Key Legal Tips for Afghan Immigrants Under the Trump Administration

Pleasanton, California – In light of the new immigration policies implemented under President Donald Trump, Afghan immigrants in the U.S. are being urged to prepare for potential legal challenges. At a recent legal awareness seminar for Afghan immigrants in Pleasanton, California, renowned immigration attorney Spojmie Nasiri provided key legal advice to help immigrants navigate the evolving immigration landscape.

Key Legal Recommendations for Immigrants

1. Seek Advice from a Certified Immigration Attorney
   Only licensed immigration attorneys are authorized to provide legal advice on immigration matters. Many non-attorney organizations assist with filling out immigration forms, but they cannot offer legal consultation. Relying on unauthorized legal advice may lead to complications.
2. Apply for Asylum if You Have Humanitarian Parole
   If you entered the U.S. through humanitarian parole, apply for asylum as soon as possible to secure long-term legal status.
3. Apply for a Green Card if Your Asylum is Approved
   Those with approved asylum status should apply for a green card (permanent residency) without delay.
4. Renew Temporary Protected Status (TPS)
   If you are under Temporary Protected Status (TPS), make sure to renew it before expiration to avoid falling out of legal status.
5. Always Carry Proof of Legal Presence
   Keep physical or digital copies of legal documents such as work permits, green cards, or asylum approvals. If stopped by law enforcement, be prepared to present these documents.
6. Avoid Criminal Activities
   Those with temporary status or green cards should avoid any legal trouble, including domestic violence, drug-related offenses, sexual harassment, or any other criminal activity. Any criminal charge, even minor offenses, could lead to deportation.
7. Legal Advice for Green Card Holders with Criminal Records
   If you have a green card but also a criminal record, consult a lawyer before leaving the U.S. Carry copies of your legal documents, including your passport and Alien Registration Number (A-Number), and provide copies to a trusted family member and attorney. If complications arise upon reentry, your lawyer or family can assist you legally.
8. Travel Warnings for Green Card Holders and U.S. Citizens
   • Green Card Holders: If your green card was obtained through asylum, avoid traveling to Afghanistan, as it contradicts your original claim of fleeing due to persecution.
   • U.S. Citizens: If a U.S. citizen faces issues at the border upon return, they should remain silent, refuse to unlock their phone, and demand legal representation before signing any documents.
9. Seek Congressional Assistance for Delayed Cases
   If your asylum or green card application is delayed, contact your local congressional office or senator to help expedite your case. However, those who entered through the U.S.-Mexico border do not qualify for expedited processing and must wait.
10. Apply for a U.S. Passport
    If you are a U.S. citizen but have not yet applied for a passport, do so immediately. Regulations on obtaining U.S. passports may become stricter under the new administration.

Who is at Risk of Deportation?

• Mass deportation of Afghan immigrants in the U.S. is unlikely. However, individuals with criminal records or those with final deportation orders issued by a judge are at risk.
• California protects immigrants by limiting cooperation with ICE and does not assist federal agencies in detaining undocumented immigrants.

What NOT to Do!

• Do not travel to Afghanistan if you obtained your green card through asylum. Traveling back may jeopardize your status.
• Avoid sharing unnecessary information with federal agents (FBI, ICE, or CBP). You have the right to refuse entry to ICE agents into your home without a valid warrant.
• If ICE agents visit your home, you have the right not to open the door. Tell them you will consult a lawyer before responding. Do not invite them inside or provide any documents without legal advice.

What to Do in Case of Legal Issues

• If you face legal trouble, contact the Council on American-Islamic Relations (CAIR) for legal assistance.
• If stopped by federal law enforcement (FBI or ICE), do not answer any questions without consulting a lawyer.
• If you receive a traffic ticket, either pay the fine or appear in court to resolve it.

Ride-Share Drivers (Uber & Lyft)

• If company policies allow, install dashboard cameras in your vehicle to protect yourself legally and avoid disputes with passengers.

Know Your Rights Cards

• Red “Know Your Rights” cards are available for non-English-speaking immigrants to present to law enforcement, ensuring they exercise their legal rights.

This information is based on legal advice provided by Spojmie Nasiri, a distinguished immigration attorney in California, during a legal seminar for Afghan immigrants at the East Bay Islamic Center.