ICE raids have long been a source of fear for many immigrants in the United States. While citizens are fully protected from deportation under the immigration law, some immigrants also have temporary protections that keep them safe from enforcement actions—for now. Understanding who is currently safe and why is important, especially as immigration policies continue to change. In this post, we’ll explore the different immigrant groups that are protected and what factors could impact their status in the future.
Immigration enforcement has been a heated issue in the United States for years. Immigration and Customs Enforcement (ICE) conducts raids to locate and deport individuals due to their status as immigrants, often initiating deportation proceedings. Yet, not all non-citizens experience these practices. While American citizens are fully protected, other immigrant groups possess temporary or conditional protection that guards them against deportation—at least temporarily.
1. Immigrants with Temporary Protected Status (TPS)
TPS is given to people from countries facing war, natural disasters, or other dangerous conditions that make it unsafe for them to return home. Countries like Venezuela, El Salvador, Haiti, and Myanmar have been given TPS status, allowing thousands of immigrants to stay in the U.S. without the fear of deportation under current immigration laws.
While TPS does not lead directly to a green card, people with this status are safe from ICE raids as long as their country remains on the TPS list. However, TPS is temporary and depends on the U.S. government’s decision to renew or cancel it. In certain situations, TPS holders may encounter challenges if a national security threat arises. However, they are generally protected from deportation unless their temporary status is removed.
2. DACA Recipients
Deferred Action for Childhood Arrivals (DACA) protects individuals who were brought to the U.S. as children without legal status. DACA was created in 2012 and allows beneficiaries to find work legally, receive driver’s licenses, and not be deported.
However, DACA does not provide a permanent legal status and remains vulnerable to legal challenges, particularly during the Trump administration. It continues to be a central issue in immigration policy discussions, with the potential for changes. Sometimes, DACA recipients may need to present their case to an immigration judge to retain their status.
3. Asylum Seekers with Pending Cases in Immigration Court
People who have applied for asylum and demonstrated a credible fear are generally protected from deportation while they await a decision on their case. Because the U.S. immigration system has a large backlog, asylum cases can take years to process, which provides applicants with long-term protection from ICE. Asylum seekers with criminal records may face additional scrutiny and risk of deportation. Asylum seekers must present their case to a judge, who will decide their fate. If an asylum application is denied or not successfully appealed, they could face deportation. Family members of asylum seekers may also face challenges if they fail to provide valid immigration papers or are found to have provided false documents.
However, ICE’s actions in these cases can vary, and some individuals in certain major cities may face regulation actions if their asylum claim is delayed or rejected. Individuals facing a judicial warrant signed by a court may have limited options, making it essential to consult an immigration lawyer immediately.
4. U Visa and T Visa Applicants
The U visa is for immigrants who are victims of crimes in the U.S., such as domestic violence, and who assist law enforcement agencies. The T visa is for victims of human trafficking. These visas allow people to stay in the U.S. temporarily and may lead to permanent residency.
Because these individuals are helping law enforcement, they are generally not targeted by the ICE. However, processing delays can leave some applicants in a state of uncertainty, with their protection remaining unclear until they receive official approval. If they are found to have provided fake documents during their application, their case may face complications, but generally, they are safe from ICE actions during their visa application unless an ICE officer intervenes.
5. Individuals with Orders of Supervision
Some immigrants have been issued a deportation order, but the U.S. government cannot remove them due to legal or diplomatic reasons. Many of these individuals do not have a criminal record but are still required to follow ICE reporting rules. These individuals are placed under “Orders of Supervision,” which allows them to stay in the U.S. temporarily, often with work permits, as long as they follow ICE reporting rules.
Although they are not actively targeted for deportation, their status is uncertain and can change at any time if diplomatic relations shift or enforcement priorities change under immigration law.
6. Certain Individuals in Sanctuary Cities and Immigration Enforcement
Some cities and states have “sanctuary” policies that limit how local law enforcement responds to detainer requests from ICE. While these policies do not grant legal status, they reduce the risk of being detained and handed over to ICE. Sanctuary policies provide a sense of security for immigrant communities, reducing the fear of sudden detainment.
Sanctuary policies vary from place to place and can be challenged by federal government actions, which means that the level of protection depends on local leadership and political changes. This is particularly relevant in cases of mass deportation, where sanctuary cities have previously resisted some of ICE’s actions.
7. Immigrants in Humanitarian Parole Programs
Humanitarian parole is a temporary permission to enter or stay in the U.S. due to urgent humanitarian reasons. Recent programs have allowed certain Afghan and Ukrainian refugees to stay in the U.S. under this status. Individuals in humanitarian parole programs can seek free legal services to help navigate their status and future options.
People with humanitarian parole are usually safe while their status is valid under immigration law. However, this protection is temporary, and they must find other ways to stay in the U.S. legally in the long run.
Conclusion
Many immigrants who are not U.S. citizens still have temporary protection from enforcement actions. These protections come from different programs, such as DACA, TPS, asylum, U visas, and humanitarian parole. However, these protections are not permanent, and their future depends on legal and political changes. Immigrants facing criminal convictions or traffic violations may be at greater risk of enforcement actions, particularly if ICE officers have a signed judicial warrant.
If you or someone you know is in one of these categories, staying informed about immigration policies is essential. Consulting an immigration lawyer for legal representation can help you understand your options and plan for a more secure future in the U.S. It is crucial to know your rights, including the right to remain silent during ICE encounters.
Contact our experienced immigration attorneys at the Abbasi Immigration Law Firm today to discuss your situation and take the next step towards protecting your future.
