IMMIGRANT LEGAL RESOURCE CENTER

Since Donald Trump was re-elected, headlines on immigration have sounded the alarm about his administration’s plans to effectuate mass deportations, increased detentions, and indiscriminate raids. For the past three years, Governor Greg Abbott has used Texas as a laboratory for these types of policies through Operation Lone Star (OLS). This resource aims to parallel the national moves on enforcement to what has already taken place in Texas, in hopes to better equip community members and advocates with the framework to fight back.

Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a victim for purposes of U visa eligibility. Finally, it addresses derivative eligibility for qualifying family members.

Thanks to the years of community advocacy, the Harris County Sheriff’s Office (HCSO) will now accept the Harris County ELC, as a secondary identity document. This policy is effective as of August 19, 2024 and is only applicable to the HCSO. Training of HCSO officers and staff on the policy change is unclear. Other law enforcement agencies in Houston and Harris County do not currently accept the ELC as a form of identification (ID).

On January 20, 2025, Donald Trump issued more than a dozen Executive Orders (EOs) that seek to sow fear in immigrant communities. These orders seek to militarize our borders and immigration enforcement more broadly, massively expand the existing deportation and detention machinery, punish organizations that care for immigrants as well as local governments that prioritize protecting their residents, and misinterpret the U.S. Constitution and immigration laws. They attempt to do everything from effectively ending asylum and birthright citizenship to teeing up immigration bans and expansive indefinite detention. They are steeped in white supremacist ideology and criminalizing narratives about immigrants. Together, the EOs create a web of entanglement among immigration, military and criminal law enforcement at federal, state, and local levels. This document outlines portions of the EOs that use contact with the criminal system and immigration detention to further criminalize, detain and deport immigrants.

The ILRC encourages Members of Congress to stand against this government-sponsored violence against immigrant communities. The demonization and dehumanization of immigrants by the president are an effort to sow fear and division. Mass deportations will make it impossible for our community members to thrive and live with safety and dignity.