As threats of mass deportation grow, know the 5 categories of migrants the U.S. cannot lawfully remove.
Despite increasingly strict immigration policies in the United States, certain categories of immigrants are protected from arrest and deportation by U.S. Immigration and Customs Enforcement (ICE) due to their legal or procedural status.
The following groups of immigrants are generally exempt from ICE enforcement actions under current federal regulations and court rulings:
- Lawful Permanent Residents (Green Card holders)
- Naturalized U.S. Citizens
- DACA Recipients – Individuals protected under the Deferred Action for Childhood Arrivals program, which shields those brought to the U.S. as children without legal status.
- Asylum Seekers or Individuals with Pending Adjustment of Status Applications
- Visa Holders in Good Standing – Those who legally reside in the U.S. on valid visas and with no criminal history.
In the case of visa holders, it is crucial their documentation remains current and that they have no criminal records. Immigration advocates strongly advise all migrants—regardless of status—to carry their passports or official identification at all times to verify their legal standing if approached by ICE.
As immigration enforcement intensifies, many migrants are reportedly choosing to voluntarily return to their home countries rather than risk forced deportation. This trend has grown in response to threats of mass deportation and the possible revocation of temporary protections, such as Temporary Protected Status (TPS) or humanitarian parole.
This fear has also led many immigrants to seek asylum or status adjustment, which provides temporary protection while their legal case is pending before U.S. immigration courts.
In El Cajón, California, migrants are using mobile apps to track ICE activity, alerting users to potential raids or risky areas. These tools aim to protect vulnerable communities without interfering with law enforcement.
Former President Donald Trump, who is campaigning for re-election, has publicly promised a sweeping deportation campaign if he returns to the White House. He has also pushed for the termination of DACA, calling it an unconstitutional overreach, despite several federal judges ruling that existing DACA recipients must continue to be protected under current law.
Trump’s 2025 immigration plan echoes hardline strategies from his first term, including expanding ICE authority, deploying federal immigration judges to process cases faster, and removing protections from groups previously deemed low enforcement priorities.
However, legal challenges continue to block some of his broader efforts. Federal judges have reaffirmed that ICE must follow due process and cannot indiscriminately target individuals with pending asylum claims or active immigration petitions.
What Can Immigrants Do to Protect Themselves?
Immigrants are advised to:
- Attend all immigration court dates or USCIS appointments
- Keep updated copies of key documents
- Consult with a qualified immigration attorney
- Apply for protection programs such as:
- Asylum
- Green Card through family or employment
- Special Immigrant Juvenile Status (SIJS) for minors under 21 who meet specific criteria
While ICE continues to pursue individuals with criminal records or final removal orders, critics argue that agency tactics—such as deceptive practices during raids—violate constitutional rights. The Migration Policy Institute notes that ICE typically prioritizes individuals with serious convictions, though the line often blurs in practice.
As the 2024 election cycle intensifies, immigration remains a polarizing issue, with immigrant communities caught between evolving federal policy, legal protections, and the looming threat of political change.
