Important Notice
The following information is provided for informational purposes only and does not constitute legal advice. It is intended to help our clients better understand their rights and the government’s enforcement powers. Immigration laws and policies are subject to change, often with little or no notice. We strongly encourage anyone seeking specific legal guidance to schedule a consultation with one of our attorneys.
Am I a Target of the New Administration?
As of January 30, 2025, available information suggests that the government is prioritizing enforcement actions against the following individuals:
- Individuals with prior removal (deportation) orders and a criminal history.
- Individuals charged with certain crimes: Some people are being arrested at courthouses, although this is not happening uniformly across all jurisdictions. The passage of the Laken Riley Act has expanded the circumstances under which individuals may be detained—potentially even based solely on pending charges, whether substantiated or not.
- Collateral individuals: This refers to individuals who are present when another undocumented person is arrested. They may face enforcement action simply due to their proximity to the targeted individual.
If I Am Detained and Deported, What Will Happen to My Children?
This remains an evolving issue. In Massachusetts, a temporary guardianship can be granted to a trusted individual for an initial period of 90 days, which can be extended in additional 90-day increments with the consent of one or both biological parents. In cases where no parent is available to care for the child, Massachusetts allows for emergency guardianship appointments, provided a suitable caretaker is identified.
To better protect your children, it is advisable to plan ahead by legally designating a guardian in case of an emergency. Consulting with an attorney can help you establish the necessary documentation.
Can My Work Permit Be Canceled?
It depends. Work permits (Employment Authorization Documents) are typically issued based on either:
- An individual’s current immigration status.
- A pending application for immigration relief.
If an individual loses their status or their pending application is denied, their work permit may also be revoked. Some categories of work permits are more vulnerable to cancellation than others.
I Have an Immigration Appointment Scheduled—Should I Be Concerned About Attending? Would Having My Attorney with Me Help?
At this time, we are not seeing widespread reports of individuals being detained at immigration appointments unless they have a prior removal order or a criminal history. However, policies may change at any time.
While having an attorney present does not guarantee protection from detention, legal representation can provide crucial guidance and advocacy if any issues arise. If you are concerned about your case, we strongly recommend consulting with an immigration attorney before attending your appointment.
If I Have an Immigration Hearing Scheduled, Does That Protect Me from Deportation?
Under current law, individuals who have a scheduled immigration hearing must be provided due process before deportation. This means that, at this time, those with an upcoming hearing are generally allowed to remain in the United States until a decision is made in their case.
What Will Happen to My Assets if I Am Deported?
Deportation does not automatically strip you of ownership of your assets. However, managing them from abroad may be challenging.
- Bank Accounts: You will retain ownership of your accounts, but accessing them may depend on banking policies.
- Real Estate: If you own a home, you may continue to pay the mortgage and taxes remotely. If no one is available to manage the property, it could face foreclosure. You may wish to set up a power of attorney for a trusted person to handle financial matters on your behalf.
- Personal Property: Any belongings left behind will remain your property, but without someone to manage them, they may become subject to legal processes such as asset forfeiture or abandonment laws.
If I Am Detained, Will I Be Able to Contact My Attorney or Someone Else?
In most cases, detained individuals have the right to make phone calls. However, access to a phone can depend on the facility’s policies. It is highly recommended that you memorize your attorney’s phone number and the number of a trusted friend or family member.
Is There a Document I Can Carry to Prove That I Have an Open Immigration Case?
Carrying documentation that confirms your ongoing immigration proceedings may be helpful. Recommended documents include:
- A valid government-issued ID (if available).
- A valid work permit (EAD card), if applicable.
- A copy of your immigration hearing notice or other case-related paperwork.
These documents may help immigration officers verify your status in their system. However, whether this prevents detention or deportation depends on your specific circumstances.
Final Recommendations
Given the fast-changing nature of immigration policies, we strongly advise:
- Staying informed about policy updates that may affect you.
- Carrying necessary documents at all times.
- Creating an emergency plan for family and financial matters.
- Consulting with an immigration attorney to assess your legal options.
For personalized legal guidance, schedule a consultation with our attorneys today.