If President-elect Donald Trump claims he will launch extensive operations against illegal immigrants from the first day of his inauguration, we must take him seriously. Vanessa Stine, a senior immigrant rights attorney at the ACLU of Pennsylvania, predicts it will be the state of the United States from January 20, 2025, onward for the next four years.
“Under the upcoming Trump administration, we'll see a big ramp-up in immigration enforcement. It's something that Trump has been talking about, has been saying that's what he's going to do. We need to take him at his word that's what he's going to do”, Stine explained in a conversation with Al Dia News.
Many human rights organizations in the country are closely monitoring events from the first day of Trump's new term. The reason are clear, according to Stine.
“With increased immigration enforcement, one of the big challenges is that when there's an effort to have lots of arrests happening at the same time, it's difficult to do that without violating people's rights. And the reason is that when ICE arrests people in large groups, they don't necessarily take an individualized approach, meaning, they are not using an individualized approach, which is required on the Constitution to say: do we have reasonable suspicion that this person is here unlawfully?”.
Which rights will be most at risk as of January 20?
Specially theres concerns about Fourth Amendment Concerns. The Fourth Amendment protects against unreasonable searches and seizures, requiring individualized suspicion for arrests and detentions. Stine argues that large-scale immigration sweeps often violate this right as individuals are arrested without individualized suspicion of unlawful presence.
On the other hand, Fifth Amendment and Due Process is under the table too, because, this constitutional tenet guarantees due process of law for everyone, regardless of immigration status.
Stine criticizes Trump's stated policy of detaining all immigrants without release, deeming it arbitrary and punitive, which conflicts with the civil detention scheme of immigration law. She emphasizes that detention should not be used as punishment and requires an individual assessment to determine its necessity.
Another concerning aspect is that Donald Trump achieved a significant victory in the polls, which not only provided him with a clear mandate for the executive branch but also secured a strong majority in the legislative branch.
This situation could result in meaningful changes to the country’s migration rules. Stine acknowledges the possibility of legislative risks that could further escalate immigration enforcement and restrict immigrant rights. She cites the potential for harsher immigration laws and the Attorney General's power to influence immigration case law through decisions that could narrow existing protections, such as asylum eligibility.
In conclusion, it is clear that Individuals and Families will suffer due to the new administration's immigration strategies.
Stine stresses the human cost of these changes, predicting harm and suffering for many immigrants. She highlights the issue of family separation, noting that 27% of arrests during the previous Trump administration (2016-2020) resulted in families being separated, even when ICE was aware of parental status.

How can I protect my rights?

Here are suggestions for how immigrants should act during raids or legal issues with authorities.

• Consult an accredited immigration attorney: It is essential to seek legal guidance from a qualified professional to understand a person's current immigration status and possible avenues for regularization. Non-U.S. citizens are advised to consult a reputable immigration attorney if they have any questions about their status or what steps they can take. It is crucial to make sure that the person offering immigration services is a licensed attorney and not someone calling themselves a "notario," as this term may have different connotations in other countries and may not indicate a qualified legal professional in the United States.
• Know your rights: Several community organizations and legal groups offer "know your rights" education programs that can provide valuable information on how to interact with immigration authorities.
• Do not open the door to ICE without a warrant: Individuals are not required to open their doors to ICE agents unless they present a warrant signed by a judge. Although ICE agents may insist or attempt to pressure individuals to open the door, it is essential to remember this right.
• Be vigilant during traffic stops: ICE agents have changed tactics and now target individuals during traffic stops, often questioning both the driver and passengers. Drivers must present their identification and driver's license, but passengers have the right to remain silent and ask if they are free to leave.
• Exercise the right to remain silent: Whether at home or on the street, individuals have the right to remain silent and refuse to answer questions from ICE agents. It is crucial to remember that anything you say can be used against you, and it is advisable to invoke the right to remain silent if you are comfortable doing so.
• Ask if you are free to leave: If you are stopped by ICE on the street, it is essential to ask if you are free to leave. ICE agents must have individualized reasonable suspicion to detain someone, and detaining a person based solely on their appearance or language is not legal.
• Consider a limited power of attorney for mixed-status families: Parents in mixed-status households, where one or both parents are non-citizens and the children are citizens, should consider establishing a limited power of attorney. This allows a trusted family member or friend to care for the children in the event that the parents are detained by ICE.
• Advocate for welcoming city policies: Encouraging local cities and counties to adopt welcoming city policies can help protect the rights of immigrants. These policies aim to separate local law enforcement agencies from federal immigration enforcement, creating a safer environment for immigrant communities.
• Urging state government to strengthen protections: Immigrants and their allies can advocate for state governments to implement policies that provide greater protection and support for immigrant communities. These policies can address several issues, including access to services, legal protections, and the overall safety of immigrants within the state.

If you need more information you can go to the ACLU website.