US: Full List of 9 Immigrant Categories Considered Safe From Deportation Under Trump
- Despite sweeping immigration enforcement, US law formally recognises at least nine categories of immigrants as legal residents who should not face deportation
- Green card holders, DACA recipients, TPS holders and asylum seekers are among those with protected status, though several protections have been weakened by recent policy changes
- The Laken Riley Act, signed by Trump, means an arrest without any conviction can now trigger removal proceedings for non-citizens
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Despite the sweeping immigration enforcement campaign under President Donald Trump's administration, United States law continues to formally recognise at least nine categories of immigrants as legal residents who should not be subject to deportation.
The categories span a broad range of circumstances, from naturalised citizens and permanent residents to survivors of abuse and those awaiting asylum decisions.
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However, several of these protections have been significantly complicated or weakened by recent executive actions and new legislation.
Who US law considers a legal resident
At the top of the hierarchy are US citizens, whether born on American soil or naturalised. Even so, reports have surfaced of Immigration and Customs Enforcement agents detaining US citizens during raids, including military veterans. Those affected were released after presenting their passports.
Lawful Permanent Residents, commonly known as green card holders, also hold protected status, alongside non-immigrants on valid temporary visas such as students on F-1 visas, skilled workers on H-1B or L-1 visas, and visitors on B-1 or B-2 visas.
According to Skywalker, asylees, refugees and individuals who applied through the CBP One mobile app while awaiting court dates are considered legal while their cases remain active. The process now takes between 10 and 12 years, leaving many in extended legal limbo. Adding further uncertainty, ICE agents are now permitted to make arrests inside immigration courts.
Temporary Protected Status holders retain legal recognition on account of dangerous conditions in their home countries. Ukraine's TPS was recently renewed for 18 months, but only for those who arrived before August 2023. Venezuela's extension was cancelled outright, with no confirmed path to reinstatement.
DACA recipients, the Dreamers who arrived in the US as children, remain recognised under current law, as do humanitarian parolees, many of whom entered under programmes established during the Biden administration. While technically legal at present, the Trump administration has indicated it intends to prioritise their removal once their parole status expires.
Rounding out the list are special immigrant categories, including holders of U visas for crime victims, T visas for trafficked survivors, Special Immigrant Juvenile Status recipients and abuse survivors filing under the Violence Against Women Act. Processing times for these cases range from three to nine years.
Who falls outside legal protection
Anyone who entered the US without inspection and holds no recognised immigration status is generally considered undocumented and subject to removal.
The situation for undocumented individuals has been made considerably more precarious by the Laken Riley Act, signed into law by Trump. Under this legislation, a mere arrest, even without a conviction or guilty finding, is now sufficient to place a non-citizen in removal proceedings.
Advocates have raised concerns that some individuals facing deportation accepted plea deals without fully understanding the immigration consequences, often due to lack of access to adequate legal representation.
US orders nationals of Ethiopia with TPS to leave
In a related development, YEN.com.gh reported that the United States Department of Homeland Security had issued a stark warning to holders of Temporary Protected Status (TPS) from Ethiopia and 12 other countries to leave the country.
This comes after Judge Brian Murphy lifted the stay on Ethiopia's TPS termination, clearing the way for all outstanding TPS terminations to take effect simultaneously.
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Source: YEN.com.gh
