Parents who are not U.S. citizens should prepare a plan before any ICE encounter or detention, in case they are separated from their children. This includes designating a trusted adult as a temporary guardian in writing (a notarized caregiver authorization or standby guardian form), gathering copies of children’s birth certificates, immunization and school records, and giving the designated caregiver access to bank accounts or a limited power of attorney. Families should also memorize the phone number of an immigration attorney and a reachable relative, since phones can be confiscated during detention. A legal aid organization can help prepare this packet in advance, before it’s needed.

Asylum protects people already in the U.S., or arriving at a border or port of entry, who cannot return home because of persecution — or a well-founded fear of persecution — based on race, religion, nationality, political opinion, or membership in a particular social group. Applicants generally must file Form I-589 within one year of arrival, though exceptions exist for changed or extraordinary circumstances. Asylum can be sought affirmatively through USCIS or defensively in immigration court. Because deadlines are strictly enforced and the legal standard is demanding, anyone considering asylum should speak with an immigration attorney as soon as possible.

Most lawful permanent residents can apply for naturalization (Form N-400) after 5 years of continuous residence, or 3 years if married to and living with a U.S. citizen spouse. Applicants must show ‘good moral character’ for the statutory period before filing; USCIS reviews criminal history, tax compliance, child support history, and truthfulness on immigration forms. Certain convictions permanently bar naturalization, while others create a temporary bar. Even old or minor offenses should be disclosed and reviewed with an attorney before filing, since a denial can sometimes trigger removal proceedings.

As of 2026, DACA remains open only to renewals: current recipients can keep renewing their status and work permits, but USCIS is not accepting new, first-time DACA applications because of ongoing federal litigation over the program’s legality. If you already have DACA, file your renewal 120-150 days before it expires so status and work authorization don’t lapse. Because DACA’s legal status is being actively litigated and can change quickly, confirm current filing rules with an immigration attorney before submitting anything.

Expedited removal lets immigration officers deport certain noncitizens quickly, without a hearing before a judge, if the person can’t show they’ve been continuously present in the U.S. for at least two years. In 2026, federal courts allowed the government to apply expedited removal nationwide rather than just near the border, significantly expanding who can be affected. Anyone placed in expedited removal has the right to tell an officer they fear returning home and request a ‘credible fear’ interview with an asylum officer — this request should be made clearly and as early as possible, since it can pause the removal process.

Federal law (8 U.S.C. Section 1324) makes it a crime to knowingly harbor, transport, or conceal a noncitizen who is unlawfully present, in some circumstances. Enforcement has become more aggressive in recent years, including against family members, landlords, employers, and service providers. Simply living with, feeding, or driving a family member does not automatically constitute harboring, but the line is fact-specific and enforcement practices are shifting, so anyone worried about potential exposure — including nonprofits providing shelter — should get advice from an attorney familiar with current enforcement trends.

A 2026 federal law narrowed who can receive SNAP (food) benefits based on immigration status, phased in starting April 1, 2026. Eligibility is now generally limited to U.S. citizens and nationals, lawful permanent residents (some must wait up to 5 years after getting a green card, with exceptions for children, certain refugees, and people with 40 qualifying work quarters), and a few other narrow categories. Refugee or asylee status alone no longer automatically qualifies someone for SNAP. Current recipients see the change applied at their next redetermination on or after April 1, 2026 — contact your local HRA office or a benefits attorney about your specific case.

Immigration status affects which coverage programs a person can use. Lawful permanent residents, refugees, asylees, and other ‘qualified’ categories can generally enroll in Medicaid (sometimes after a waiting period) and buy subsidized coverage on the NY State of Health marketplace. New York separately funds Emergency Medicaid for anyone, regardless of status, who needs emergency treatment, and offers the Essential Plan and other state-funded options for lower-income immigrants who don’t qualify for federal Medicaid. Because these rules have been shifting alongside federal benefits changes in 2026, confirm current eligibility with a certified enrollment counselor rather than assuming last year’s rules apply.

Many immigrants with pending cases or orders of supervision must periodically ‘check in’ with ICE to confirm their address and case status. In 2026, these routine check-ins have increasingly resulted in on-the-spot detention, even for people who have complied for years with no criminal record. Before any ICE check-in: talk to an immigration attorney first, bring a trusted contact who can wait nearby (they generally can’t join you inside), leave a copy of your immigration file and attorney’s contact info with family, and have a childcare/emergency plan in place in case you’re detained during the appointment.

If ICE takes someone into custody, they generally have the right to remain silent, to contact a lawyer and their consulate, and, in most cases, to ask an immigration judge to consider bond. ICE must allow phone calls and should provide access to free legal orientation programs available at most facilities. Family members can try to locate a detained relative through ICE’s online detainee locator, and should contact an immigration attorney immediately, since cases can move quickly toward removal without legal help.

During any ICE encounter — at home, work, or in public — a person generally has the right to remain silent and doesn’t have to answer questions about immigration status or how they entered the country. ICE cannot enter a home without consent or a signed judicial warrant (an administrative ICE warrant looks similar but does not authorize entry) — it’s legal to ask an agent to slide any warrant under the door before opening it. A person also has the right to speak with a lawyer, and if arrested should clearly state they wish to remain silent and want an attorney before answering questions or signing anything.

First try to confirm the person’s location using ICE’s online detainee locator (using their name and country of birth, or an A-number if known). Contact an immigration attorney right away — if you don’t have one, reach out to a legal aid organization or bar referral line, since detained individuals face strict, fast-moving deadlines. Gather documents that could help the case (proof of U.S. citizen or LPR family ties, evidence of longtime residence, pending applications), and ask whether the person may be eligible for a bond hearing before an immigration judge.

Federal labor and employment laws — minimum wage, overtime, workplace safety, and anti-discrimination protections — generally apply to all workers regardless of immigration status. An employer generally cannot use immigration status to threaten or retaliate against a worker who raises a workplace complaint; doing so may itself be illegal retaliation. If ICE agents come to a workplace, employees still have the right to remain silent and aren’t required to answer questions about their own or coworkers’ immigration status; employers can decline to let ICE into non-public areas absent a judicial warrant.

Noncitizen survivors of domestic violence, sexual assault, or certain other crimes may qualify for immigration relief independent of an abusive partner, including a VAWA self-petition (available regardless of gender) for spouses, children, or parents of abusive U.S. citizens or lawful permanent residents, or a U visa for survivors who cooperate with law enforcement. These options generally don’t require the abuser’s knowledge, and information in a VAWA case is protected by law from disclosure to the abuser. Reach out to a domestic violence or immigration legal services organization, since these cases involve confidentiality rules a general practice attorney may not know well.

Immigration court is a civil, not criminal, court within the Department of Justice, where a judge decides whether someone in removal proceedings can stay in the U.S. Unlike criminal court, the government isn’t required to provide a free lawyer, so most people must find their own attorney or represent themselves. Hearings usually start with a short master calendar (scheduling) hearing and, if unresolved, proceed to a longer individual hearing where evidence and testimony are presented. Missing a hearing can result in an automatic deportation order, so keeping the court and any attorney updated with a current address is critical.

USCIS charges filing fees for most applications, and fees are updated periodically — always check the current fee schedule on uscis.gov before filing, since an outdated fee can get an application rejected. Some applicants qualify for a fee waiver (Form I-912) or reduced fee based on income, and certain humanitarian categories (some VAWA, U visa, and T visa applicants) have waivers built into the process. A legal aid organization or accredited representative can confirm current fees and whether a waiver applies before you submit a case.

NYIFUP is a publicly funded program, run jointly by The Legal Aid Society, The Bronx Defenders, and Brooklyn Defender Services, that provides free legal representation to detained immigrants facing deportation in New York City and nearby New Jersey immigration courts, regardless of income. It was the first program of its kind in the country, and detained immigrants with NYIFUP lawyers win their cases at far higher rates than those without representation. If a loved one is detained in the NYC area, ask the facility or an immigration attorney whether the case qualifies for NYIFUP representation.

In 2026, New York enacted new state-level protections limiting how state and local government cooperate with federal immigration enforcement. Local police are barred from entering into formal 287(g) agreements to act as immigration agents, existing ICE detention agreements with local facilities are being phased out, and state and local employees generally cannot use public resources to assist immigration enforcement or share personal identifying information with ICE except where federal law requires it. The law also strengthens protections around sensitive locations like schools, hospitals, and courthouses, and creates a new right for individuals to sue officials who violate their constitutional rights. Details are still developing — check with a legal aid organization for how this applies to your situation.

Under federal law, most noncitizens age 14 or older present in the U.S. for 30 days or more must register with USCIS (parents or guardians register children under 14), and those 18 and older must carry proof of registration at all times. In 2026, DHS made this registration process permanent through a new online form (Form G-325R) and has stepped up enforcement. Failing to register or carry proof can lead to misdemeanor charges and can be used as a basis for removal — if you’re unsure whether you’ve already registered through a prior visa, green card, or other filing, confirm your status with an attorney rather than assume it doesn’t apply.

A T visa provides temporary legal status to survivors of severe labor or sex trafficking who are in the U.S. because of that trafficking, who cooperate with reasonable law enforcement requests (with exceptions for minors and trauma), and who would suffer extreme hardship if removed. It allows the survivor to live and work in the U.S. for up to 4 years and can lead to a green card after 3 years. Congress caps T visas at 5,000 per year, but processing has slowed considerably in 2026 — decisions that once took 12-18 months are now commonly taking 2.5 to 3+ years — so early help from an anti-trafficking legal services provider matters.

TPS lets nationals of certain countries facing armed conflict, environmental disaster, or other extraordinary conditions live and work in the U.S. temporarily without fear of deportation to that country. TPS designations and expiration dates have changed rapidly in 2026 amid ongoing litigation — several countries’ designations have already been terminated, and others remain protected by court order but are considered vulnerable following a June 2026 Supreme Court decision. Because status can change on short notice, check uscis.gov’s TPS page or speak with an immigration attorney regularly rather than relying on outdated information.

Leaving the United States can have serious, sometimes irreversible immigration consequences depending on status. Someone with a pending asylum case, TPS, DACA, or certain green card applications generally should not leave without an approved travel document (advance parole) first, because departing without one can be treated as abandoning the application or trigger a reentry bar. Even lawful permanent residents can risk their status with trips that are too long or too frequent. Anyone with a pending case, prior immigration violation, or criminal history should talk to an immigration attorney before booking travel, not after.

Noncitizens authorized to travel — lawful permanent residents with a valid green card, or people with approved advance parole — should still expect closer scrutiny at U.S. ports of entry in 2026, including possible questioning about phones and social media. Carry all valid immigration documents, keep copies of travel authorization separate from originals, and know that CBP officers can ask questions and, in limited circumstances, request device access; travelers may state they don’t consent to a search, though the officer may proceed regardless. Consult an immigration attorney before an international trip, especially with any past immigration violation or criminal history.

As of 2026, a presidential proclamation restricts entry to the U.S. for nationals of dozens of countries: full entry bans currently apply to countries including Afghanistan, Haiti, Iran, Libya, Somalia, Sudan, Syria, and Yemen, among others, along with people holding Palestinian Authority travel documents, while partial restrictions apply to roughly twenty more countries. The list is reviewed periodically and can be added to or narrowed, so it should not be assumed to be static. Limited exceptions and waivers exist for some visa holders, dual nationals, and humanitarian cases — check the current list on travel.state.gov and consult an immigration attorney before booking travel.

A U visa is available to victims of certain crimes (such as domestic violence, assault, or trafficking) who suffered substantial abuse and who help, or are willing to help, law enforcement investigate or prosecute the crime. It provides temporary status, work authorization, and a path to a green card after 3 years, but Congress caps U visas at 10,000 per year, creating a backlog — over 400,000 petitions are currently pending. Because of the backlog, USCIS now grants many applicants a ‘bona fide determination’ providing work authorization roughly 20 months after filing, well before final approval. A victim-advocacy or immigration legal services organization can help determine eligibility.

Venezuela’s TPS designation has been the subject of extensive litigation through 2025 and 2026. As of mid-2026, termination of TPS and work authorization for the remaining group of Venezuelan TPS holders is expected to take effect in October 2026, following earlier terminations affecting other Venezuelan TPS holders under an earlier designation. Because this status has changed multiple times through litigation, Venezuelan TPS holders should check uscis.gov directly and speak with an immigration attorney about other possible relief, such as asylum, well before any termination date.