Trump’s immigration policy: Moin outlines what Bangladeshis must do

The immigration attorney says staying outside the US for over a year without permission could risk re-entry

Bangladeshi citizens are facing a range of complexities under US President Donald Trump’s stringent immigration policy, immigration attorney Moin Choudhury has said.

“There is no alternative to following the law,” he said at a press conference hosted by Immigrants International at the National Press Club in Dhaka on Sunday.

Moin added, “I advise all Bangladeshi nationals to keep their paperwork updated at all times, avoid staying abroad for long periods, and consult experienced lawyers to understand the revised regulations.”

Moin, also the chairman of Immigrants International, elaborated on the Trump administration's tough stance on immigration.

“The US government has issued an executive order directing the deportation of unauthorised immigrants and stricter scrutiny of all visa categories,” he said.

“The initiative aims to bolster border security and enforce existing immigration laws.”

Moin said the US is no longer a “safe haven for criminals”.

“The days of fleeing to another country after committing murder, robbery, assault, or embezzlement are over,” he added. “The current administration has taken a very firm stance on this."

Moin also referred to the passage of the Laken Riley Act in the US Congress on Jan 29, which was passed by both Republicans and Democrats.

"Under this law, even minor crimes could lead to visa cancellation for non-citizens, and many students have had their visas revoked," he said. “People have been fined for petty offences.”

He explained that while earlier it was possible to confess to a minor crime and pay a fine to be excused, that option no longer exists.

Although no Bangladeshis have yet been deported, Moin noted that the US authorities are already monitoring the community.

“US Immigration and Customs Enforcement (ICE) will begin identifying unauthorised Bangladeshi immigrants and prepare to send them back,” he said.

Moin added, “Because the largest number of undocumented Bangladeshis are in New York, New Jersey, and Connecticut, diplomatic-level discussions are ongoing to ensure a respectful return process,”

Asked how many Bangladeshis are currently at risk of deportation, Moin said: “Unlike Middle Eastern countries, the US government doesn’t share such data with Bangladesh.

“We can only estimate based on people who’ve filed immigration cases or applied for asylum. Newspapers report the number to be several thousand.”

Green card holders and other visa holders are facing “more rigorous” questioning at airports, with Moin warning that spending more than 10 months abroad could result in the loss of permanent residency status.

He provided an example from the COVID-19 pandemic, where people who returned after two years did not face issues, but now even two-month absences are raising questions.

“If you stay outside the US for more than a year without proper reason or permission, they are not obligated to let you back in,” he said.

Regarding student visa processing, Moin said the waiting time is increasing due to the workload at the US Embassy in Dhaka, particularly for F-1 visas.

“With additional administrative checks in place, delays are expected to worsen, so applying on time and seeking legal assistance is crucial,” he advised.

He also noted delays in other visa categories, such as family reunification, H-1B, and H-2B work visas, due to stricter scrutiny and limited interviews.

“Applicants must be prepared to wait for long periods and ensure that their paperwork is fully ready,” the immigration attorney said.

He added that the executive order issued by Trump to restrict birthright citizenship is currently on hold due to a court ruling.

He cautioned against seeking government benefits on a tourist visa, especially for pregnant women, as this could lead to complications.

“When you go on a tourist visa, you show that you’re well-off, have a job, property, cars, and will return. But then if you use government services, like medical care, it can lead to future problems”, he said.

“So avoid doing this if you want to stay clear of trouble.”

Moin also pointed out that social media activity is now being reviewed when it comes to visa and citizenship decisions.