Are Farm Defenses to Deportation and Other Defenses Valid?

 Posted on November 26, 2024 in Immigration

With the change in administration, there are many undocumented immigrants in the United States who are anxious and fearful of what the coming months will bring – and with good reason. Very recently, the farm industry warned that the deportation plans in the works could upend the United States food supply since nearly half of all U.S. farm workers lack legal status.

Farmers are now seeking expanded legal pathways for their agricultural laborers and asking that the new administration make an exception for these workers. So far, the new administration has not committed to any exemptions, although it has been stated that deportation will first focus on undocumented immigrants who have broken the law and those with final deportation orders.

At this point, it is unclear whether these mass deportations will take place immediately and whether normal avenues and defenses to deportation will remain valid. Agriculture and related industries contributed $1.5 trillion to the U.S. gross domestic product in 2023, and there is a legal option for hiring labor with the H-2A visa program.

This program allows employers to bring in seasonal workers but only accounts for about 20 percent of the nation’s farm workers because many farmers say they cannot afford the housing and wage requirements. Farms across the United States depend heavily on undocumented immigrants; if the deportation of these workers occurs, the entire food chain could be disrupted.

Immigration attorneys can help with pathways to citizenship and deportation defenses. If you are an undocumented immigrant, it can be extremely beneficial to speak to an experienced, compassionate Arlington, TX immigration attorney from John W. Lawit, LLC.

What Are Deportation Defenses?

Some individuals placed in deportation proceedings may legally be entitled to administrative closure or termination of the proceedings. This could be true because of a lack of proper jurisdiction, irregularities in the allegations, errors in removal proceedings, eligibility for U.S. citizenship, or the existence of a pending or approved visa petition. Other possible deportation defenses include:

• DACA status for some people who were brought to the U.S. as a child, attended school in the U.S., and have not been outside the U.S. for a specific period of time.
• A U Visa for victims of certain crimes who assist in prosecuting the defendant in a criminal matter.
• Securing a green card while in removal proceedings (in-court adjustment of status)
• Non-criminal waiver to have "bad acts" like lying on an immigration application waived to obtain adjustment of status.
• Female victims of some domestic violence acts may be eligible for deportation relief under the Violence Against Women Act.  
• Withholding of removal or asylum may be available defenses to removal for those who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a specific social group.
• Renewal of Form I-751 to remove condition on residency.
• A juvenile non-citizen who has been abused, neglected, or abandoned by his or her parent can apply for Special Immigrant Juvenile Status.
• Cancellation of Removal (EOIR-42B) for those who have been physically present in the U.S. for ten years, can demonstrate good moral character, and for whom a legal permanent resident child, spouse, or parent will suffer exceptional hardship if the individual is deported.
• Criminal waiver for permanent residents subject to deportation due to criminal history (depending on the criminal offense).
• NACARA and Temporary Protected Status could shield those whose return to their country would be unsafe.   
• Voluntary departure may be the best choice when no other defenses are available.  

Contact a Dallas County, TX Immigration Lawyer

Attorney John Lawit was instrumental in establishing the Immigration Section of the Dallas Bar Association. When you choose an Irving, TX immigration attorney from John W. Lawit, LLC, you will benefit from more than 40 years of immigration law experience. Our attorneys have helped tens of thousands of people take steps to live and work safely in the United States. Call 214-609-2242 to schedule an initial meeting with a knowledgeable attorney. Se habla Espanol. We speak Korean.