At a free legal clinic hosted by Hudson S.P.E.A.K.S. in New Jersey, New York-based immigration attorney Keshab Raj Seadie highlighted the risks immigrants face in the current political climate and the importance of acting swiftly to protect their rights. Addressing a packed room, Seadie emphasized the significant number of individuals at risk of deportation due to pending asylum cases, court proceedings, and Temporary Protected Status (TPS).
“Both the court cases and the pending asylum applications could take a negative turn, resulting in a significant number of people being at risk,” Seadie began. “We already have TPS holders—over 7,000 Nepalis, with around 1,500 facing deportation orders and over 1,400 Nepalis who are not protected by TPS and are also facing deportation. In addition, we have 15,000 Nepalis with pending asylum cases and court proceedings. When you add this group, we are looking at approximately 30,000 Nepali individuals who could be in serious jeopardy within a year—not immediately, but within a year—if the Trump administration speeds up asylum application processing.”
Seadie further explained the current situation at asylum offices, noting that interviews are still being conducted for cases dating back to 2017. “Right now, asylum offices are interviewing people whose cases date back to around 2017. That’s the latest update. So, they are processing cases from 2017, but under the Biden administration, this backlog accumulated. A Trump administration could take a completely different approach by expediting interviews, sending cases to court quickly, and ensuring the courts fast-track final orders of deportation.”
He predicted that under the Trump administration, the legal consequences for immigrants could escalate quickly. “If that happens, within one or two years, during the first two years of the administration, we could see around 30,000 Nepalis facing serious legal consequences.”
Seadie emphasized the importance of preparation, especially for those already under removal orders. “First, we have 3,000 Nepali people who already have deportation orders. These individuals are still moving around, traveling, and possibly working illegally. If they get picked up, what are their rights? They are under expedited removal, meaning time is of the essence. If they don’t act quickly, they could be deported within a couple of weeks or a month.”
He shared a personal story from 2001 to illustrate the rapid pace of deportation. “I remember a situation back in 2001 when I represented many Pakistani clients who had labor certifications and green card applications pending. Immigration officers would pick them up from Brooklyn, and when I went to bail them out, I was told they had already been transferred to another jail. By the time I got there, they had been moved again—sometimes to Louisiana. A few days later, I’d get a call from a new lawyer in Louisiana, only to find out that the client had already been deported to Karachi. Timing is critical.”
Seadie outlined several options for individuals in danger of deportation. “For those 3,000 Nepalis who already have removal orders, they should always carry the phone number of their immigration attorney. Their only options are: filing a motion to reopen their deportation case in court, or requesting a credible fear or reasonable fear interview due to changed country conditions—this could include changes in Nepal or personal circumstances such as religion, gender identity, or political beliefs.”
He added that the ongoing overcrowding in detention centers might work in some people’s favor. “One recent factor working in some people’s favor is that many detention centers are full. If there is no room in the jail, immigration authorities might release detainees and ask them to report back later.”
Turning to another group impacted by immigration policies—students—Seadie offered practical advice. “Now, let’s talk about another group—students. There are around 17,000 Nepali students currently in the U.S. on student visas. Many students want to work, but they must ensure they do so legally. Some students, like a person I know, applied for an economic hardship work permit. This allowed them to work legally for 20 hours per week during the school year and unlimited hours during the summer.”
He also discussed the Curricular Practical Training (CPT) program for students looking for off-campus work. “Another option for students is Curricular Practical Training (CPT). This allows students to work off-campus if their employer signs a cooperative agreement with their university.”
Seadie warned that future changes in immigration policy could create new risks for immigrants. “Nothing in immigration policy is permanent. Right now, this administration is heavily focused on immigration because it was a major campaign issue. But in six months, priorities could change due to war, a natural disaster, or another pandemic. However, while immigration enforcement remains strict, you must stay 100% compliant with the law.”
He specifically addressed the situation of TPS holders, advising them to take action before their status expires. “For TPS holders, I have repeatedly advised that they should apply for family-based or employment-based green cards before their status expires. Under the July 2022 Biden administration memo, if a TPS holder travels outside the U.S. and returns, they can receive an I-94 entry record that might allow them to adjust their status.”
Seadie’s speech concluded with a call to action for those facing immigration challenges. “For those who have already been deported multiple times or have serious criminal records, the situation is much more difficult. However, there are still some cases where a cancellation of removal might be possible.”
He urged immigrants to act promptly. “If you have the opportunity to transition to permanent status, do it while you still can. Don’t wait until you are at JFK airport, saying goodbye.”
Bishnu Maya Pariyar, program director of Hudson S.P.E.A.K.S. Against Sexual Violence, highlighted the event’s goal of educating the Nepali community in the U.S. on how to navigate challenges and avoid legal complications. The event at Hudson County Community College, attended by over 60 clients and community members, was co-hosted by Bolo Behan, Women for Cause, and TAP.
Immigration advocate Catherine Tansey educated attendees on their rights, especially regarding interactions with ICE agents. Kishor Panthi, Editor-in-Chief of Khasokhas, shared data on Nepalis in the U.S. facing deportation, TPS status, student visas, or pending asylum cases, highlighting deportation trends.
Bhavya Chaudhary from Hudson S.P.E.A.K.S. discussed the organization’s services for survivors of sexual violence. Ashmeen Kaur from Bolo Behan introduced support programs for South Asian women and families. Wilka Zuman from Northeast New Jersey Legal Services outlined free legal assistance for underserved communities.
Pradeep Thapa, IT Consultant at Hudson S.P.E.A.K.S. and Co-Founder of TAP, emphasized the importance of unity among organizations in addressing these issues. The event was moderated by Ashika Kandel, a Sexual Violence Advocate and Secretary of Women for Cause.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
