Overview
Despite intensified immigration enforcement under President Donald Trump's administration, US law continues to recognise at least nine categories of immigrants as legal residents who should not be subject to deportation. The protected categories span US citizens, permanent residents, temporary visa holders, and various special immigrant groups. However, recent legislation and policy shifts have complicated several of these protections, leaving some groups in legal limbo.
Protected categories
At the top of the hierarchy are US citizens, whether born on American soil or naturalised. Even so, reports have surfaced of Immigration and Customs Enforcement agents detaining US citizens during raids, including military veterans; those affected were released after presenting their passports, as reported by both Tuko News and Yen News.
Lawful Permanent Residents, commonly known as green card holders, hold protected status, as do non-immigrants on valid temporary visas such as students on F-1 visas, skilled workers on H-1B or L-1 visas, and visitors on B-1 or B-2 visas.
Asylees, refugees, and individuals who applied through the CBP One mobile app while awaiting court dates are considered legal while their cases remain active. The process now takes between 10 and 12 years, leaving many in extended legal limbo. Adding further uncertainty, ICE agents are now permitted to make arrests inside immigration courts, according to Yen News.
Temporary Protected Status holders retain legal recognition on account of dangerous conditions in their home countries. However, protections for some TPS groups have been altered: Ukraine's TPS was recently renewed for 18 months, but only for those who arrived before August 2023, according to both Tuko News and Yen News. In contrast, Venezuela's TPS extension was cancelled outright, with no confirmed path to reinstatement.
Special immigrant categories and humanitarian parolees
Special immigrant categories include holders of U visas for crime victims, T visas for trafficked survivors, Special Immigrant Juvenile Status recipients, and abuse survivors filing under the Violence Against Women Act. Processing times for these cases range from three to nine years, as reported by both outlets.
Humanitarian parolees, many of whom entered under programmes established during the Biden administration, are currently legal, but the Trump administration has indicated it intends to prioritise the removal of humanitarian parolees once their parole status expires, according to Yen News.
Impact of the Laken Riley Act
The Laken Riley Act, signed into law by Trump, makes an arrest without any conviction sufficient to place a non-citizen in removal proceedings. Both Tuko News and Yen News report that this legislation allows certain criminal charges to trigger detention and potential removal even before a conviction, raising concerns among immigrant communities.
Ongoing challenges
Advocacy groups have noted that some individuals facing deportation could not afford legal representation or received misleading advice. Advocates have also raised concerns that some individuals accepted plea deals without fully understanding the immigration consequences, according to both outlets.
Anyone who entered the US without inspection and holds no recognised immigration status is generally considered undocumented and subject to removal, as reported by Yen News.
In a related development, the US Department of Homeland Security issued a warning to holders of TPS from Ethiopia and 12 other countries to leave the US, according to Yen News. Additionally, Judge Brian Murphy lifted the stay on Ethiopia's TPS termination, clearing the way for all outstanding TPS terminations to take effect simultaneously, the same outlet reported.