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What to Expect From Immigration Policy in the (Second) Trump Administration
Contributor: Van T. Doan
Changes in presidential administrations often bring changes in immigration policy. That is especially true when a different party comes into power. At this writing, Donald Trump was recently declared the winner of the American presidential election, and he campaigned heavily on sweeping immigration changes.
While there is almost always some gap between what gets promised on the campaign trail and what actually becomes policy, it’s wise to take a look at campaign promises for guidance about intended policy. Here are some of the things Donald Trump has asserted he will do regarding U.S. immigration policy, and what immigrants and their families should do to protect themselves.
Attempts at Mass Deportation
One of Trump’s most vocal campaign promises has been “mass deportations” of undocumented immigrants starting early in his administration. He won’t be able to carry out these deportations on “Day One,” as he has promised, but it is likely this will be a priority.
By Department of Homeland Security estimates, there are approximately 11 million people in the U.S. without legal authorization. Obviously, it would be logistically impossible to remove that many people from the country quickly. It is likely, based on the statements of Trump and his advisers, that the administration will prioritize the deportation of undocumented immigrants with criminal convictions, and those with final removal orders from an immigration court.
Since over a million people have final removal orders, that phase of deportations alone could take years to complete. The effort would be cost- and labor-intensive as well as time-intensive. Trump has promised to quadruple the number of ICE officers, which would itself take a lot of time and training. In the meantime, Trump has confirmed that his plans for mass deportation will include declaring a national emergency so that he can use the U.S. military to aid in removals.
Even if Trump is unlikely to be able to carry out as many deportations as he has promised, as quickly as he has threatened, his policies will still pose a threat to undocumented immigrants in this country. If you or someone you love are undocumented, you should consult an immigration attorney as quickly as possible to explore your options.
Termination or Restriction of Parole and Temporary Protected Status (TPS)
To prevent migrants from crossing the border illegally, the Biden administration established a visa-free humanitarian parole process. The program allowed certain residents of Cuba, Haiti, Venezuela and Nicaragua to enter the U.S. legally so long as they were vetted and had a U.S.-based sponsor. Over half a million people from those countries took advantage of the program, receiving permission to live and work in the U.S. for two years. Immigration experts expect this program to be terminated almost immediately after Trump takes office.
Another program that is under threat from a second Trump administration is Temporary Protected Status (TPS). Temporary Protected Status allows foreign nationals to remain in the United States on a temporary basis if they would be in danger due to armed conflict, natural disasters, or other emergencies in their home country.
As the name states, the status is temporary, but is often renewed repeatedly if circumstances in the home country warrant. Not only does TPS prevent foreign nationals from deportation, it allows them to obtain work authorization. Unfortunately, severe restrictions to TPS are expected early in the second Trump administration.
The Return of “Remain in Mexico”
In January 2019, the first Trump administration implemented the Migrant Protection Protocols (MPP), informally referred to as “Remain in Mexico.” The policy required non-Mexican asylum-seekers, mostly from Central American countries, to remain in Mexico while they awaited hearings regarding asylum. It is expected that “Remain in Mexico” will again become official policy almost immediately in Trump’s second term.
Deactivation of the CBP One App
Migrants seeking asylum in the U.S. during the Biden administration have been able to set up appointments for that process through a mobile phone application called CBP One. Proponents of CBP one said it would create a more orderly process for seeking asylum; opponents complained that it allowed people into the U.S who shouldn’t be in the country. Expect that the incoming Trump administration will disable this app almost immediately.
DACA is Likely to Be Rescinded
Donald Trump tried to end the Deferred Action for Childhood Arrivals (DACA) during his first term. Given the emphasis on immigration in his 2024 campaign, it is all but certain that he will try to do so again.
DACA protects immigrants who were brought to this country as undocumented children from being deported to a home country they may not even remember. This temporary protection allowed young adults, often called “Dreamers,” to legally live and work in the United States so long as they met the program’s requirements. It is estimated that there are just over 578,000 DACA recipients.
As of November 2024, current DACA recipients can apply for renewal of their DACA status, but new applications are not being accepted. If you are a DACA recipient and your permit expires in 2025, you should apply for renewal as soon as possible to protect your status for another two years.
End of Birthright Citizenship
Donald Trump has also asserted that he wants to end “birthright citizenship” for the children of undocumented immigrants born in the U.S. In other words, a baby born in this country to parents who are not legally in the U.S. would not automatically become a citizen if Trump is able to implement his intended policies.
The Bottom Line
There are many measures that Donald Trump and his administration will attempt to put in place in his second term, and few (if any) will be favorable to undocumented immigrants. If you are concerned about what a second Trump administration will mean for you or your loved ones, contact our law office as soon as possible to schedule a consultation.
Categories: Immigration Law
