By Melanie Slone
“This is not the time to try and figure out how to do immigration on your own,” says Katia Hansen, President and CEO of Unitarian Universalist Refugee Immigrant Services (UURISE). “You’ve got to be able to look at everything in your history, at what the potential red flags are.”
Every case is different, so it is essential for each person to work with an immigration attorney and/or get assistance from nonprofit immigration centers like UURISE, Casa Cornelia, Jewish Family Services, and others.
Many of the nonprofit service providers in California are able to provide services at no cost, says Hansen, and the criteria to get free help is income-based, but covers a range of incomes. So, make sure to talk to someone qualified to help you!
Agencies, Laws, & Regulations
Have you ever wondered why immigration laws are so confusing? Hansen explains:
With the U.S. Constitution as the basis, the federal government oversees immigration, and Congress passes immigration laws.
Below the laws are the regulations. Laws don’t change quickly, says Hansen, “but regulations change really quickly, and the majority of what we do in immigration law is based on the regulations.”
Some of the agencies involved in developing regulations under immigration law include the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP), including Border Patrol and Immigration and Customs Enforcement (ICE).
The immigration courts and the Board of Immigration Appeals fall under the Department of Justice (DOJ). Plus, there are certain regulations under the Department of State and the Department of Labor that affect immigration law.
Each of these organizations can interpret the regulations differently, resulting in confusing and at times conflicting guidance for legal service providers.
An individual immigration case about one person can lead to a lawsuit and work its way up to the top of the pyramid, instigating a change in how federal immigration laws are applied.
Meanwhile, the president makes Executive Orders that determine where the focus of immigration policy will fall, and California state or local regulations (city councils, for example) set certain regulations, such as California allowing immigrants to get driver’s licenses.
Extreme Interior Enforcement
The federal government has begun to use what we refer to as “extreme interior enforcement” regarding immigration, says Hansen. Below, she explains the different ways this strategy can affect immigrants.
USCIS as Enforcer Agency
The USCIS is now a combined administrative and enforcement agency, meaning special enforcement agents who carry guns can now arrest people and execute search warrants at USCIS appointment, which was not the case before.
Fees
When immigrants apply for a naturalization service, sponsor a partner, or renew their green card or Deferred Action for Childhood Arrivals (DACA), they pay a fee. These fees fund the enforcement services employed by USCIS, rather than federal funding. For this reason, application fees increased this year and may fees cannot be waived.
Social Media
Immigration enforcement agencies are now scrutinizing social media and communications of applicants, looking for what they call “anti-Americanism,” a broad term that can include whatever the agent considers as “anti-American.” They are also looking for what they call “support for terrorist organizations and anti-Semitism.” Posting the location of ICE checkpoints might fall under these categories.
Although this scrutiny goes against the First Amendment of the Constitution (Freedom of Speech), the courts are allowing it.
Some visitors are not allowed to enter the country because of content on their phone, and some are being sent to secondary inspection.
Moral Character
The agents might visit the neighborhood where someone applying for naturalization lives and ask the neighbors or employers if the person is of “good moral character.” To show proof of good character, it is suggested that people volunteer at their children’s school, join a faith community or civic organization, or volunteer in their community.
Citizenship Test
The citizenship test has gone from 100 questions to 120 questions, and instead of being asked 10 questions, applicants are now asked to answer 20 questions.
Family-based Immigration
Individuals applying for family-based immigration are facing much longer, more detailed interviews. Applicants should be prepared to give in-depth information about how they met and if they have ever used another name, among other points.
Incomplete Application
In the past, an incomplete application was returned, and more evidence was requested. Now, missing information, like someone’s birthdate, means your application can be denied and you have to reapply and pay the fee again. In some cases, there is no way to reapply.
Asylum
Many asylum seekers need to explain their situation through testimony. Now, cases may not even be considered, meaning applicants have no opportunity to plead their case. If the application is not clear, it may be immediately denied.
Temporary Protective Status (TPS)
Most TPS programs have been terminated or will end in 2026, including those for Haiti, Cuba, Nicaragua, Venezuela, Honduras, and Haiti.
Court Cases
The DOJ is now terminating case outright, meaning that the case is dropped in court, and the person involved can be picked up by ICE outside the courtroom.
Documentation as Proof
Even though it is not required by law, people may want to carry with them proof they have been in the country at least two years, such as pay stubs or cell phone bills in their name.
Racial Profiling
The U.S. Supreme Court in a temporary emergency ruling allows ICE to stop or detain anyone they believe is undocumented based only on the color of their skin, what their employment is, or the fact that they were speaking a language other than English.
Data Sharing
There are currently agreements with the Social Security Administration and IRS to share information, so DHS can request information about immigrants they are investigating.
When an unaccompanied minor is placed with someone he or she feels comfortable with in the United States, this person’s immigration status can now be shared outside the agency, whereas before it was not. It means DHS can use this system to find undocumented immigrants.
DACA
It is essential for DACA holders to keep up to date. If they don’t renew DACA within one year of expiration, they are not eligible to renew and would instead need to file a new application, which currently are not being processed.
The biggest change to DACA is the ruling for Texas that states that any DACA recipient with an address in Texas is protected from deportation but does not have authorization to work.
In California, DACA holders are still eligible to work. However, if you have DACA and you visit Texas (or certain other states), you may want to take extra precautions.
