Donald Trump has been elected President and the Republicans control both the House and the Senate. Immigrants are wondering, “What does this mean for me?” It means three main things:
1. There will be no major immigration reform in favor of immigrants for at least the next four years. No amnesty. No CIR. No Dream Act. Nothing like that. Trump will veto any major form of relief. DAPA is dead, and DACA is almost certainly going to be revoked. It is possible that there will be major immigration reform that makes the law stricter – an “enforcement only” law. This would NOT happen quickly. It takes time for Congress to make a law for the President to sign. If they are motivated, it could happen within the first year, but is very unlikely within the first few months.
2. The way cases are processed and decided will NOT change overnight. The President cannot fire all the current government employees and replace them. There are laws preventing him from doing that. So most of the people working on the cases tomorrow will be the ones working on the cases yesterday and their sentiments haven’t changed. They will continue with business as usual. So if your waiver case would’ve been approved yesterday, it will be approved tomorrow. In order for the President to change the procedures and do something like get rid of the Provisional Waiver program, he would have to go through an official rule-making process, which could take six months to a year.
3. Border enforcement will get more aggressive.
The best thing is to get your case filed and processed as quickly as possible before Trump and Congress have a chance to change laws and procedures. There is enough time if you do it now. If you are a permanent resident and are eligible to apply for citizenship, do not delay.
Helen represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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