Watch Our Webinar on Trump’s Immigration Policies
Expect significant changes in the U.S. immigration system come January 20, 2025. President Trump’s Immigration Policies will be very different from those of Biden’s.
On December 10, 2024, we participated in a Zoom webinar hosted by the United Nations Agency of the USA (San Fernando Valley Chapter) discussing these upcoming changes.
We discussed the following subjects:
- Mass Deportations
- Building a Wall
- Muslim Travel Ban
- Asylum, TPS & DACA
- Temporary Work Visas
- Green Cards
- Birthright Citizenship
- Denaturalization
Mass Deportations – Trump’s Immigration Policies
To achieve his goal of deporting millions of persons annually, Trump has stated his intent to expand a form of deportation that does not require due process hearings which would be accomplished by the expedited removal authorities of 8 U.S. Code § 1225; invoking the Alien Enemies Act within the Alien and Sedition Acts of 1798. 
This is certain to be challenged in Federal Court.
Since cases in the Immigration Courts are already backlogged for many years, as a former INS prosecutor, I expect that immigrants will be placed into mass detention camps along the border between the U.S. and Mexico, and will be held on very high bail.
When they are unable to pay the high bail, they will face the following choice: Either remain in custody for years or be deported quickly. Given the choice, most will choose to be deported.
Tom Homan, Trump’s new “Border Czar” has stated that the focus will be on deporting dangerous criminals. However, mass deportations could result in separating many families since there are an estimated 1.5 million undocumented spouses of U.S. citizens present in the U.S. who have no criminal record.
- Know Your Rights: Prepare For Trump’s Mass Deportation Threats (NIJC)
- Letter to President Biden from 7 Senators Urging Him to Protect Certain Immigrants from Mass Deportations (12-9-24)
- How Trump’s mass deportation plan can use AI to extend immigration crackdown (CNBC)
Building a Wall & Imposing a Muslim Travel Ban
Trump’s Immigration Policies
Throughout the previous administration, the President promised to build a wall on the southern border and have Mexico pay for it.
He stated that “when Mexico sends its people, they’re not sending their best. They’re not sending you. They’re sending people that have lots of problems, and they’re bringing those problems. … They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”
However, by the end of Trump’s first term, only 452 miles had been built, much of it replacing outdated or dilapidated existing barriers. Mexico did not pay for any of this.
We do not anticipate that thousands of miles of border wall will be constructed in the coming administration.
On January 27, 2017, Trump issued an executive order banning the admission of travelers, immigrants, and refugees from 7 Muslim-majority nations. Both this and a 2nd travel ban were struck down in the Federal Courts.
However, in 2018, Trump’s 3rd travel ban was upheld by the U.S. Supreme Court in a 5–4 decision. President Biden revoked the travel ban on his first day in office.
It is very possible that Trump may impose new travel bans in the next administration. The legality of such bans will be litigated in Federal Court.
Asylum, TPS & DACA – Trump’s Immigration Policies
The New Administration will make it more difficult to obtain asylum in the U.S. They will reimpose the ban on persons subjected to domestic or gang violence from qualifying for asylum.
Another of Trump’s Immigration Policies will be to greatly reduce the number of refugees permitted to enter the U.S.
Asylum seekers attempting to cross the southern border will be subject to a new “Remain in Mexico” policy. Many persons granted asylum will be forced to resettle in 3rd countries.
Currently, certain persons from 16 countries are eligible to stay and work in the U.S. under the policy of Temporary Protected Status (TPS). It is expected that the New Administration will terminate most TPS programs and persons who do not agree to voluntarily depart the U.S. will be detained and deported.
Any attempt to end DACA (Deferred Action for Childhood Arrivals) will be problematic. Trump attempted to cancel DACA during his previous administration, but lost in the Supreme Court.
In a December 2024 interview on Meet the Press, when Trump was asked whether he wanted DACA recipients to be able to retain in the U.S., he answered “I do” and said that he would work together with Democrats to make this happen.
Legal Immigration – Trump’s Immigration Policies
- Temporary Work Visas
In the previous Trump Administration, it became more difficult for college-educated professionals to qualify for temporary working visas.
For example, prevailing wage requirements for H-1B visas for professionals were raised, the USCIS increased the number of Requests for Evidence (RFEs) and denials. Computer professionals were frequently denied H-1B status on the basis that a Bachelor’s degree was not a requirement for their jobs.
We expect that the coming Administration will tighten the requirements for foreign-born persons to qualify for H-2B, J-1, L-1 and O visas as well.
Foreign-born spouses of E-2, H-1B and L-1 visa holders may no longer be able to obtain employment authorization.
- Green Cards
In 2017, then President Trump endorsed the RAISE Act which would have reduced the number of green cards issued annually by over 50%.
The bill would have dramatically reduced the number of family-based categories, imposed a cap of 50,000 refugee admissions annually, ended the DV lottery and eliminated the current model of employment-based immigration replacing it with a points system.
The bill failed to pass Congress. However, the President sharply reduced the number of refugees admitted to the U.S. and the closing of US Embassies during the COVID pandemic resulted in a dramatic decrease in the number of family-based green cards.
In addition, the Administration’s failure to hire a sufficient number of employees to fill vacant positions at the USCIS and requiring in-person interviews for employment-based green cards resulted in a huge increase in processing times for green cards and other categories of immigration benefits.
We expect the upcoming Administration to copy it’s previous playbook in order to decrease the amount of immigration benefits given to foreign-born individuals.
- Birthright Citizenship
According to the 14th Amendment, everyone born on U.S. soil is automatically an American citizen, so long as the parents are not foreign diplomats.
In 2018, President Trump stated that he intended to sign an executive order to remove the right of citizenship from people born in the U.S. to foreign nationals.
He never did so. If he does so in his new administration, there will be a legal battle which will wind its way through the courts for years.
- Birthright Citizenship in the United States
- Countries with Birthright Citizenship
- Trump Is Gunning for Birthright Citizenship
- Denaturalization
In 2008, a CBP (Customs and Border Protection) officer identified 206 persons who used different names or other biographical information to gain US citizenship or other immigration benefits. This occurred because ICE (Immigration and Customs Enforcement) did not consistently add digital fingerprint records of immigrants whom agents encountered until 2010.
In 2016, the DHS (Department of Homeland Security) Office of the Inspector General issued a report entitled Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records.
A person is subject to denaturalization if:
* The naturalized U.S. citizen misrepresented or concealed some fact;
* The misrepresentation or concealment was willful;
* The misrepresented or concealed fact or facts were material; and
* The naturalized U.S. citizen procured citizenship as a result of the misrepresentation or concealment.
