On Monday, President Donald Trump was sworn in to his second term in office. By Wednesday, he’d signed a slew of terrifying executive orders and policy changes targeting immigrant communities. 

On day one, Trump declared a national emergency at the U.S.-Mexico border and signed an executive order to end birthright citizenship — an unconstitutional move that was immediately met with lawsuits from 22 states and two cities. The Department of Homeland Security gave customs and border patrol offices free reign to raid American schools and churches, and the application that enables migrants to make appointments to seek asylum in the U.S. went down, and all existing appointments were cancelled.

The announcements have caused a wave of fear and panic in immigrant communities across the country, and, of course, in Texas. “There are reports that Trump’s immigration raids may target San Antonio,” U.S. Rep. Joaquin Castro’s office said in a statement on social media. “We know from history that mass deportation raids can lead to the arrest, detention, and deportation of even American citizens. The Trump administration might say they’re just targeting criminals, but that’s not true. We need to prepare for them to target the most vulnerable people (including seniors).” 

To add to the fear-mongering and chaos, Texas Republicans followed Trump’s lead. U.S. Rep. Brian Babin, who represents Woodville, filed a bill on Tuesday that would “limit automatic citizenship to those born in the U.S. with at least one parent who is a citizen, a lawful permanent resident or an immigrant serving in the military,” according to a press release from Babin’s office (the full text of the bill is still pending on congress.gov).

We asked immigration attorneys like Ruby Powers, who is based in Houston, for guidance on how to prepare. “Cut through the chaos and figure out what is the most probable,” Powers told The Barbed Wire on Tuesday.

“When you look at the list of many of the executive orders that impact immigration, it is apparent why somebody, regardless of their status, who has a connection to an immigrant or a child of an immigrant, first generation could be concerned,” Powers, who has been practicing immigration law for more than a decade, continued. She already went through what attorneys in her circle are calling “Trump 1.0.” 

“Trump’s M.O. is to (cause) chaos, confusion, overwhelm, and fear,” Powers said. 

Powers offered a two-step approach to help make sense of the deluge of information: Understand what your immigration status is, and focus on what you know.

No Legal Status

“If you have no status whatsoever, then there’s going to be concerns about workplace raids, potentially being at the wrong place, at the wrong time, being detained,” Powers explained. These are the folks who should have an immigration attorney and have a plan for next steps if they are deported, such as: 

  1. Consult or retain a reputable immigration attorney.
  2. Have money on hand in case you have to move forward with deportation orders.
  3. Have a plan for guardianship and talk to your children about what will happen if you, your spouse or parents are detained.

Kristen Wilson, an Austin-based attorney focusing on business immigration, said it’s also important to remember that this isn’t new and that all administrations, both Republican and Democrat, have undertaken large efforts to deport immigrants. Still, Wilson believes the Trump administration is taking a “new approach with enforcement” and in some cases will broaden who is being targeted. 

Temporary Legal Status

People in this category could also include the Deferred Action for Childhood Arrivals program (DACA) recipients and people who have Temporary Protected Status (TPS). “I think many of those are going to either be discontinued (or) might have a hard stop,” Powers said. 

She advises people with temporary status to evaluate different programs, like:

  1. Company sponsorship 
  2. Family sponsorship 
  3. Humanitarian visa programs 
  4. Investor visa programs 
  5. Extraordinary ability visas

“The reassuring part that most people can’t see is that the foundation of the immigration law is still intact,” Wilson said. “He’s going to do some damage, and there’s going to be a lot of people affected, but the regular programs that are in place still exist for everyone who wants to apply, and people who are outside of the U.S. and have never come to the U.S., they are in the best position to be here and to be here legally if they have never crossed the border.” 

Applying for a Legal Permanent Residency, or “Green Cards” 

For those seeking permission to live in the U.S. permanently, immigration attorneys believe people could start to see delays. Administrative backlogs were common under Trump’s first presidency. Other delays could result if:  

  1. The Trump administration starts requiring additional interviews that were not required under President Joe Biden’s tenure 
  2. The Trump administration brings back a 2019 public charge rule to “punish” people seeking legal permanent residency if they used government support to meet basic health, housing and nutrition needs or were deemed likely to use services in the future.
  3. Trump’s administration reinstates the “affidavit of support,” which binds any U.S. citizen or permanent resident into a legal promise with the U.S. government to sponsor a person wanting to have legal residence financially. This is a way to guarantee that they won’t have to rely on government help.

Legal Permanent Residency

Attorneys who spoke with The Barbed Wire said there may be greater scrutiny as people try to move towards naturalization. Wilson says anyone with a green card can usually only have it taken away if they do something that makes them deportable — like breaking the law — or if they stop living in the U.S.

U.S. Citizens

The attack on birthright citizenship, Powers said, is “putting into question a lot of first generation (people),” which is creating confusion about “who is a citizen based upon what their mother’s status was when they were in the United States or what their parents’ status was when they were in the United States.”

The American Civil Liberties Union, along with nearly two dozen states and cities, filed a lawsuit against Trump and his administration over the executive order on birthright citizenship. “Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” Anthony D. Romero, executive director of the American Civil Liberties Union, wrote in a press release.

Here’s What We Know 

Immigration attorneys who spoke to The Barbed Wire said the best way to fight fear is to be prepared, have a plan, and know your rights. “I think in general, having your documents organized and ready if you’re not in a status, or if you were potentially to be detained, to be able to get that to an immigration attorney right away, then your family would know what to do for the next steps,” Powers said. 

Additionally, many elected officials and advocacy organizations have put out information about understanding your basic human rights in the U.S. 

Castro’s office is also looking more at the history of Trump’s racist rhetoric and preparing for whatever is to come, regardless of who is targeted. 

“San Antonio is one of the largest Mexican American cities in the country, with thousands of first, second, and third-generation Mexican Americans who are proud citizens of the United States,” Castro said in a statement to The Barbed Wire. “In the past, mass deportation raids in the United States have led to the mistaken arrest, detention, and deportation of citizens like them. I’m very concerned that history will repeat itself with President Trump’s immigration raids.”

He added, “Here in Texas, we have lots of decent folks — including Hispanic voters — who believed that Trump wouldn’t target hard-working people who have been in the country working and living with their families for decades.” And the executive order that enabled raids on schools and churches, to Castro, demonstrated that the president’s focus is not on criminals and gang members.

“My office is preparing for scenarios where the most vulnerable people — including seniors and hospital patients — are targeted for deportation.”

Resources

If you are looking for resources (including free legal assistance and pro bono work) to help you navigate trustworthy organizations, we’ve put together a short list: 

Leslie Rangel, a first generation daughter of Mexican and Guatemalan immigrants, is deputy managing editor for The Barbed Wire. Her award-winning journalism is focused on issues of health, mental wellness,...