By Sara Montoya
The significant wave of immigration reform by the Trump administration has brought confusion and chaos to those trying to make a life for themselves in the United States, whether temporary or permanent. Educational institutions in particular struggle to keep up with the new regulations as students across the country are having their visas revoked — many without a clear answer as to why — and soon face deportation.
The Immigration Clinic at U of L is a vital resource offering free legal representation. Director Chris Kozoll, along with Dr. Cara Cashon, recently spoke to a group of graduate students about the current political climate, its impact on international students, and what the future of immigration might look like in the coming months.
ICE increase starting in May
Kozoll addressed a court order issued against immigration enforcement in Kentucky which stemmed from illegal stops and searches based on individuals’ physical appearance. More specifically, about those not appearing Caucasian.
ICE was sued as a result and barred from continuing those actions. However, the court order is set to expire in May.
“There’s great risk that they’re going to engage in illegal activity, but we don’t know. And that is the great problem over our time,” he said.
Protections and rights
Kozoll also discussed the heightened visibility of ICE on college campuses, a trend that has resulted in student detentions in some cases. The presence of agents can be intimidating, especially when they’re in plain clothes, but he stressed the importance of staying calm and knowing your rights.
Even if ICE approaches an individual, that person does not have to answer any questions. The Fifth Amendment, more commonly known as the right to remain silent, protects both citizens and non-citizens.
“If somebody walks up you on the street and starts asking about your immigration status, you do not have to answer those questions. You have a right to invoke your fifth amendment,” said Kozoll.
He also noted the increase in people cosplaying as ICE agents and taking people’s papers despite not being part of the organization.
“They have no authority to do that. Don’t incriminate yourself, especially with your documents,” he said.
It’s important to note that both options come with risk. Invoking the right to remain silent can also be grounds for detention (not deportation) if ICE believes they have approached the correct individual, which also goes for those who agree to show their documents.
New requirement for non-citizens
The federal administration quietly instated a requirement for non-citizens, stating they must carry their documentation with them at all times regardless of immigration status. This includes lawful permanent residents.
Those who are undocumented must register with the U.S. government or face criminal charges, fines of up to $5,000, and probable deportation.
Effective April 11, if a non-citizen is asked by any member of law enforcement for proof of documentation for a specific reason (traffic stop, state-issued order, etc.) they must provide it immediately. Failure to do so is now a misdemeanor offense.
Staying updated with documents
The point Kozoll emphasized most was that, unfortunately, there are still many unknowns at the moment. This is the first time in history there has been such a massive wave of visa revocations affecting international students.
“Right now, we’re seeing aggressive enforcement of the immigration laws, and without better knowledge, what appears from the outside is that it’s arbitrary enforcement,” he said. Without a clear understanding of the pattern behind the revocations, it’s difficult to determine exactly what immigration officers are targeting.
As lawyers work to assess the legal landscape of the detentions, Kozoll highlighted the importance of keeping visa forms accurate and up to date—including address changes—checking for any pending notifications from the consular office, avoiding international travel if possible, and always carrying a copy of proper documentation.
Immigration Clinic information
If you or anyone you know is in need of legal help related to immigration, they can call the Immigration Clinic’s number at (502)-852-6213 or email Kozoll at
christopher.kozoll@louisville.edu.