Undocumented While Black: Navigating the Complex Landscape of Residency and Rights

The Center for Migration Studies estimates almost 12 million undocumented people live in the United States. About 5.6% of this population includes Black undocumented immigrants, and 6% of these Black undocumented people live in the DFW area. 

Amid threats of deportation, though, how do immigrants protect their rights, their respect, and their residency? Regardless of anti-immigration efforts, the rights and liberties of undocumented persons in this country have not disappeared. In fact, they should be duly exercised. By any means necessary. 

Fighting Back

In light of recent protests, some Dallasites feel that immigrants need to be heard loud and clear. Especially now, amid a new wave of bias, discrimination and misinformation. Thousands of immigration allies lined the streets of downtown Dallas on March 30. Most were there in protest of Trump’s elimination of DEI as well as his newest deportation and detention policies. Many agree with the sentiment that this president has contributed to an unnecessary air of fear surrounding undocumented persons. 

Immigration advocates at the protest certainly agreed that immigrants, regardless of status, deserve respect and representation in their communities. Some also cited a need for participation in local democracy.

One individual who has formidable experience battling the red tape surrounding these issues is Immigration Attorney Ann Badmus. As a dedicated advocate, Badmus works to help immigrants on their paths to residency.

Badmus spoke to Dallas Weekly about how immigrants and undocumented persons in the U.S. may have a tougher time achieving citizenship in the new Trump administration. She also explained some of the basic steps needed to get the citizenship process started. 

Immigration under Trump 2.0

In Trump’s second term, his administration has made it clear that undocumented persons are at a great risk of not just deportation, but unethical detention. Surprisingly, Trump’s deportation numbers are below Biden’s at this point in his term, Badmus indicated.

“Despite the Trump regime saying that we’re going to, you know, round up as many people as possible. There’s just not enough manpower at this point,” Badmus said. 

However, many undocumented persons facing ICE detention centers are those without prior criminal records. Undocumented people without a legal advocate are being arrested and locked in centers at alarmingly high rates. 

Due to the variety of legal processes immigrants must begin to avoid potential deportation and detention, Badmus emphasized the importance of consulting with an attorney early on. Having legal counsel may be the best way to navigate a pathway to permanent residency.

“Immigration Law is very complex, and it is also kind of limited in terms of how people can get and maintain legal status,” Badmus said. “So, it’s really important for immigrants to really get the right legal advice. Don’t depend on friends, movies, words, that kind of thing. While it may sound identical to what you’re saying, every individual’s situation is different.”

Immigration Made Easy

When she founded her law firm Badmus and Associates, she also created a unique immigration program within the firm. Called Immigration Made Easy, her program has helped several people get closer to their American dream. Although Badmus admits there is almost nothing easy about the immigration and citizenship processes, the right tools and support makes it easier. 

“What we do is consult with individuals who want to get and maintain either temporary or permanent legal status. First, we look at their goals, background, and immigration history. Next, if possible, we resolve past issues to get them back on track,” Badmus explains. “Allowing attorneys to give you the right advice can get you on the right path to legal status.” 

Knowing Your Rights

Attorney Badmus next covered the basics of obtaining U.S. citizenship, emphasizing the importance of adhering to visa requirements. 

“You don’t want to come here and start doing things that are not within the specific limits of that visa. For example, entering the US as a visitor does not grant you permission to earn income. If you start working a job, you will be in violation of that visitor visa. As a result of that visa violation, you can be removed from the US. Even if you still have an unexpired visa. So, you really want to be careful, especially if you want to have a long-term solution. To stay in the US, or to maintain the legal status that you have, don’t overstay.” 

While immigrants pay taxes and can own property in the US, they do not enjoy all the legal protections afforded to citizens. And face several barriers to government benefits. Despite these difficulties, Badmus explains that even non-citizens and undocumented persons in the US have rights.  

“Even if you are undocumented, you have rights, provisional rights. You have rights that every American should have,” Badmus explained. “If you are approached by the immigration authorities or even other people questioning you about your immigration status, know what your rights are there.”

For example, the right to remain silent about their immigration status and right of refusal to search, among other rights.

Black Immigrants Under Further Pressures

Badmus also explained how Black immigrants are particularly at risk of further discrimination within the immigration system. 

“There is definitely a view by the government that the applicants from African countries are not qualified to be here,” Badmus said.

In fact, it’s harder, Badmus continued, for Black immigrants to retain a job and a sponsor compared to Hispanic, Asian or European immigrants. 

“For example, [if you’re a Black immigrant in the US] and you’re trying to get a job after you have finished your studies, here you might have some experiences that are similar to Black Americans,” Badmus said. “I see more also Black immigrants unable to find that kind of sponsorship that you might see from others, that you might not see as much from other places where they’re not. It’s not as easy for them to get the kind of employment and sponsorship needed. And so sometimes they do become undocumented because they don’t get that sponsorship.”

Though it may seem logical for undocumented persons to advocate for themselves in situations where they are being actively targeted for discrimination, Badmus says visible advocacy for undocumented persons may bring unwanted attention from authorities. This is why citizen advocates and allies are essential to an undocumented persons support system. 

“If you’re undocumented, you [already] live with a big risk. If you are active in advocacy and prominent, you can be noticed for that. That could bring you to the forefront of being targeted for removal from the US. Because being undocumented alone is enough to have you removed.”

Black Immigrants in a “Welcoming” City

Though Dallas is technically considered a Welcoming city, it may still be difficult for Black immigrants to the US to find community. 

“A lot of times, the only idea people have of immigration is that coming from South America or Mexico,” Badmus explained, “and are not necessarily thinking of all the other people from all over the world that come to the US and actually do have immigration concerns when they come here. All while trying to fit in and deal with those issues that come up for immigrants as well.”

Moreover, finding support systems, while crucial, can also be difficult for immigrants. Black immigrants, especially in Texas, may find comfort in Black community groups in local churches and similar organizations. 

“[In] the Black community, I think we are pretty open to accepting of the Black diaspora, people from other parts of the world that are Black as well, even just to traditional organizations like the NAACP as an example,” Badmus explained. “In terms of advocacy, there are a lot of immigrant focused organizations out there.”

Finding A New Home in Dallas

As a Welcoming city, Dallas partners with various migrant and refugee organizations including IRC and the Welcoming Communities and Immigrant Affairs Taskforce. 

“There is an organization called Welcoming America, and what they do is certify cities as welcoming to immigrants and refugee communities. Cities go through the process by showing how they are actually reaching out and helping immigrants to integrate. Or to fit into the society, whether they come as refugees or they’re undocumented or they’re documented immigrants from all areas of the world. Dallas is one of the first [cities] that actually got onto that program.” 

Badmus’ final and most important message to undocumented immigrants worried about surviving the second Trump term is to know and exercise their rights. And to find an attorney that will advocate for them. 

“You know, the government has never been like, not going to deport people,” Badmus said. “It’s always been there. What we’re fighting now is even beyond ICE. There are now other government agencies trying to really ferret out people in terms of their immigration status. So, it’s really important to know your rights.”