Questions and Answers from Deeply United Immigration Conference.

How do you the new political administration will realistically change the reality of immigration?

First, as we've seen with the past Trump administration, they will issue an umbrella policy of "deny everything you can deny," whereas the current administration has a policy of "approve everything you can approve." This dramatically shifts the treatment of each case--minor issues that would normally be discretionarily pardoned suddenly become grounds for denial and even deportation proceedings, depending on the case type. Second, the last Trump administration toyed with defunding parts of the Department of Homeland Security in its later years as a way to slow or prevent immigration. We imagine we will see this happen on a greater scale in the second Trump administration. And, finally, as Bill and Maggie pointed out, we can most definitely expect this next Trump administration to use executive actions to achieve their agenda.

Can I get more information about Mobile Immigration Clinic Program?

Currently, the best contact for Mobile Immigration Clinics is Leah Cooper, our legal services coordinator. You can reach her at leah@lia-michigan.org.

What is the main reason people migrate to America?

Generally, we understand immigration in terms of push and pull factors. Push factors, such as war, food insecurity, lack of economic and educational opportunity, persecution, government instability, and natural disasters, PUSH people from their homes and drive them to move to places where they can thrive. Pull factors, on the other hand, such as educational and economic opportunity, family reunification, and government stability and safety, PULL people to migrate to other places, such as the United States. I feel it's important also to take note of the reasons those PUSH factors exist--climate change, global economic power struggles, and control of precious or valuable resources (i.e. the United States fixation on the Middle East), and international conflict--and look for ways to remedy them. After all, if the bathtub is overflowing, the right answer isn't to grab a mop, it's to instead stop the flow of water from the source. In an immigration context, this means looking to countries plagued by conflict and instability and asking 1.) What role did our country play in that? and 2.) How can we make reparations? or if we played no role at all, then 3.) Can we or should we provide support to help stem the flow of asylum-seekers to the United States?

How much denaturalization has happened up to now, and is there any prediction for the upcoming rates?

In short, it's really hard to revoke someone's citizenship. But there is a process called "denaturalization," and the government can use this lawsuit to try to strip someone of their citizenship. Grounds for denaturalization are lying during the naturalization process, joining a "subversive" group within five years of becoming a naturalized citizen, refusing to testify before U.S. congressional committee regarding involvement in subversive acts, dishonorable discharge from the military (IF you obtained citizenship through the military), or, more generally and obliquely, if you obtain citizenship "illegally" (most often involving a lie on the application, an affidavit, or to an immigration official). The process requires filing suit in a federal civil court. If the government wins its case, the defendant is stripped of their citizenship and must leave the country. Children who derived citizenship through that parent would also likely lose their citizenship. Importantly, though, the federal government has a high bar for proving that a defendant meets the criteria for denaturalization, more so than other civil cases. This means the government must have good evidence of subversive acts or fraud in order to strip someone of their citizenship.

How can we help when we feel the immigration system is broken? Do you see a decrease in new immigrants in 2025?

As Bill and Maggie pointed out, contact your elected representatives. And share what you learned at the Deeply United Immigration Conference with friends and family. As far as a decrease in new immigrants in 2025, most certainly, yes, we will see a decrease.

What are the risks for employers of undocumented employees?

Employers who don't use the federal E-verify system are vulnerable to ICE audits and raids. The threat of "mass deportations" will likely target employers who do not use E-verify, which requires vetting a potential employee's employment eligibility before adding them to the payroll. Currently, only a couple of states in the nation have made E-verify mandatory for all employers. Michigan is not one of these states. Employers of undocumented individuals are also vulnerable to criminal charges.

Are farm workers eligible for green cards?

I believe this was answered during the presentation, but no. Farmworkers are often here on a temporary work visa, and unless they have a family connection, they are not eligible for a green card.

If you are in the process of applying for a green card, does that fact offer any protection against deportation?

Potentially, yes, as green card eligibility can be a defense to deportation. While it won't protect someone from being detained and placed in deportation proceedings, an immigration judge may take this information into consideration when deciding the case.

I have a friend who has called Lighthouse but gets no response. What is the most efficient way to access services?

We have a new Hotline Intake service available Tuesday 8a-12p and Thursday 2p-6p. (616)221-5542. This is a first come, first serve service. Callers cannot leave a message. This is the current process for starting a new case with Lighthouse Immigrant Advocates. During the free phone consultation, an attorney or legal representative will provide legal advice and schedule the caller for an in-person appointment if they qualify for our services.

Is there an lCE immigration detention center around Kent County? Have you seen detention times rising for asylum seekers? And do people placed in detention centers have any rights to legal representation? Or is it mostly based on the capacity of pro-bono legal organizations to offer services?

There is an ICE office in Grand Rapids with temporary holding cells, but the two detention centers in our state are Calhoun County in Battle Creek and Chippewa County in Sault Ste. Marie. Because we don't work with detained individuals, we do not have a good read on detention times for asylum seekers. Folks in detention facilities have the right to seek an attorney, but it is not paid for by the government as it is in criminal proceedings. Availability of legal counsel is based on capacity of pro-bono or nonprofit law office or the person's ability to pay for private legal counsel.

What’s the benefit or difference for immigrants to enter via an interview scheduled through the CBPOne app, presenting themselves at a port of entry, or by crossing at any point with the intent of being picked up by CBP and processed?

Both CBPOne and crossing and being detained by CBP result in removal proceedings. Under Biden's Proclamation 10773, the person who crossed and was detained by CBP officers technically may not apply for asylum, whereas the person who entered via CBPOne may apply for asylum. CBPOne also sometimes confers parole status, allowing entrants to apply for an Employment Authorization Document upon entry rather than waiting until they apply for asylum. This is not guaranteed, however.

If someone is in asylum proceedings, can they be put into removal proceedings before being seen by an immigration judge? Or are they able to stay but stuck in a limbo of not being able to apply for benefits/work authorization?

If someone applies affirmatively for asylum after a lawful entry, they will not be placed in removal proceedings absent immigrant violations (criminal charge/conviction or new ground of inadmissibility such as a false claim to US citizenship) that would warrant removal proceedings. If someone is applying for asylum as a defense to removal, they are placed in removal proceedings before being seen by a judge and sometimes might even apply for asylum before seeing a judge. They do not have to ask for asylum directly from the judge to be able to submit Form I-589, Application for Asylum. Thankfully, this allows people to avoid a greater limbo period.

What time of education/training do you need to become an Aylin officer?

https://www.uscis.gov/exploring-asylum-officer-careers

What’s the average processing time for removal proceedings for unaccompanied minors who enter via the southern border?

There isn't necessarily a different processing time for their asylum cases, but if they qualify for Special Immigrant Juvenile Status, the processing time is expedited to process cases before they turn 21 (age out).

What would it look like to improve the asylum system? What could the government do to make it better?

As discussed at the summit, surging funding for asylum officers and immigration judges is necessary in the short term to reduce the backlog. In the long term, one thing that would be great would be if Congress were to clarify some of the grey areas in the statute so that presidential administrations would have less power to change the law at will by overruling BIA decisions on these ambiguous areas of the law. This is possible because what we call "immigration court" is not under the judicial branch as the name seems to imply; the immigration court is an administrative tribunal within the executive branch. Hearings in immigration court are administrative proceedings that take place outside of the judicial system.

Are you deportable while in the affirmative or defensive process?

If you are deportable under the INA, then yes. However, being "deportable" or "removable" does not mean that ICE can come and pick you up and put you on a plane immediately unless a judge has already ordered you removed from the United States. Being deportable means that DHS can pursue deportation by filing a Notice To Appear (NTA) with the immigration court to get the deportation process going. If you're already in defensive proceedings, the final hearing - the "individual calendar hearing," is like a trial, where you would testify and present evidence supporting any applications that you have filed to prove your eligibility. This is often asylum, but it can also be a green card application of some sort, Temporary Protected Status (TPS), among many other possibilities. If the judge denies your application(s), then an order of removal would be entered. You would have 30 days to file an appeal with the Board of Immigration Appeals (BIA). If BIA denies your appeal, then the order of removal would be considered a final order of removal. At that point, ICE would be authorized to remove you from the U.S. It's important to understand that if you are deportable/removable from the U.S., ICE has the authority to detain you during the defensive process. When people are detained, their defensive proceedings get put on a much quicker timeline than for people who are non-detained.

If you are denied in the affirmative process, are you automatically detained? Do you go to a holding cell or jail or something?

No. You are referred to the immigration court for defensive proceedings, but you are not usually detained.

Can you speak to unaccompanied children and the immigration process for them vs. if they are traveling with adults or parents?

Children traveling solo are typically processed differently than children traveling with family. Solo children are usually processed by the Office of Refugee Resettlement Unaccompanied Children/Minors (UAC) program and moved into foster care if they cannot be reunited with their parents or guardians. Families are processed together, often quickly, to avoid holding them in the family detention centers for too long. The Biden administration was pretty good about processing families quickly and keeping them together. He did not institute family separation, although it was rumored at one point.

In some cases people wait almost ten years to have their case heard: what happens when laws change in America during those ten years?

If the law changes, then that applies to pending cases. As an example, I filed a case before a court case was decided. Prior to that court case, people with Temporary Protected Status could file for their green cards without departing the United States if they were married to a U.S. citizen or had a U.S. citizen child. The court case reversed this policy. Even though I filed BEFORE the court case was decided, the court's opinion applied to my immigration case, and the petitioner was denied her green card. It's an unfair system on many levels.

What would happen now to DACA status?

We anticipate DACA will go away if Congress doesn't act to protect that immigrant population. Likely, their work permits and DACA grant will expire, and they will not be permitted to return. The immigration system does not take into consideration hardship factors, such as other family members, including US citizen children, who would suffer as a result of this action.

For people who are currently in the process of receiving their green cards. Should we be worried about it being revoked, canceled, etc.?

The greater threat is that the processing times for these cases will be extended dramatically. Often, an application for a green card is based on a statutory benefit. It is unlikely these will be terminated, but the executive branch can certainly do things to extend the processing times.

For a student whose student visa expired but had to overstay. Are there options for them to receive a work permit, green card, etc?

It depends on the unique facts of the case. Sam and Grace explained that if the student overstayed their visa because of a fear of returning to their home country, they might be eligible for asylum. If that student is married to a US citizen, they might be eligible for a green card through that relative. This person should call our Hotline Intake number (616.221.5542) to discuss their case in more detail.

If you received your green card, given the news of Trump’s mass deportation, are they at risk of still getting by deported?

Green card holders do not appear to be a current target of the incoming Trump administration.

Do you have interaction with similar organizations as Lighthouse in Mexico?

I am unaware of any NGOs in Mexico that do what Lighthouse Immigrant Advocates does.

How does the Doctrine of Discovery impact US Immigration law?

I could probably write a paper on this one question. The Doctrine of Discovery is widely discredited in the legal community. For obvious reasons, indigenous communities reject it. As someone who studied both Immigration and Indigenous Law, the Doctrine of Discovery is basically a policy of "finders keepers." And as a kid, finders keepers sucked, and as an entire indigenous population, it most definitely sucked. And then to build an immigration system on top of a policy of finders keepers, well, that's just garbage. That's a house built on sand.

What are your (LIA's) biggest needs besides the obvious answer of money?

We need partners who would like to help distribute Know Your Rights and Emergency Planning information. Specifically, we're looking for other agencies that serve mixed-status families who would like to go through our training to learn how to share this information with the communities they serve. In January, we're looking for volunteers who would like to canvas both Kent and Ottawa Counties to distribute information about immigrants' rights and emergency planning. We're looking for connections to businesses and schools who want to do Fourth Amendment Walkthroughs with LIA to make sure they're prepared for an immigration raid. And, finally, we're always on the lookout for more board members!

What should we, as providers of services, be advising our staff and clients regarding what to do in the event that our locations/programs are “visited” by immigration officials?

As Bill talked about, businesses have the right to refuse entry to Immigration and Customs Enforcement Officers (ICE) if they do not have a judicial warrant. Clearly marking public and private spaces can help to keep employees and clients safe. Creating a safety plan--much like we do for active shooters--is also important for businesses and schools. Communicating this plan and practicing it is a must. If you need assistance putting this plan together, please reach out to LIA!

What is a “special immigrant”?

This is a category of immigrants that fall into the catch-all Form I-360: Special Immigrant Juveniles, Violence Against Women Act Applicants, Afghan or Iraqi interpreters, Broadcasters, Armed Forces members, widows/widowers of US citizens, Amerasians (as explained by Rebekah Bakker at the end), and more. It's just a catch-all phrase to identify those who might be eligible to file Form I-360. The term "special immigrant" dates back to the Immigration and Nationality Act of 1965 (referenced briefly in Sarah's talk). It used to be "non-quota immigrants" in the 1952 INA. SYV