Take These 10 Precautions Before Trump Takes Office

There are a number of measures that LGBTQ people, Asian Americans and South Asians, people of color and immigrants should do to protect themselves and their families under a Trump Administration.

Many of his proposals cannot take effect until well after he takes office on January 20, 2025. And even if Trump tries to eliminate everything that we have won, it is highly unlike anything can be retroactive. Applications filed today will usually be decided and granted on the basis of the laws and rules while Biden was in office. So take care of these soon. 

1. Transgender People – Change Name and Gender-Marker on Passport and Social Security Card

Since President Obama was in office, people have been able to change and update their federally issued identity documents, including gender-markers on passport and names on social security cards. Trump could change this. Apply and make and changes now.  Adult passports last 10 years so they will outlive a Trump presidency. 

Apply for a U.S. Passport from the U.S. State Department or change your gender marker. Change your name or gender-marker on your social security card. 

2. Young Undocumented Immigrants – Renew DACA 

Even though President Trump tried to cancel the Deferred Action for Childhood Arrivals (DACA) program created by President Obama, courts have stoppedhim. DACA has allowed undocumented young people to be free from deportation and gain work authorization.  If you have DACA now, file a mandatory renewal.  And now that many advocates and lawyers will be fighting to safeguard DACA, we did it before, we’ll do it again.

3. Get Health Insurance - Enroll Now 

If you do not have health insurance, you should apply for Obamacare through the federal system or one of your state health exchanges. Last time, President Trump and Congressional leaders tried to repeal and replace Obamacare but they failed. Open Enrollment is now. The more people who are enrolled now, the more difficult it will be to get rid of Obamacare. Efforts to repeal may also "grandfather" current enrollees and allow them to maintain their health insurance while declining to take any new people. Enroll here and if you need help enrolling, the Apicha Community Health Center can help you. 

4. Immigrants Eligible for Green Cards or Citizenship – Apply now 

Noncitizens who are eligible for a green card or to become a U.S. citizen, should file those applications now. These take several months to process, but becoming a permanent resident or a citizen substantially increases your security to live in America. If you have any criminal history or entered the U.S. without permission, consult an attorney before filing any paperwork.

5. LGBTQ Immigrants from Hostile Counties - Apply for Asylum 

LGBTQ people are persecuted in many countries.  Foreign nationals may seek political asylum in the United States based on their political opinion, race, religion, sexual orientation or gender-identity if they have a well-founded fear of being persecuted if they return to their home country.  Federal law has a strict one-year time limit for people to file an application from the date of entry. If you can gain political asylum, consult with an attorney and apply now. 

6. LGBTQ Parents with Children – Protect your Relationship 

If you are a same-sex couple and have a child, you should apply for a second-parent adoption or a joint adoption if you do not have a legally recognized relationship to the child, like birth.  Even if your name is listed on the child's birth certificate, that may not be enough.   

7. Same-Sex Marriage is Safe – Don’t get married if you don’t want to

In 2015, the U.S. Supreme Court decided that the U.S. Constitution protects the right for same-sex couples to legally marry. As an added protection in 2022, Congress also passed the Respect for Marriage Act codifying the right to same-sex marriage in federal law.  Trump cannot undo marriages or take the right away. There is no need to have to get married now. 

8. Personal Protections - Health Care Proxy & Living Will 

Trump may eliminate hospital visitation policies.  So it is prudent to have family planning protections in the event of a tragedy.   This includes a Last Will and Testament, Health Care Proxies, Medical and Financial Powers of Attorney, designation of guardians, and Living Wills.  It is not limited to couples but includes single people and people in more dynamic relationship and family structures. A lawyer can help. 

9. Need a Lawyer? – Ask AABANY 

The above are prudent steps to take but everyone’s legal situation is different.  To speak with an attorney for a legal consultation, contact the Asian American Bar Association of New Yotk (AABANY)’s Legal Referral Service in English, Chinese 尋找律師 or Korean 변호사 찾기

10. Share this message on LinkedIn or on social media

Magpantay & Associates is a nonprofit consulting & legal services firm. Glenn D. Magpantay, Esq. is a long-time civil rights attorney, professor of law and Asian American Studies, and LGBTQ rights activist. He is principal at Magpantay & Associates: a nonprofit consulting and legal services firm. In 2023, the United States Senate appointed Glenn to the U.S. Commission on Civil Rights to advise Congress and The White House on the enforcement of civil rights laws and development of national civil rights policy.
 
Before, he served as Executive Director of the National Queer Asian Pacific Islander Alliance. He practiced voting rights law at the Asian American Legal Defense and Education Fund (AALDEF). He chairs the LGBT Committee of the Asian American Bar Association of NY. He inspires new legal minds by teaching at Hunter College/ CUNY. Glenn attended SUNY at Stony Brook, and as a beneficiary of affirmative action, graduated cum laude from the New England School of Law, in Boston.

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