should present rehabilitation evidence, character references, and explain context for past conduct.
- U-visas, T-visas, and VAWA Relief
These humanitarian relief options are available to crime victims, trafficking survivors, and abused spouses of U.S. citizens or green card holders. Under Trump, processing backlogs grew, and RFEs (requests for evidence) became more common.
Attorney Strategies:
- Coordinating with Law Enforcement: Attorneys can work with local police to secure U-certifications required for U-visa applications.
- Addressing RFE Challenges: Lawyers must respond to RFEs with clear timelines, psychological evaluations, police reports, and supporting affidavits.
- Preparing for Derivative Family Petitions: When clients qualify, their spouses and children can benefit as derivatives; proper documentation is key.
- Expedited Processing Requests: For clients in danger, attorneys can file humanitarian parole or expedite requests based on medical or safety concerns.
- Combating Immigration Delays and Denials
One of the lesser-known Trump-era tactics was using bureaucratic inertia as a form of denial. Processing times for visas and green cards ballooned, leaving many in legal limbo.
Attorney Strategies:
- Mandamus Lawsuits: Attorneys can file federal mandamus actions to compel USCIS or consulates to act on long-delayed cases.
- FOIA Requests: To uncover the reasons behind delays or denials, attorneys can request clients’ immigration records from USCIS, ICE, and CBP.
- Refiling or Reopening Denied Cases: Some denials were procedurally flawed; attorneys may file I-290B motions to reopen or reconsider.
Conclusion
The damage caused by the Trump administration’s immigration policies was profound and personal. In New York, where immigrant contributions are foundational to society, attorneys have a critical responsibility to protect clients from injustice, fear, and family separation.
Through rigorous legal advocacy, strategic litigation, and client-centered support, NYS attorneys can reverse the long-term consequences of anti-immigrant policies and help build a legal framework that reflects the values of fairness and inclusion. The path forward demands vigilance, compassion, and deep legal expertise—but it is one that can and must be taken.
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