News of the sudden deportation of an Orange County, California couple who lived in the US for over 35 years and who have “never broken the law” has sent shockwaves through the immigrant community.

Some are pointing out that this case is part of a troubling trend during the Trump administration, where immigrants living in the US without legal authorization and with no criminal history are being detained during routine check-ins and, in some cases, deported.

 

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But you have to dig deep into this article to figure out that this couple (and their immigration violations) were included among the Trump administration’s enforcement priorities. This is because they already had a final deportation order.

According to a Los Angeles Times article, there are four major reasons why the Trump administration is deporting them:

 

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The couple entered the US in 1989 near San Isidro, California and applied for asylum in 1992. Most likely, they crossed the border without a visa or inspection.

Their asylum claims were denied and they were placed in deportation proceedings. The couple appeared before an immigration judge in March 2000 and agreed to leave the US voluntarily but instead remained and filed appeals on their cases.

That process finally ended in 2021, when they exhausted all of their appeals. There was an arrangement with the US Immigration and Customs Enforcement (ICE) that they would not be deported right away but would have to check in with ICE periodically.

When they came for their routine check-in in February 2025, ICE finally decided to send them back to their home country based on the final removal order.

 

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Can this couple ever return to the US?

As a result of the deportation, even with petitions by their US citizen daughters, the couple may not be eligible to return to the US for at least 10 years unless they are eligible to apply for waivers.

What could they have done? Rather than applying for asylum, this couple could have been petitioned by an employer when they first arrived, and they might have been US citizens by now.

If petitioned by their daughters but entered without inspection, they would have needed to be petitioned before April 2001, under Section 245(i).

While I sympathize with this couple, the Trump administration had already announced that among their enforcement priorities would be people who have final orders of removal but have not yet left the country.

Trump’s border czar, Tom Homan, noted that the “priorities will focus on public safety threats, national security threats and fugitives.” He further said that people who went through the deportation/removal process “got due process at great taxpayer expense and the federal judge ordered them removed, but they didn’t leave, and they became fugitives.”

In other words, if a person has been ordered deported but didn’t leave, they are fugitives and enforcement priorities. Homan believes deportation orders must be carried out; otherwise, they are meaningless. In other words, why order someone deported if they are not removed from the country? So, according to the Trump administration, remaining in the US after being ordered removed is not considered “law-abiding.”

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So you know, Homan’s stated enforcement priorities include:

• National security and public safety threats: Homan has emphasized that the initial focus of enforcement efforts will be on individuals who pose a threat to national security or public safety.

• Final orders of removal: Those who have been ordered removed by a federal judge but have not left the country will also be a priority.

• Convicted criminals: Homan has stated that there are over 1.5 million convicted criminal aliens with orders for removal who will be targeted.

• Gang members: Homan has also mentioned that thousands of gang members will be targeted.

• Illegal entrants: The new policy will also prioritize those apprehended at the border who are trying to enter the United States unlawfully.

• Those who have been convicted of significant or multiple misdemeanors.

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If you have a final order of removal, I strongly suggest you consult with an attorney before filing for any kind of immigration benefits, even a petition by a US citizen child or spouse.  In the past, if a person had a prior removal order, the government would sometimes agree to reopen and dismiss that case to clear the way for the person to secure legal status in the US.  But under Trump, they may not be as lenient or flexible.

As the Trump administration continues with mass deportations, there will be more news about instances like these that could cause great fear and concern among immigrant communities. Understanding the reasons behind immigration enforcement action is key. That’s why I’m committed to keeping you updated with the latest information and guidance.

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