The Trump administration appears to have a strategy to change public expectations about the future of the 11 million unauthorized persons in the country.
Coming into 2017, the public appears to strongly favor a policy of eventual citizenship for these persons, based on a poll published in the Atlantic. Such a policy is apparently supported even by conservative Republicans. Thus, the default position of Americans has been light on deportation and heavy on normalization, with an expectation that legalization is the assumed solution.
The Trump administration is trying to reverse the expectations, to induce the public to expect mounting deportation as the default approach, with legalization being the exception.
An Executive Order on January 25 basically criminalizes the eight million illegal workers, the vast majority of whom do not have a felony or major misdemeanor record, for abuse of social security card identification.
The arrest in Phoenix on February 8 and deportation of Guadalupe Garcia de Rayos marks the start of what I expect to be a pattern of strict enforcement of this Executive Order. De Rayos, who illegally entered in the 1990s with her parents when she was 14, was convicted in 2009 for felony criminal impersonation – using another person’s social security card. Federal felony categories are here. De Rayos’ conviction was a Level 6 felony in Arizona – the mildest in the state’s categories.
In 2013 she was the subject of a removal order, but she also was the subject of court-ordered supervision, which meant she wouldn’t be immediately deported. De Rayos is the mother of two children born in the United States.
Daniel Ramirez Medina, a 23-year-old man who arrived in the U.S. at age 7 and had DREAMER (DACA) permission to stay in the country, was arrested who authorities say he violated DACA standards due to his being a gang member. DACA deferment is not allowed for those who “have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.”
Department of Homeland Security and the Justice Department will, I expect, repeat many times these kinds of arrest and deportation, first taking on cases that allow for immediate deportation without chance of a check by a court.
It will then probably expand the scope of its arrests to include those for whom a check by a court is possible. The January 25 EO (“Enhancing Public Safety in the Interior of the United States”) included persons with criminal charges, persons who “committed acts that constitute a chargeable criminal offense, persons who “ have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency”, and person who “have abused any program related to receipt of public benefits.”