Atty Lou Tancinco shares her latest updates via our quarterly newsletter.
Dear TLAW Subscribers:
The landscape of immigration law is constantly evolving, and recent policy shifts have brought significant changes and heightened uncertainty. To help you stay informed, our latest quarterly newsletter offers timely insights into key immigration issues.
In this edition, we focus on empowering individuals with knowledge about their rights, particularly in the event of an encounter with Immigration and Customs Enforcement (ICE). We address crucial questions such as: What are your rights if a friend or family member is detained? What recourse is available if there is no final order of removal?
We also delve into other critical topics, including:
We encourage you to take a moment to review these informative articles and updates. Staying informed is crucial for navigating the complexities of immigration law.
We remain committed to advocating for just, fair, and humane immigration reform. In the meantime, we urge you to be vigilant in asserting your rights. Our firm is here to provide guidance and support. If you have any questions or require legal assistance, please do not hesitate to contact us.
With the suspension of the Parole in Place Program, USCIS has issued announcements regarding appointments and refunds.
The Keeping Families Together program known as the PIP or Parole in Place was a program established by President Biden in August 2024 aimed at allowing certain spouses and children of US citizens to apply for lawful permanent residence without leaving the country.
Legal Challenges
A few days after it was launched on August 19, 2024, 16 States filed a lawsuit on August 27, 2024 arguing that the President overstepped its authority and asked that its implementation be suspended.
On November 7, 2024, the U.S. District Court for the Eastern District of Texas stopped the program entirely, ruling that the federal government lacked the authority to enact this program.
USCIS released an announcement on November 13, 2024 as a result of the court order stating that (1) they are not accepting any I-131F or request for parole under the Keeping Families Together; (2) all biometric scheduled appointments are cancelled.
Refunds of Filing Fees
As of this writing, the PIP remains suspended; as a consequence, USCIS suspended processing of all existing applications. Beginning January 6, 2025, USCIS has begun the process of refunding checks of $580 filing associated with the vacated Keeping Families Together (“KFT”) Parole program. All applications filed prior to the order of suspending the program shall be administratively closed and thus, refunds are being issued to applicants.
For individuals who paid by credit card, the refund will be by credit card and should happen in the next 1-2 weeks. And for those who paid by debit card, the refund will be issued by check by ICE. This process may take 5-6 weeks.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
If you are a naturalized U.S. citizen, are you at risk of being stripped of your U.S. Citizenship in a 2nd Trump term?
President Trump’s focus on immigration is on border security, undocumented immigration and enforcement of immigration law including a plan for a mass deportation. So far, there is no “denaturalization policy” that was expressed. It was during his prior administration that he created a Denaturalization Task Force and a Denaturalization Section targeted against U.S. citizens. What are the chances that this effort is going to be revived? And if you are a naturalized U.S. citizen are you at risk of being stripped of your U.S. Citizenship?
Denaturalization is found in Section 340 of the Immigration and Nationality Act. There are only certain legal basis to denaturalize an individual and this is initiated by the government through the federal district courts. In the past it was seldom utilized except in extreme cases like in denaturalization of former Nazis who lied about their past who illegally procured naturalization.
Those who are most likely to be affected by the administration’s effort to strip U.S. citizenship from naturalized citizens may be divided mainly into 3 categories. These are immigrants who procured their citizenship illegally because of the presence of:
Prior criminal conviction that was concealed: Those who concealed their criminal convictions on their naturalization applications and their criminal cases are grounds for removal may have their cases referred for naturalization. Note that criminal charges or convictions must have occurred before and during the naturalization process.
Prior removal cases and assumed identities: Several years ago, the U.S. government discovered hundreds of individuals who had prior deportation orders and who used different names in their green card and naturalization applications. These cases are now being investigated and may be re-opened for denaturalization.
Material fraud and misrepresentation. This refers to those who lied in obtaining their green cards through fraud and misrepresentation. The lie must have a relation to the eligibility for green card or naturalization to be a basis for denaturalization.
Once an immigrant is identified for investigation by USCIS for purposes of denaturalization, the matter will be referred to the Department of Justice’s Denaturalization Section under the Office of Immigration Litigation and the Assistant U.S. Attorney. Thereafter, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship. When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship. There is a due process involved and a right to a hearing. If a citizen is denaturalized, most probably this individual will be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.
Naturalized U.S. citizens must now realize that just like in the past Trump administration and now with the present administration. they no longer have a sense of permanence when it comes to their immigration status. If you believe that you fall into any of the categories of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare yourself to defend yourself in the federal court and, in the worst case scenario, explore applicable waivers or defenses to avoid removal.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
Despite being in the U.S. Constitution’s, birthright citizenship has come under attack and is being ridiculously threatened with repeal.
The 14th Amendment to the U.S. Constitution unequivocally states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” For over a century, this constitutional guarantee has conferred citizenship on individuals born within U.S. territory, irrespective of their parents’ immigration status. Despite its clarity, birthright citizenship has recently come under attack, raising critical legal and ethical questions.
Can a Constitutional Amendment Be Repealed by Executive Order?
Today President Donald Trump signed an executive order repealing birthright citizenship. Legally, this claim warrants scrutiny. A constitutional provision cannot be overturned by executive order. To amend the Constitution requires a rigorous process: a two-thirds majority vote in both the House and the Senate, followed by ratification from three-fourths of the states.
Previous attempts to deny citizenship to U.S.-born children of undocumented immigrants through state and federal legislation have consistently been deemed unconstitutional. Even if a Republican-controlled Congress were to pass such a law, it would undoubtedly face significant legal challenges in the courts, given its conflict with established constitutional protections.
A Misguided Approach to Illegal Immigration
Proponents of repealing birthright citizenship argue that it incentivizes illegal immigration. They believe withholding automatic citizenship from the children of undocumented immigrants could serve as a deterrent. Some extremists even frame the issue as a national security concern, suggesting the potential for exploitation by terrorists—an argument that strains credulity.
However, eliminating birthright citizenship is far from a viable solution. In fact, it could exacerbate the challenges posed by illegal immigration. Without birthright citizenship, children born to undocumented immigrants would lack legal status, creating a vulnerable, stateless population. These individuals, unable to fully participate in society, would face heightened risks of exploitation and involvement in criminal activity. Instead of addressing the root causes of illegal immigration, such a policy would compound the problem, leaving both individuals and communities worse off.
The Uphill Legal Battle Against the 14th Amendment
The 14th Amendment serves as a safeguard against arbitrary decisions by politicians about who deserves U.S. citizenship. Its protections extend to everyone born on American soil, ensuring equal treatment under the law. Repealing or undermining this foundational principle would not only provoke significant legal challenges but also carry far-reaching political and social consequences.
President Trump’s proposed repeal would face an uphill battle, requiring a constitutional amendment—an exceedingly rare and complex process. Beyond the procedural hurdles, such an effort would risk eroding the very values of inclusion and equality that underpin the Constitution.
A Counterproductive Proposal
The push to repeal birthright citizenship is not a solution but a diversion. It shifts focus away from addressing the systemic issues driving illegal immigration and instead targets one of the most fundamental principles of American identity. Far from deterring illegal immigration, this proposal would deepen existing challenges, creating a new underclass of individuals without legal recognition.
As a nation, we must carefully weigh the implications of such drastic measures. The debate over birthright citizenship is not just a legal issue but a moral one, reflecting the values we uphold as a society. Rather than dismantling a constitutional cornerstone, the focus should be on comprehensive immigration reform that addresses the root causes of illegal immigration while preserving the rights and dignity of all individuals.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
With the threat of mass deportation looming again, you must understand your rights during an ICE encounter.
In 1954, Operation Wetback led to the mass deportation of Mexican laborers from the United States. Approximately one million immigrants were deported during this operation. Fast forward to 2025, the threat of mass deportation looms again, echoing the campaign pledge of President Trump. Now, as President-elect, this pledge is beginning to materialize, posing a real threat to all undocumented immigrants. An estimated 11 million unauthorized immigrants are at risk of arrest. However, the likelihood of being targeted in an Immigration and Customs Enforcement (ICE) raid depends on the government’s priorities.
Mass deportation raises serious concerns about human rights, community stability, and the legal protections afforded to individuals, regardless of their immigration status. Understanding the factors that determine enforcement priorities and the rights of those targeted is crucial for those living in the United States without proper legal documentation.
Who Is Most Likely to Be Affected?
The government’s priorities for arrest and immediate deportation include several categories of individuals:
Criminal Convictions: Individuals with final criminal convictions for aggravated felonies or those deemed threats to national security and public safety are prioritized for deportation. This category often includes individuals with complex legal and humanitarian considerations.
Outstanding Orders of Removal: Those with final orders of removal and no pending appeals are a primary focus. However, this does not apply to cases that are still open, administratively closed, or terminated, providing a small window of reprieve for some.
Recent Entrants: Those who entered the United States within the last two years and are within 100 miles of the U.S. border are at heightened risk. These individuals often lack deep ties to the community and may face expedited removal.
Unauthorized Presence: Many immigrants present without proper documentation fall into this broad category. These individuals may have overstayed visas, been victims of misinformation, or faced unique personal circumstances. Specific examples include but are not limited to:
Individuals unable to file timely extensions or status changes due to unforeseen circumstances.
Victims of abusive relationships unable to self-petition for relief.
Those misled by unscrupulous agents about their immigration status.
Immigrants brought to the U.S. as children who are ineligible for Deferred Action for Childhood Arrivals (DACA) will be affected if there are policy changes
Individuals overstaying visas to care for ill relatives or dependents or for other personal reasons.
Basic Rights of Unauthorized Immigrants
The Fifth and Fourteenth Amendments of the U.S. Constitution guarantee due process and equal protection to ALL people in the United States including to undocumented immigrants. Despite their immigration status, individuals in the United States are entitled to certain constitutional protections.
What to Do If ICE Knocks on Your Door
Right to Remain Silent: You can assert your Fifth Amendment right to remain silent. Refuse to answer questions about your birthplace, immigration status, or how you entered the U.S. Politely state that you will not speak until you have consulted with a lawyer.
Right to Demand a Warrant: ICE agents cannot enter your home without a warrant. If they claim to have one, ask them to slide it under the door or show it through a window. Verify that it is signed by a judge and contains your correct name, address, and date of birth. Without a valid warrant, you are not obligated to allow entry.
Right to Refuse Document Requests: Do not provide any documents or consent to searches without consulting a lawyer. Assert your right to legal counsel before sharing any information or documentation.
What to Do If Taken Into Custody
Remain Calm and Polite: Though detention is a stressful experience, maintaining composure can help protect your rights. Avoid confrontations and remain respectful.
Right to Refuse Signing Documents: Do not sign anything without consulting a lawyer. You may inadvertently waive your rights to legal representation or a hearing, leading to immediate removal.
Right to Legal Counsel and a Phone Call: Have your attorney’s contact information readily available. While ICE does not provide legal representation, you are entitled to contact a lawyer. Use your phone call wisely to coordinate legal assistance or inform a trusted individual of your situation.
Due Process Right to a Hearing: Under the Fifth Amendment, all individuals—regardless of immigration status—are entitled to due process. Detainees typically have the right to a hearing, except for those apprehended near the border or lacking two years of physical presence in the U.S. Requesting a bond hearing may allow temporary release pending the resolution of your case.
Right to Appeal: A removal order is not final. You can appeal to the Board of Immigration Appeals (BIA) and, if necessary, to Federal courts for certain legal issues. While stays of removal during federal appeals are not automatic, they can be requested.
Right to Consular Access: Detainees have the right to contact their home country’s consulate. For example, Filipino citizens can reach out to the nearest Philippine Consulate for assistance with family communication and legal support.
Proactive Steps to Protect Yourself
Preparation can mitigate the risks associated with potential ICE raids or detention. Consider taking these steps:
Organize Important Documents: Gather identification, proof of residence, and other critical documents. Store them securely in an accessible location.
Consult Legal Counsel: Discuss your case with a trusted immigration attorney to explore possible options for relief while there is time to do so.
Connect with Advocacy Groups: Identify and familiarize yourself with local organizations that provide resources and support for immigrant communities.
Draft and Share a Preparedness Plan: Create a plan for your family, including financial and emotional support, in case of detention. Share this plan with a trusted individual or your lawyer. Ensure trusted individuals are aware of your plans and can act on your behalf if necessary.
Avoid High-Risk Areas: Stay away from places or events where ICE raids are likely.
Verify Information Sources: Rely on reputable sources for immigration-related updates. Avoid suspicious links or misinformation on social media.
Be Mindful on Social Media: Avoid posts that could attract attention or be misconstrued.
Conclusion
Mass deportation poses a grave threat to the immigrant community, but knowledge and preparation can provide a vital defense. By asserting their rights and seeking legal support, undocumented individuals can navigate this challenging environment. As a nation built by immigrants, it is imperative to advocate for humane and just immigration policies that reflect 21st-century realities. Only through education, community support, and legislative comprehensive immigration reform can we protect the rights and dignity of all individuals in the United States.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established in 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
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