What to know about immigration in Washington amid threats of ‘mass deportations’
We broke down some of the immigration visas and statuses that are relevant to Washington state.
Author: Sharon Yoo
Published: 5:44 PM PST January 13, 2025
WASHINGTON, USA — President Donald Trump has reiterated his plans for “mass deportations” of undocumented immigrants, set to begin immediately after he takes office on Jan. 20, 2025. Trump, and his “border czar” Tom Homan have shared goals of conducting “the largest domestic deportation operation in American history.”
Although Trump and Homan have said the initial deportation focus would be on undocumented individuals who are “public safety threats and national security threats first,” it’s unclear what other impacts the deportation plans will have on other types of people here in the U.S.
This is why we thought it was important to break down the different types of people who are here either as undocumented or documented individuals, and what type of status they might have.
DACA (Deferred Action for Childhood Arrivals)
DACA is currently making its way through the court system. This immigration policy was started by the Obama administration in 2012, and people who have DACA status are often referred to as ‘undocumented immigrants’ or ‘dreamers.’ Dreamers are protected from deportation and some are allowed to work legally in the United States.
According to U.S. Citizenship and Immigration Services, or USCIS, there are about 580,000 DACA recipients as of March 2023 in the nation, with around 14,300 in Washington state.
To qualify for DACA, an applicant must have been under 31 years old as of June 15, 2012, and must have come to the U.S. before their 16th birthday. They also need to have lived in the United States continuously since June 15, 2007, and had to have been physically present in the U.S. on June 15, 2012, and at the time of filling out the DACA request form.
In addition to those qualifications, applicants also need to currently be in school, or have graduated from high school or have obtained a GED. You can find further qualification requirements by clicking here.
There have been multiple legal challenges trying to strike down DACA since its beginning. As of January 2025, the program continues as it navigates the appeals process within the courts after a federal judge has ruled that DACA is illegal.
President Donald Trump fought to dismantle DACA during his first term, but his stance may have shifted. He has recently said in an NBC interview, “I want to be able to work something out.”
TPS
Another immigration program that affects us here in Washington state is Temporary Protected Status, or TPS. This status provides temporary relief to foreigners who are unable to return home due to threats from war, epidemics or environmental disasters. TPS recipients are protected from deportation and allowed to work in the U.S. while they are here and can reapply for this status as long as their home country is on the approved list.
As of March 2024, there are over 860,000 people holding TPS in the U.S. While TPS itself cannot be dismantled without congressional approval, President Trump can instruct the Secretary of Homeland Security to take certain countries off the list. Trump has nominated South Dakota’s Republican governor Kristi Noem to be the new Secretary of Homeland Security, and Noem is awaiting Senate confirmation.
H-2A
The H-2A visa is given to temporary agriculture workers who want to find work in the United States. Many producers and contractors of producers in Eastern Washington utilize this visa to hire workers for the growing and harvesting season. The visa can last anywhere from a month up to 10 months.
While the Trump administration hasn’t mentioned anything specific about the H-2A visas, Project 2025 has proposed potentially stricter guidelines for applying for them– which is something agriculture industry representatives said they are concerned about in Eastern Washington. Small producers in Washington have said it’s already complex and expensive to utilize the H-2A visa, saying that H-2A visas are mostly utilized by large-scale producers and large contractors.
Illegal Entry – Felony or Misdemeanor?
Now this brings us to whether crossing the border illegally is a felony. According to Title 8, US Code, Section 1325, first-time illegal entry is typically a misdemeanor, that could bring fines and prison time of up to six months. A second illegal entry can be a felony that comes with fines and prison time of up to two years.
It gets complicated when you re-enter the U.S. after officially having been deported. Then– it is a felony with penalties that depend on criminal history.
So calling someone who has crossed the border illegally, a felon, is technically incorrect, if it is their first time.
Unlawful Presence
When you come to the U.S. on a valid visa, but stay after the visa has expired, that is considered “unlawful presence.” You also have unlawful presence if you crossed the border and stayed without proper documentation.
There are a few exceptions though, if the person was brought to the U.S. illegally as a minor, they might qualify for DACA. A person may also qualify for certain protections and visas if they are a victim of abuse or human trafficking.
More information about the T & U visas are available by clicking here.
With the upcoming Trump administration, it’s difficult to predict what might happen to the dozens of different types of visas, statuses and programs that fall under the immigration category.
But knowing the few different types that we most commonly hear about may help you navigate the future with some clarity.
Know Your Rights
Immigrants have rights in the United States, regardless of immigration status. The rights are protected by the U.S. Constitution along with various other laws.
Constitutional Rights:
1. Equal protection under the law, as guaranteed by the Fourteenth Amendment
2. Due process
3. Right to remain silent when questioned by law enforcement or immigration agents
4. Protection against unreasonable searches and seizures.
Legal Rights:
1. Right to legal representation in criminal proceedings
2. Right to refuse searches by immigration agents
3. Right to a hearing before an immigration judge before deportation
In addition, when a law enforcement officer asks about immigration status, you have the right to remain silent. If you are not a U.S. citizen and an immigration agent asks to see your immigration papers, you must show them if you have them with you. It is advised that if you are over 18 years old, you carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to see a lawyer before answering any questions.
The ACLU has an extensive list of resources and responses that could be given in many potential scenarios in which you might interact with an immigration official or a law enforcement agent. You can read about those by clicking here.
To view a Local Know Your Rights poster from WAISN, the Washington State Immigrant Solidarity Network click here for English and here for Spanish.