Could Donald Trump’s Immigration Policy as President Actually be Good for Illegal Immigrants?

By: Yaniv Lavy, Esq., a NYC Immigration Lawyer

Donald Trump, who is currently leading the GOP race for the White House in 2016, is unequivocally against all rights and relief for illegal aliens. Throughout his campaign, Trump has been the target of social and news media attacks from both sides regarding his comments on immigration, and specifically with regard to Mexicans who cross our borders unsanctioned.

According to Donald Trump, illegal immigrants from Mexico are drug dealers, murderers and rapists.

Trump’s extreme views on U.S. immigration policies may actually have an upside for illegal aliens who are currently residing in the U.S. President Obama’s current policies have placed thousands of illegal aliens in a grey space. His deferred action programs do not offer a path to a Green Card and his removal enforcement policies make it extremely difficult for certain aliens to be placed into removal proceedings.

On the other hand, Trump promises to place millions of illegal immigrants in removal proceedings. How could this possibility benefit some? Countless illegal aliens who have been residing in the U.S. for more than 10 years and who have family members who are American citizens may benefit from the Cancellation of Removal and other forms of relief in Immigration Court. Often, we see clients who would otherwise have a good shot at receiving Lawful Permanent Resident Status from an Immigration Judge, but the only thing holding them back is their inability to safely be placed in removal proceedings.

Under current policies and immigration laws, a person who has been unlawfully present in the U.S. for over 10 years is eligible for relief from removal known as Cancellation of Removal, if he or she can prove that they have a U.S. citizen or Lawful Permanent Resident relative (spouse, parent or child) who will suffer extreme hardship should he or she be deported from the U.S.

Illegal immigrants also have the opportunity to apply for asylum and withholding of removal relief in immigration court. Withholding of removal could benefit many who do not otherwise qualify for deferred action programs by providing them employment authorization. In recent years we have seen a surge in asylum and withholding of removal cases from a number of Central American countries where violence from drug trafficking and drug related gang activity is on the rise and has reaches astronomical levels.

Short of advocating Donald Trump’s extremist policy viewpoints, there might actually be a silver lining here. If Donald Trump’s removal enforcement policies have the effect of activating so many immigration cases he will surely push countless aliens currently living without status towards lawful Green Card status.

Another available relief for illegal immigrants who are currently living in the US is Provisional Waiver, which allows them to safely return to their country after a (provisional) Waiver is approved and enter the US with an Immigrant Visa (Green Card). IN order to be eligible for a Provisional Waiver an illegal immigrant must have an approved Immigrant Visa Petition based on family or employment sponsorship and current Immigrant Visa Number.

What Feiner & Lavy, P.C. Attorneys at Law Can Do for You?

Our NYC Immigration Lawyers work to aggressively defend your rights and fight for you to be able to remain in the United States. We feel that you deserve the best chance that you can get to a good life in this country and strive to do all in our power to help you achieve your immigration goals.

Feiner & Lavy, P.C. Attorneys at Law are experienced NYC immigration Lawyers and have been serving clients for over 40 years in NYC and from all over the world.

For assistance in fighting for your immigration rights in the US by a NYC Immigration Lawyer, contact one of our New York City immigration lawyers at (212) 571-9200.