What Will a New Trump Administration Mean for Immigrants?

Trump made overhauling U.S. immigration policy a centerpiece of his campaign, promising to enact even stricter policies than he did in his first term. Most notably, he’s promised to carry out mass deportations of millions of immigrants living in the country without legal permission, deport foreign students who participate in anti-Israel protests, end President Joe Biden’s humanitarian parole programs for those fleeing dangerous situations such as in Haiti and Venezuela, and even do away with birthright citizenship.

Some policy changes will require Congressional approval. Others will require regulatory changes. And some can be done through executive actions and agency memos.

Policies changes to watch for, many of which are outlined in the Heritage Foundation’s Project 2025, include:

1. Mass deportations:
   • Prosecutorial discretion: The U.S. Department of Homeland Security has wide latitude to decide which immigration cases it wants to prosecute. DHS is expected to publish new guidelines for prosecutors. The guidelines may allow DHS prosecute cases against anybody suspected of immigration law violations, rather than focusing on noncitizens convicted of crimes or who pose a national security risk.
   • Speeding up deportation proceedings: The administration will be able to juggle Executive Office for Immigration Review resources to prioritize certain deportation proceedings so they take months not years. But major changes would require congressional authorization of additional funds to hire more immigration judges.
   • Expanding detention centers to hold up to 100,000 immigrants on any day, while awaiting the outcome of deportation proceedings.
   • Expanding the involvement of state and local police and in the enforcement of immigration laws.
   • Declaring a national emergency in order to use the U.S. military to assist with mass deportations, such as redirecting military funding to build detention centers and assigning federal troops to enforce immigration laws.
   • Increasing “expedited removal” (with no immigration court hearing) from areas near the border to anywhere in the country for undocumented people who cannot prove they have lived in the U.S. for at least two years.
   • An increase in immigration raids
2. Slashes to refugee admissions
3. Canceling President Biden’s parole-in-place program to allow certain undocumented spouses and children of U.S. citizens to apply to remain legally in the U.S. with work authorization and, subsequently, to apply for adjustment to lawful permanent resident (LPR), i.e., green card status.
4. Stricter public charge rules for family-sponsored immigraiton
5. Reimplementing the “Remain in Mexico” program of forcing non-Mexican citizens to wait in Mexico while their asylum cases are pending.
6. Reinstating the so-called Muslim ban
7. Terminating the legal status of Dreamers (Deferred Action for Childhood Arrivals)
8. Shrinking Temporary Protected Status (TPS) programs offering legal protections and work authorization to nationals of countries designated as unfit for return due to ongoing armed conflicts, environmental disasters, or other extraordinary conditions
9. Trump also said he plans to end birthright citizenship for children born in the U.S. to parents who are in the country illegally. This would require a reinterpretation of the 14th Amendment and is expected to face intense legal challenges.

Together, those likely policies amount to a broad assault on immigrants. As a lawyer, I believe in the rule of law and the need to increase compliance on the southern border and in other parts of our immigration laws. But the Trump administration’s likely policies are not well-tailored to suit America’s interests. It is in America’s interests that U.S. citizens and lawful permanent residents are reunited with their spouses, children, and parents. That’s what it means to be pro-family. It is in America’s interests to use immigration to bolster our economy and national security by bringing the best and the brightest to our shores. And to do the dirtiest and most backbreaking of jobs that are essential to our economy but go too often go unfilled. And it is in America’s interest to promote solutions to international refugee and humanitarian crises, which means–in part–taking in a fair share of refugees and other noncitizens requiring humanitarian assistance.

Our law firm will be monitoring such policy changes, providing “know your rights” seminars, and looking for creative ways to advocate for our clients’ interests.