Deportation jitters
Deportation jitters . Deportation jitters
The Jamaica Observer
Immigration advocate Irwine Clare Sr.

New York, USA — As the countdown to January 20, 2025 begins for the return of Donald Trump to office, many undocumented Jamaicans here are scrambling to find ways to evade the mass deportation net that the incoming Administration has threatened to cast over the United States.

At least three Jamaican American immigration attorneys — Florida-based Wayne Golding and Winston Tucker as well as Simone Archer of New York — have reported an uptick in the number of people seeking advice on how to deal with their status.

A similar situation has also been reported by well-known Jamaican American immigration advocate Irwine Clare Sr, head of Caribbean Immigration Services.

Clare and all three attorneys have struck a common theme in their advice, which is that “people should ensure that they are in possession of their documents”. And they are encouraging their panic-stricken compatriots to “act with urgency in filing their paperwork”.

Tucker told the Jamaica Observer that he has seen “about a 25 per cent increase in the number of those seeking information on how best to proceed with their immigration issues”. He noted that while each case is different, “my advice has been that they should seek counsel, with one caveat — be careful”.

“People need to be in possession of all relevant documents, which should include an indication of how long they have been in the country, among other things,” Tucker advised.

As he did in a previous interview, Tucker reiterated that he does not believe that the incoming Trump Administration will be able to just pick up and deport large numbers of undocumented immigrants.

He noted that people who are designated as serious criminals and a danger to the society, and others who crossed the border with Mexico, have faced a hearing and ordered removed but are still in the country are likely to be dealt with first.

Meanwhile, Archer of Archer Law PLLC said she too has “noticed a considerable increase in the number of people seeking advice on the best way forward with their immigration matters”.

The jump in people seeking advice became noticeable close to the November 5 election, which Trump won decisively after warning on the campaign trail that he intended to deport millions of illegal immigrants if he won. It has since accelerated, people who work with immigrants said.

“Some of those seeking advice have specific avenues available to them to deal with their situation. Each situation is different, but one advice I try to impart to everyone is that they need to have their documents in their possession,” Archer said.

“It is important that they act immediately to deal with their situation. People who are married to United States citizens, for example, should file right away,” she advised.

She said that those with children whose situation needs to be formalised should also act with urgency as their cases will have to go through the Special Immigrant Juvenile Status programme under which the United States Citizenship and Immigration Services seeks to make a decision on a special immigrant juvenile petition within six months.

Golding told the Observer that the inquiries are coming from people who benefited from an executive order by President Barack Obama between 2008 and 2016 which allowed them to remain in the US while their cases were being dealt with.

“There is now a real concern that this particular benefit could be removed, causing serious problems for the beneficiaries,” said Golding, adding: “Most Jamaicans who are in the country illegally did not enter through the southern border with Mexico but have generally overstayed their time.”

A Westchester County, New York, immigration attorney, Doug Stone, said he too has seen an uptick in the number of people seeking advice about their status since the election.

Early last month, a Trump-appointed federal judge in Texas struck down a policy by the Joseph Biden Administration which was aimed to make a path to citizenship for some undocumented immigrants who are married to US citizens.

The measure, which was seen as one of the most beneficial presidential actions to help immigrant families, would have allowed undocumented spouses and stepchildren of US citizens to apply for a green card without having to leave the country, according to published reports.

The judge, J Campbell Barker, ruled that the Biden Administration had overstepped its authority by implementing the programme.

In the meantime, Christopher Benjamin, the community relations officer at the Jamaican Consulate in Manhattan, said that Jamaicans with immigration issues should seek the services of a qualified attorney, as the consulate cannot interfere in the immigration laws of the United States.
Jamaica
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2024-12-02
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Deportation jitters
Deportation jitters