Will Trump’s Big Beautiful Bill Turbocharge Immigration Enforcement?

Answer: Yes. The “One Big Beautiful Bill Act” (H.R.1) allocates between $170–200 billion for immigration enforcement, representing billions in new federal spending and billions of dollars dedicated to expanding ICE’s budget, staffing, and capacity. The Trump administration played a central role in shaping this legislation, prioritizing aggressive immigration enforcement and directing vast sums of dollars toward these efforts. Passed by Congress and awaiting President Trump’s signature, the bill marks the largest proposed expansion of federal immigration enforcement in U.S. history and is widely recognized as donald trump’s signature legislative initiative on immigration.

The bill’s passage through Congress has been major news, highlighting the timeliness and significance of this legislation. As a transformative piece of legislation, it increases deportations, reinstates family detention, and pressures local police to cooperate with ICE—often at the expense of healthcare, social services, and education funding. This article breaks down the bill’s provisions, real-world impacts, and what steps immigrants and allies can take now.

Table of Contents

  1. What Is Trump’s “Big Beautiful Bill”?
  2. Key Enforcement Provisions of the Bill
  3. How the Bill Will Affect Immigrant Communities
  4. Could the Bill Lead to Mass Deportations?
  5. Impact on Sanctuary Cities and States
  6. What Critics and Supporters Are Saying
  7. What You Can Do Now to Prepare
  8. Legislative Outlook and Timeline
  9. Frequently Asked Questions (FAQ)
  10. Call to Action: Protect Yourself with Legal Help

What Is Trump’s “Big Beautiful Bill”?

H.R.1, officially the “One Big Beautiful Bill Act,” is a $3.3 trillion reconciliation package passed by the 119th Congress. It combines tax cuts, spending cuts, energy provisions, and Trump’s immigration agenda. Trump, Republican leaders, and the GOP describe it as a “pro-growth, pro-security” measure. The White House played a significant role in the bill’s development and support. The name echoes Trump’s campaign language. Legislative activity around the bill was centered in Washington. The bill passed narrowly: 215–214 in the House and 51–49 in the Senate, with Trump casting the tie-breaking vote as president of the Senate.

Supporters tout it as a response to what they call “unprecedented” levels of illegal migration. The Federation for American Immigration Reform (FAIR) estimates 18.6 million undocumented immigrants are in the U.S. under current policies. The bill was approved by the Senate on July 1, and lawmakers and officials commented on its progress throughout July. The legislation significantly impacts federal agencies such as ICE and Customs and Border Protection (CBP), expanding their resources and enforcement powers. Critics argue that it throws open the floodgates for ICE funding at the expense of social safety net programs.

Key Enforcement Provisions of the Bill

  • ICE Budget Surge: Allocates $170 billion over 10 years, including significant new funding for enforcement. Includes $8 billion to hire 10,000 new ICE agents and nearly $1 billion in retention bonuses for Immigration and Customs Enforcement personnel.
  • Detention System Expansion: $45 billion would expand ICE detention from approximately 50,000 beds to over 200,000, resulting in a dramatic increase in detentions and creating a system that surpasses federal prison capacity, making detention centers comparable to prisons in scale and infrastructure.
  • Removal Operations: $14.4 billion supports aircraft, transportation logistics, jail intake, and deportation infrastructure.
  • Immigration Courts: $1.25 billion for immigration judges and staff. However, it caps judges at 800, which limits backlog reduction.
  • Border Wall & CBP: $46.5 billion for new wall construction; $4.1 billion for 8,000 CBP agents and officers, including expanded border patrol operations and increased collaboration with local law enforcement; $2.7 billion for tech surveillance.
  • Local Enforcement (287(g)): $650 million expands partnerships with local police, while $950 million reimburses local jails that hold immigrants for ICE.
  • Mandatory Detainers: Requires local jails to honor ICE detainer requests. Millions are allocated to update jail systems to share data with ICE.
  • Worksite Raids: $600 million to DOJ for immigration-related fraud and trafficking cases. $500 million goes to DEA operations. I-9 audits and worksite raids are expected to increase.

How the Bill Will Affect Immigrant Communities

  • More Raids & Arrests: Increased I-9 audits and ICE operations in homes, workplaces, and public spaces.
  • Indefinite Family Detention: Overrides Flores protections, allowing ICE to detain families—including children—without time limits.
  • Broader Criminal Record Targeting: Even minor or decades-old offenses may trigger deportation under new mandatory detention rules.
  • New Asylum and Work Permit Fees: $100 asylum application fee, $100/year processing fee, $550 for work permits, $500 for TPS renewal.
  • Impacts on Legal Immigrants and Students: F-1 students and H-1B professionals may face more compliance checks. SEVP continues to track international students; enforcement agents may request documentation at any time.

Could the Bill Lead to Mass Deportations?

  • Projected Goal: 3,000 arrests per day, 1 million deportations annually.
  • Historic Context: Trump’s peak deportation year (2019) removed 267,000 people.
  • Limitations: Due process, immigration court backlogs, and legal protections (e.g. asylum rights, humanitarian relief) remain.
  • Economic Consequences: Deporting 1 million per year could erase $1 trillion in taxpayer contributions, according to Cato Institute.

Impact on Sanctuary Cities and States

  • Federal Funding Tied to Cooperation: Non-cooperative jurisdictions could lose grants. Separate provisions prohibit sanctuary policies in places like D.C.
  • Litigation Likely: States such as California and New York are preparing constitutional challenges.
  • Local Law Enforcement Incentivized: 287(g) and Stonegarden grants make immigration enforcement financially appealing to underfunded police departments.

What Critics and Supporters Are Saying

  • Critics Warn:
    • Up to 6 million jobs lost in agriculture, construction, and hospitality
    • Mass fear and racial profiling in immigrant neighborhoods
    • Cuts to Medicaid, SNAP, and education harm low-income U.S. citizens
    • Human rights groups report cases of citizens wrongfully detained in ICE operations
  • Supporters Argue:
    • Targets only undocumented individuals and those violating immigration law
    • Provides critical funding to “secure the border”
    • Adds immigration court staff and transparency to removals

What You Can Do Now to Prepare

Legislative Outlook and Timeline

  • Signed Into Law: Expected mid-2025.
  • Spending Deployment: DHS to rapidly use funds through FY2029. Initial ICE hiring and construction starts in late 2025.
  • Midterm Politics: Republicans likely to campaign on border security; Democrats on protecting immigrants and restoring funding to social programs.
  • Already Underway: Even before enactment, ICE expanded expedited removal and increased local police partnerships via 287(g).

FAQs on the “Big Beautiful Bill” and Its Impact on Immigration and ICE Enforcement

What is Trump’s “Big Beautiful Bill”?
The “Big Beautiful Bill,” officially introduced as H.R.1, is a 940-page legislative package championed by former President Donald Trump and passed by the House in mid-2025. It merges tax reform, fossil fuel deregulation, and sweeping immigration enforcement policies, representing the centerpiece of Trump’s second-term agenda.

What are the immigration enforcement provisions of the bill?
The bill allocates $170 to $200 billion toward immigration enforcement. Major provisions include:

  • A massive increase in ICE funding
  • Mandatory E-Verify for all U.S. employers
  • Expansion of expedited removal procedures
  • Funding for detention facilities, deportation flights, and immigration judge hiring
  • Construction of additional border barriers and surveillance systems

When will these new immigration enforcement measures go into effect?
Some provisions are designed to take immediate effect (such as funding for ICE and CBP), while others will be phased in over months or years. For example:

  • Mandatory E-Verify will roll out over two years for all employers.
  • Increased ICE raids and arrests may begin as early as Fall 2025, depending on agency readiness.
  • Detention expansion could take longer due to procurement and construction timelines.

How will the bill be financed?
The immigration provisions will be financed through a combination of deficit spending and offsetting cuts elsewhere, including:

  • Deep cuts to foreign aid
  • Reductions in funding for refugee resettlement programs
  • Redirection of federal funding from civil rights and community grant programs
  • Revenue gains expected from corporate tax changes

Does the bill change immigration laws or just increase enforcement?
Both. The bill includes substantive immigration law changes, including:

  • Expanding grounds for inadmissibility and deportation
  • Allowing ICE to re-arrest individuals with closed cases
  • Reinstating and codifying Title 42-style summary expulsions
  • Limiting access to asylum and parole

Will this affect immigrants already in the U.S.?
Yes. The bill’s enforcement provisions will likely:

  • Increase ICE activity in workplaces, schools, courthouses, and communities
  • Target DACA recipients, TPS holders, and undocumented spouses for removal if they lack current protection
  • Reignite “silent raids” through I-9 audits
  • Create more detention risks for non-criminal immigrants

Does the bill affect legal immigrants and visa holders?
Yes. Legal immigrants could face:

  • Increased visa denials or revocations under new inadmissibility rules
  • Scrutiny of public benefits use
  • Employer compliance audits for H-1B, L-1, and other employment-based visa categories
  • Stricter visa renewal and adjustment of status review

What will happen to asylum seekers?
Asylum access will be severely restricted:

  • Most border asylum claims will be blocked or fast-tracked to denial
  • Asylum at ports of entry will be nearly impossible unless pre-approved through limited humanitarian slots
  • More applicants will be held in detention while awaiting removal
  • The bill supports returning asylum seekers to “safe third countries”, even if those countries are unsafe

What does it mean for DACA, TPS, or humanitarian parole recipients?
These groups are not protected under the bill:

  • DACA recipients may face loss of work authorization and deportation
  • TPS holders could be stripped of protection if their designation is revoked
  • Humanitarian parolees, including CHNV parolees (from Cuba, Haiti, Nicaragua, and Venezuela), could see their status terminated and face detention or expedited removal

Are there increased funds for ICE arrests and deportations?
Yes. The bill funds:

  • Hiring of thousands of new ICE officers
  • Expansion of the Criminal Alien Program (CAP)
  • Doubling the capacity of ICE Air flights
  • New technology to track and arrest visa overstays

How will the bill impact interior enforcement in sanctuary cities?
The bill contains provisions to:

  • Defund sanctuary jurisdictions
  • Mandate local law enforcement cooperation with ICE detainers
  • Allow DOJ to bring legal action against jurisdictions not complying with federal immigration enforcement

Does it allow ICE to deport people faster?
Yes. Through:

  • Expansion of expedited removal for undocumented immigrants nationwide, not just near the border
  • Removal of procedural safeguards, such as immigration court hearings
  • Reinstatement of “catch and return” procedures

How will the U.S. government track undocumented immigrants more aggressively?
The bill mandates:

  • Integration of federal databases to detect visa overstays
  • Use of biometric surveillance
  • Contracts with private tech firms to analyze social media and public records
  • Tracking of driver’s licenses, public utilities, and housing databases

Will immigrants in court proceedings be impacted?
Yes. Immigration judges will be encouraged to:

  • Accelerate removal proceedings
  • Deny continuances and motions to reopen
  • Limit options for relief such as cancellation of removal or asylum

What is the response of civil rights and immigrant advocacy groups?
Dozens of groups have condemned the bill as:

  • A “mass deportation blueprint
  • A “war on immigrant families”
  • A law that erodes due process and civil liberties

Many lawsuits are expected to follow if key provisions violate constitutional rights, particularly regarding:

  • Detention without due process
  • First Amendment violations linked to ICE social media monitoring
  • Discrimination and profiling

Are lawsuits already being filed against parts of this bill?
Yes. Legal groups are preparing challenges focused on:

  • Expanded expedited removal without court review
  • Mandatory E-Verify and discriminatory hiring outcomes
  • Infringement on states’ rights by overriding sanctuary policies
  • Deportation procedures for asylum seekers that conflict with international law

Will there be more ICE raids and home arrests?
Very likely. ICE is preparing for:

  • Mass enforcement operations targeting neighborhoods and workplaces
  • “Collateral arrests” of individuals not originally targeted
  • Deployment of mobile fingerprint units and real-time arrest teams

Is the funding permanent or temporary?
Funding is spread over 10 years, but includes language that:

  • Authorizes reprogramming of emergency DHS funds
  • Creates “deportation surge” authorities that future presidents could scale even further

How will this bill affect U.S. employers?
Employers face:

  • Mandatory E-Verify use within 2 years
  • Increased audits and ICE workplace inspections
  • Hefty penalties and criminal prosecution for hiring undocumented workers

Can local law enforcement now arrest immigrants for ICE?
Yes, in many cases. The bill incentivizes states to:

  • Sign 287(g) agreements allowing local officers to perform ICE functions
  • Share jail booking data in real time
  • Arrest based on civil immigration warrants

Is there any relief or waiver process for undocumented immigrants?
The bill eliminates or severely restricts many discretionary waivers. Relief like:

  • Prosecutorial discretion
  • Deferred Action
  • Parole in place for military families
    …would be either ended or narrowed.

How does this bill impact U.S. citizens with immigrant family members?
U.S. citizens could:

  • See their undocumented spouses or parents deported without notice
  • Face delays or denials in family petitions due to public charge or status bars
  • Be affected by surveillance or detainer activity during ICE operations

How can someone prepare or protect themselves legally?

  • Consult with an immigration attorney immediately, especially if you are undocumented, on DACA/TPS, or awaiting court proceedings
  • Know your rights during an ICE encounter
  • Secure copies of your immigration and criminal records
  • Explore pathways like family petitions, asylum, U-visas, or cancellation of removal
  • Sign power of attorney documents in case of detention

Take Control Before ICE Knocks—Speak with an Experienced Immigration Attorney Today

If you or a loved one is living in fear, anxious about workplace raids, ICE arrests, or fast-track deportations sparked by the massive enforcement funding in Trump’s “Big Beautiful Bill,” now is the time to act—not wait.

With over 30 years of experience, nationally recognized immigration attorney Richard Herman understands what’s at stake. He’s helped thousands of immigrants and families navigate crises like this—with compassion, legal strategy, and fierce advocacy.

A confidential consultation with Richard Herman can help you:

  • Understand how the new law affects your specific case
  • Identify any path to legal status or protection from removal
  • Prepare documents and family plans in case of detention
  • Defend against ICE actions before they reach your door

You do not have to go through this alone. Whether you’re undocumented, on DACA, a visa holder, or a U.S. citizen worried about a loved one, knowledge is power—and preparation is protection.

Book your consultation today:

Consultations are available in-office or virtually, and in multiple languages, including Spanish, Arabic, Mandarin, Russian, and more.

Your future and your family’s safety deserve more than guesswork—get experienced legal guidance now.


🧾 Immigration Enforcement and Legislative Resources

  1. Overview of Immigration-Related Spending and Policies in Federal Budget Bills
  2. U.S. Citizenship and Immigration Services (USCIS)
  3. Executive Office for Immigration Review (EOIR)
  4. U.S. Department of Justice – Civil Rights Division

🛡️ Know Your Rights During ICE Encounters

  1. New York City Mayor’s Office of Immigrant Affairs
  2. Montgomery County, MD – Gilchrist Immigrant Resource Center
  3. Sonoma County, California
  4. New Jersey Office of New Americans
  5. U.S. Representative Hakeem Jeffries – Immigration Resources
  6. U.S. Representative Darren Soto

⚖️ Immigration Court & Enforcement Guidance

  1. Department of Justice – Justice Manual
  1. EOIR – Legal Orientation Program (LOP)
  1. USCIS Appeals and Motions

🔍 Reporting ICE Abuse or Violations

  1. Office for Civil Rights and Civil Liberties (DHS OCRCL)
  1. Department of Homeland Security – Office of Inspector General

📞 Legal Help and Emergency Contacts

  1. DOJ IER Hotline (Discrimination Based on Immigration Status)
  1. EOIR Pro Bono Legal Provider List

Tattoo Artist Discrimination: HOA Seeks to Ban Artist at Tremont’s Lemko Hall

“Old” Tremont vs. “New” Tremont: Discrimination by HOA Against Custom Tattoo Studio After City Revokes Permit

CLEVELAND, OHIO —  A battle is brewing in Tremont — reflective of the tension between the old guard and the new wave of artists, entrepreneurs, and innovators that have revitalized the community to be the envy of urban neighborhoods around the country.

Renowned local tattoo artist, Chis Delaroso, has invested heavily in his dream of opening a body art/tattoo studio in the street-level, commercially zoned rental space in Tremont’s historic Lemko Hall at 2335 West 11 Street. The specific location of the studio is crucial, as zoning compliance depends on the site’s proximity to residential and other regulated uses.

Tremont Is “Perfect”

When asked why Tremont, Chris says that “It’s the perfect place! It’s Cleveland’s center for artists and creatives, and that’s where I am meant to practice my art.” The project is a proposed development within the building, subject to city and county zoning and planning review.

After being approved by the City of Cleveland, and investing close to $10,000, that dream is about to be erased: due to errors by the City of Cleveland and opposition by Lemko Hall Condominium Association.

City Approves (In Error), Then Rescinds Zoning Permit

First, the City of Cleveland approved his zoning application in March, 2025. The city had previously adopted zoning ordinances that regulate the location and operation of businesses like tattoo studios. Based on this approval, he signed a 2 year lease with Cleveland Property Rental, which is owned by Dr. Kimberly Chen, a respected Cleveland-based physician.

After the City’s approval, Chris spent close to $10,000 in renovations, equipment and furnishings for the West 11th studio. See embeded pictures of this beautiful, welcoming space. As required by the zoning application process, a map of the site was submitted, showing the layout and intended use. No work or business operations were allowed to advance before the necessary permits were granted, in accordance with city and county regulations.

The relevant city department, such as the planning or zoning department, is responsible for reviewing and processing such applications. Fees are generally required for obtaining permits and variances for businesses like tattoo studios.

However, the City rescinded its earlier zoning approval, and now states that the tattoo parlor is prohibited from operating without a zoning variance (due to being within 1,000 feet of residential and similar business). The city’s official determination cited zoning compliance concerns. The line between reasonable regulation and unconstitutional restriction is often at issue in such cases.

Hearing for Zoning Variance Set for 6.30.25

Chris and Dr. Chen, both clients of the Herman Legal Group, filed for a use variance with the Cleveland’s Board of Zoning Appeals. Developers proposing new projects in Tremont must comply with zoning and planning regulations, and projects must be carefully planned to comply with local regulations. The preliminary development plan generally includes site maps and descriptions of intended uses.

The public hearing is set for Monday, June 30, 2025 at 9:30 am

Cleveland Board of Zoning Appeals, 601 Lakeside Avenue, Room 516, Cleveland, Ohio  (Calendar No. 25-096).

The public may choose to participate by WebEx by calling the Board at 216.664.2580 or emailing them at boardofzoningappeals@clevelandohio.gov.

Lemko Hall Condonimum Association Seeks to Ban the Tattoo Studio, in Violation of the Association’s Bylaws and In Violation of Dr. Chen and Chris’ Property and First Amendment Rights

However, even a bigger obstacles for Chris and Dr. Chen, is that the Lemko Hall Condominium Association opposes the opening of the tattoo studio, claiming that the condo regulations, which expressly prohibits pornography shops, massage parlors, bars, and pawn shops, also restricts the street-level Commercial Units owners from renting to any business it feels “is not consistent with the residential character of the condominium.” The subject of the dispute is the compatibility of the tattoo studio with the building’s residential character.

The Board’s claim is not supported by law or by the regulations of the Condominium Association.

Nor is the Board’s claim based on accurate information.  Sadly, many people still clink to the tired, old stereotypes of tattoo shops from 30 years ago, as unclean, attracting undesirables, and a blight/nuisance in the buildings they inhabit.

This of course is the exact opposite of the body art/tattoo studio industry of today.

The New Tattoo Industry Is Prevalent, Strong, Ethical

The tattoo art industry in the U.S. has grown to nearly $900,000,000 in revenue in 2024. Tattoo studios often seek to expand into new locations but face challenges due to zoning restrictions. The modern tattoo industry serves a diverse range of persons from all walks of life.

Again, the NEW body art/tattoo studio industry is not reflective the OLD image of seedy tattoo parlors of the past.  The new industry, particularly as practiced by Mr. De La Rosa, is just as likely to provide custom body art to someone in their 20s, as to their parents or even grandparents.  The acceptance and prevalence of tattoos can be seen daily as you walk down the street, stop at the workplace water cooler, or attend church service.

The Lemko Hall Board has made its decision to stop Chris from pursing his dream at 2335 West 11th without input from him nor Dr. Chen. Decisions about land use and business operations are typically made collectively, and not by a single board, to decide what is best for the community. Neighbors also play a significant role in influencing zoning decisions and regulatory outcomes.

Chris invited the President of Lemko Hall, to visit his studio to provide an opportunity to learn more about his amazing art work, how he schedules clients and runs his business, and how he intends to be a great neighbor and asset to the community.

The Board President declined.

Dr.  Chen has clearly stated that she would never rent to a tenant who she believes would compromise the health and safety of the public, including the tenants at Lemko Hall. As an immigrant from Taiwan, coming from an entrepreneurial family who lived in residential buildings but rented to businesses on the lower floors in Taipei, Dr. Chen respects and values the symbiotic relationship between entrepreneurs and the buildings and neighborhoods they are located in. The owner’s legal rights and responsibilities under zoning and HOA regulations are central to this dispute.

Chris’s Studio Is an Example of the Rich History of Entrepreneurialism in Tremont

In fact, this is the history of immigrant-owned businesses in Tremont dating back over 100 years:  residents living above street-level businesses.

Mr. Delarosa’s studio is first rate and serves as an enhancement of the building.  Please see the attached photos, which indicates the pride and professionalism that he has in his craft. The site is subject to ongoing zoning and planning review.

His studio would not act as a disruption to the building, would not change the external visual aesthetics of the building, would not generate noise or parking problems, or odors, and would not compromise public safety. The value of parks as part of the neighborhood’s facilities is also an important consideration in urban amenities.

His business bears no resemblance of the traditional tattoo parlors of 30 years ago — places to go after the bars close, to get quick art.

His designs are custom made, that often take many hours to create BEFORE the client arrives for a scheduled appointment.

Nothing about this proposed business would be inconsistent with the normal commercial activity of the neighborhood.  It would add value to not only the neighborhood but also to Lemko Hall. The importance of public and private facilities, such as parks and schools, is recognized in urban planning, and the placement of different types of businesses in various locations is key to a well-organized neighborhood.

“Lemko Hall, while benefiting from Tremont’s global reputation as Cleveland’s center for artists and creatives, seeks to block local tattoo artist and entrepreneur from opening up his studio,” Says Attorney Richard T. Herman

It is also important to point out work that Mr. De La Rosa and other tattoo artists play in helping “heal” those who are suffering with disfigurements.  I encourage you to research the role of micropigmentation work with vitiligo and mastectomy clients, as well as prosthesis reconstruction.

Tattoo Art Is an Ancient and Reverred Form of Self-Expression, Protected by the First Amendment

In our zoning hearing for Monday, the applicants will also remind the Board of the First Amendment protections that Mr. De La Rosa and Dr. Chen enjoy relating to an arbitrary ban on constitutionally protected artistic and symbolic speech. Legal grounds for challenging or denying business operations under zoning laws will be discussed, and similar regulations apply to other uses, such as schools, which also require permits and compliance.

It is no exaggeration to say that tattooing is among our most ancient art forms, dating back thousands of years.

Tattoos are a unique means of communicating.  There is literally no alternative to tattoos as a means of making a permanent and personal commitment to the expression or concept portrayed by a tattoo.  As symbolic speech, there is no equivalent to the statement made by a tattoo.

A peace symbol, a lover’s name, a dead child’s name or image, a cross or other religious symbol tattooed on a person’s body for display to the world or as a private remembrance is both personal and permanent.

The very indelibility of a tattooed symbol makes a statement that can not be made by another means.

Many tattoos are intended to make a specific statement, and arbitrary governmental efforts to curtail that expression will violate the First Amendment. The city’s interest in protecting public health and safety through zoning regulations must be balanced with constitutional rights, and such restrictions should be limited in scope to avoid overreaching.

In modern Japan, tattoo artists are addressed by a word that translates somewhat along the lines of “maestro.”

Chris is a “maestro.”  He deserves the opportunity to practice his art in Tremont at Lemko Hall.

Chris and Dr. Chen are available to discuss their case. An official letter was sent by the city regarding the status of the zoning application. The need for strategic planning is clear, and having a comprehensive plan for land use and business development is essential for the community.

Background on Lemko Hall

Lemko Hall stands as a historic landmark in the heart of the city, uniquely positioned at the crossroads of residential areas and a vibrant mix of commercial uses. The building itself is surrounded by a diverse array of businesses, from pawn shops to tattoo parlors and even medical marijuana dispensaries, reflecting the city ordinance’s intention to foster a dynamic, mixed-use neighborhood. While the city staff has worked diligently to promote the area as a hub for creativity and commerce, the city ordinance also imposes important restrictions on what types of businesses can exist within its boundaries. These rules are designed to balance the interests of property owners, businesses, and residents, ensuring that public health and safety remain a top priority. As a result, certain commercial ventures require special exceptions to operate, especially when they are located close to residential areas. Despite these efforts to create a thriving neighborhood, some owners remain concerned about the potential impact of new businesses on the community’s character and well-being. This ongoing tension between growth and regulation is at the heart of the current debate over Lemko Hall’s future.


The Conflict Emerges

The seeds of conflict were sown when the Board at HOA, through its president, voiced strong objections to the proposed development of a new tattoo parlor within Lemko Hall. His concern centered on the belief that such a business would disrupt the building’s residential character. The HOA regulatiosn specifically prohibit such businesses as porno shops, massage parlors, and bars, but is silent as to tattoo studios.

The attorney representing the HOA has stated that commercial units are to be treated as residential units. However, this is not an accurate statement. The HOA regs clearly differentiate commercial units from residential: commerical are on the first floor, street level, and used for commerce; residenital are those units on the second and third floor, but can be used for business, if permitted by the city zoning laws.

Notwithstanding the HOA’s absurd position, the HOA does have jurisdiction to object to a business operating out of a residential unit if it interfere’s with the residential character of the building — which makes sense; but the HOA does NOT have the authority to selectively pick and choose which businesses it “likes” or make determinations if it interferes with the residential character of the building, if the business operates out of the first floor, commerical units zoned for regular commerce.


Social and Cultural Implications

The controversy over the tattoo parlor in Lemko Hall has far-reaching social and cultural implications, reflecting broader debates about the role of government in regulating business and personal expression. At the same time, the case has sparked conversations about the effectiveness of existing zoning laws and the need for more inclusive planning strategies that reflect the changing attitudes toward tattoos and the businesses that provide them. As tattoos become increasingly recognized as a legitimate form of artistic expression, the city’s efforts to promote a vibrant and diverse neighborhood are more important than ever. The situation at Lemko Hall serves as a powerful example of the complexities involved in land use and development, and the ongoing need for thoughtful, balanced regulations that support both community values and creative enterprise.

What is the Economic Impact of ICE Enforcement in June 2025?

Short Answer:

In June 2025, federal agents, including immigration agents responsible for enforcement actions, have ramped up heavy immigration enforcement—including ICE raids, arrests, and deportations—disrupting labor markets, harming immigrant-serving businesses, shrinking local tax bases, and increasing federal spending. In the past week, there has been an escalation in enforcement activities. Immigration raids have become a key tactic, causing widespread fear and disruption in affected communities. The result is a growing fiscal and economic strain across the U.S., especially in immigrant-reliant sectors and regions, as deportation efforts have intensified. Many immigrants are now experiencing heightened fear and uncertainty due to these enforcement actions.

Why Is Immigration Enforcement So Intense in June 2025?

  • A shift under the Trump administration during President Donald Trump’s second term has accelerated enforcement through:
  • Daily arrest quotas (up to 3,000/day)
  • Expansion of courthouse and workplace arrests, including worksite raids
  • Increased use of expedited removal
  • DHS and DOJ directives, with statements from the assistant secretary for public affairs at the Department of Homeland Security emphasizing the importance of worksite enforcement, prioritizing mass deportations and deportation efforts
  • Budgets for multiple agencies, including Immigration and Customs Enforcement (ICE), Customs Enforcement, and Border Patrol, have surged to accommodate aggressive policy goals and law enforcement efforts.

The Department of Homeland Security oversees these efforts, which include expanding detention capacity.

President Donald Trump has made immigration enforcement a central focus of his administration. The assistant secretary for public affairs at DHS has highlighted the significance of worksite enforcement in public statements. The administration’s enforcement policies have had a broad impact on the legal and political landscape surrounding U.S. immigration law and enforcement practices.

Worksite enforcement remains a central strategy, with worksite raids and an ongoing immigration crackdown forming the backbone of border security efforts.

Which Industries Are Most Affected by ICE Crackdowns?

Farm Labor and Agriculture

  • Due to increased enforcement actions, there are fewer people available to work in agriculture, leading to labor shortages for planting, harvesting, and managing livestock.
  • The decline in the agricultural workforce is causing a fall in production and economic output, resulting in crop loss, supply chain slowdowns, and food price hikes.

Construction and Roofing

  • Job sites abandoned due to labor shortages from increased immigration enforcement, including worksite raids, which have led to sudden departures of workers and left projects incomplete for weeks.
  • Cost of homebuilding and repairs rising dramatically as fear of enforcement causes many workers to start staying home, further exacerbating labor shortages.

Restaurants and Hospitality

  • Staff shortages affecting cooks, servers, and cleaners, as concerns about immigration status discourage many potential workers from seeking or keeping jobs in restaurants and hospitality. Restaurant workers often face job insecurity and fear due to enforcement actions, which disrupts staffing and operations. For example, a Mexican restaurant may experience decreased patronage and financial strain as a result of immigration enforcement, highlighting the challenges faced by Mexican business owners and their communities.
  • Reduced operating hours and closures, especially in immigrant-heavy cities, have had a significant negative impact on the restaurant industry as a whole.

Hotels and Cleaning Services

  • Contract terminations and service delays
  • Quality drop due to undocumented staff layoffs and those with uncertain legal status

Factories and Manufacturing

  • Midwest and Southeast plants struggling to meet demand
  • Increased investment in automation due to loss of workers

Nursing Homes and Elder Care

  • Fewer aides leading to burnout and lower service quality: The loss of workers with temporary protected status is contributing to staff shortages in nursing homes and elder care, making it harder to maintain adequate staffing levels and increasing burnout among remaining aides.
  • Delays in care and rising operating costs

How Are Immigrant Consumers Responding?

  • Fears of enforcement are causing consumers to avoid public spaces and local businesses.
  • Concerns for family safety are leading to reduced spending on essentials and services.
  • Consumers are withdrawing money as a precaution, resulting in cash withdrawals and remittance spikes.

Impacted Businesses Include:

  • Grocery stores and bodegas
  • Beauty salons and barbershops
  • Taquerias and community restaurants
  • Street vendors and market stalls

What Is the Impact on Cities and States?

  • Tax Revenue Loss: Reduced sales and income taxes, with local economies in cities like Los Angeles and San Francisco experiencing significant disruption due to immigration enforcement actions.
  • Real Estate Effects: Property markets slow down in immigrant neighborhoods, further impacting local economies.
  • Strain on Services: Public schools, clinics, and shelters under more pressure, while public safety concerns rise as local law enforcement resources are stretched thin.
  • Labor Vacancies: Municipal jobs left unfilled (sanitation, public works, etc.), contributing to broader economic impacts on local economies.

Notable States Affected:

  • Across the country, states like California, Texas, and New York have been particularly hard hit.
  • Illinois and Ohio (especially in farming and industrial counties)

What Are Business Owners and Employers Saying?

  • Local chambers and trade groups reporting widespread disruptions, with business owners making efforts to adapt to the challenges
  • Calls for reform: Some proposals include providing funds to support affected businesses, and new legislation is being considered to address the challenges faced by employers
  • Emergency guest worker visas
  • Local protections or sanctuary measures
  • Silent worker disappearances causing operational instability
  • Staffing crises driving up wages, costs, and service delays

What Is the Federal Reserve Saying About the Economic Outlook?

  • Warnings of slowed growth and inflation due to labor shortages, with the Federal Reserve cautioning about significant economic impacts on businesses and local economies
  • Fed economists comparing this to pandemic-era disruptions
  • Regional reports cite unfilled jobs and declining productivity

View Federal Reserve Economic Data (FRED)

How Much Is the Government Spending on Immigration Enforcement?

  • ICE Budget: $10+ billion (up from $6 billion pre-2020). Additional funds have been allocated to expand detention capacity, allowing for more individuals to be held in immigration detention facilities. ICE agents are responsible for detaining individuals as part of these enforcement actions.
  • CBP Budget: $20 billion
  • Immigration Court Expansion: $1.2 billion for new judges and staff
  • Detention: $150/day per detainee (target capacity: 100,000)

What Is the Fiscal Ripple Effect on Treasury?

Fiscal Category Estimated Annual Impact
Lost federal/state tax revenue $20–25 billion
Immigration enforcement and detention spending $30–35 billion
  • Less revenue from:
  • Payroll taxes (lost jobs)
  • Sales taxes (reduced spending)
  • Business income taxes (closures)
  • More money spent on:
  • Detention and deportation
  • Legal proceedings
  • Emergency services and social supports

What Could Be the Long-Term Economic Consequences?

  • Labor shortages: Raising prices and slowing production
  • Lower investment: Uncertainty in immigrant-heavy regions
  • Reduced GDP Growth: Shrinking workforce is causing a fall in national economic output, leading to a long-term slowdown
  • Public Services Strain: Higher burden on safety nets and infrastructure

Are There Any Policy Alternatives Being Proposed?

  • Legalization pathways: For long-time undocumented residents, new legislation is being proposed to create pathways to citizenship.
  • Expanded guest worker programs: Agriculture, hospitality, construction
  • Streamlined green card backlogs
  • Conditional work permits or temporary relief

Visit USCIS for Program Details

FAQ on the economic impact of aggressive ICE enforcement in June 2025


How is aggressive ICE enforcement in June 2025 different from past years?This enforcement surge includes daily arrest quotas, mass courthouse and workplace raids, and significantly expanded expedited removals. The Trump administration’s second-term policies have prioritized rapid and broad removals, targeting even long-settled non-criminal immigrants and expanding funding for ICE and CBP.

How did the Biden administration approach immigration enforcement differently?The Biden administration emphasized increased legal protections and temporary statuses for immigrants, such as expanding DACA and limiting certain enforcement actions. In contrast, current policies focus on rapid removals and broader enforcement, reducing legal protections and temporary relief options for many immigrants.

What types of businesses are being affected the most by these policies?Industries that heavily depend on immigrant labor—such as agriculture, construction, hospitality, food service, cleaning, elder care, and light manufacturing—are facing severe labor shortages. Businesses serving immigrant communities, including grocers, salons, and small retailers, are also losing revenue as customers stay home.

How are immigrant-heavy neighborhoods being affected economically?These areas are experiencing reduced foot traffic, lower consumer spending, drops in property values, and higher demand for public assistance. Many small businesses report revenue losses of 30–60% compared to the same period last year.

Are U.S. citizens being economically affected by the ICE crackdown?Yes. U.S. citizens who work alongside undocumented workers are losing jobs as businesses close or downsize. In addition, consumers face rising prices in agriculture and construction due to labor shortages. City and state tax revenues are declining, potentially affecting services for all residents.

What is the estimated cost of current enforcement policies?The federal government is spending $30–35 billion annually on immigration enforcement, including detention, deportation flights, and court expansion. ICE’s 2025 budget alone exceeds $10 billion. These figures exclude local enforcement expenses and related social service costs.

How much tax revenue is being lost due to the departure or fear-based withdrawal of immigrant workers?Experts estimate federal and state tax losses in the range of $20–25 billion annually due to the departure of workers, reduction in consumer spending, and the closure of immigrant-owned businesses.

Are legal immigrants and visa holders being affected by aggressive enforcement?Yes. Many legal immigrants are reducing their public presence out of fear of being mistakenly targeted. Some employers are unsure of worker documentation policies, leading to over-correction and job losses among lawful residents.

Who is affected by enforcement, and what about DACA recipients?Enforcement actions impact undocumented immigrants, mixed-status families, and even some legal residents. DACA recipients face unique legal challenges and community concerns, as increased enforcement and policy changes put their status and safety at risk.

How are state and local governments responding to the economic fallout?Some are offering legal aid, worker replacement programs, or lobbying for federal exceptions. Others are facing budget shortfalls due to reduced tax income. Local leaders in states like California, New York, and Illinois have called for policy changes to prevent further economic damage.

What has the Federal Reserve said about the economic impact of enforcement?The Federal Reserve has noted that sharp drops in immigrant labor supply are constraining growth and contributing to inflation. Fed economists have highlighted this as a supply-side disruption, particularly affecting labor-intensive industries.

Are there economic risks of continuing these enforcement levels into 2026?Yes. Analysts warn that sustained removals and labor gaps may trigger regional recessions, long-term investment declines, and reduced national GDP growth. If businesses cannot find replacement workers, the economy could contract.

Could this crackdown increase automation or outsourcing?Potentially. Some industries, especially in manufacturing, are accelerating automation investments to compensate for lost labor. However, automation is not a short-term fix for sectors like elder care or food service. Others may consider relocating operations abroad.

What is the scale of deportation efforts, and how long would it take to remove all unauthorized immigrants?The scale of current deportation efforts is massive, but at the current rate, it would take approximately four years to remove all unauthorized immigrants in the U.S., highlighting the limitations of enforcement policies.

Are there lawsuits attempting to stop the enforcement?Yes, multiple lawsuits challenge the legality and constitutional fairness of ICE’s current enforcement tactics, including courthouse arrests, expedited removals, and mass detention without bond hearings. These lawsuits could delay or limit certain policies but have not yet reversed the enforcement surge.

What enforcement tactics are being used, and what is the impact of immigration raids?Tactics include workplace and courthouse arrests, mass detentions, and expedited removals. Immigration raids have a significant impact on communities and businesses, creating fear, disrupting economic activity, and affecting local economies.

What is the impact on public school systems?In districts with large immigrant populations, schools report declining enrollment, lost per-pupil funding, and rising stress among students whose parents face removal. Some schools are increasing social work staffing to deal with trauma.

Are rural areas being affected differently than urban centers?Yes. Rural farms and meatpacking plants are losing essential labor, often without backup options. In contrast, urban areas face broader economic effects: storefront closures, falling property values, and disrupted service industries.

What is the policy rationale for these enforcement actions, and how does the border wall factor in?The stated rationale includes upholding immigration law, protecting jobs, and ensuring public safety. The border wall remains a central topic in border security debates, with supporters arguing it is essential for controlling unauthorized entry and opponents questioning its effectiveness and cost.

Is there any benefit to the U.S. economy from these enforcement actions?Short-term benefits are minimal and largely political. While some argue that removing undocumented workers might open jobs for citizens, evidence shows these vacancies often remain unfilled. Overall, enforcement is proving more costly than beneficial in economic terms.

How do enforcement actions relate to public safety and national security?Enforcement actions are often justified as necessary for public safety and national security, aiming to prevent crime and protect the country’s interests, though the broader economic and social impacts are widely debated.

What are economists recommending as alternatives to mass enforcement?Common recommendations include legalizing long-term residents, expanding guest worker programs, reducing green card backlogs, and providing temporary work permits. These options would allow immigrants to stay and contribute economically without fear.

How are these policies affecting U.S. global competitiveness?Restrictive immigration and aggressive enforcement make the U.S. less attractive to skilled immigrants, international students, and investors. Over time, this could erode America’s innovation edge and limit labor force growth, weakening the economy.

What can businesses do to respond to the labor shortage?Options include increasing recruitment and training of domestic workers, investing in automation, lobbying for immigration reform, or offering legal support to affected employees. However, many small businesses lack the resources to adapt quickly.

Are there examples of cities or industries pushing back successfully?Some cities have launched resilience initiatives—offering legal clinics, sanctuary protections, or alternative IDs. Certain industries (like agriculture and hospitality) are petitioning Congress for visa relief programs and citing economic data to support reform.

Where can I find reliable media coverage or sources on immigration enforcement and its economic impact?Look for reporting by an investigative reporter who covers immigration enforcement, labor markets, and economic effects. These journalists often provide in-depth, award-winning coverage and are considered authoritative sources on these complex issues.

What should families or individuals facing enforcement do?They should seek legal guidance immediately, review their immigration options, and prepare contingency plans. Consulting an experienced immigration attorney like Richard Herman is strongly advised for tailored advice and advocacy.

Conclusion: Can the U.S. Economy Withstand This Level of Enforcement?

  • Businesses, cities, and economists warn this scale of enforcement is unsustainable
  • Enforcement without legal pathways disrupts growth, increases inflation
  • A national reckoning is underway: Will policy shift toward stabilization?

Schedule a Consultation or Interview with Attorney Richard Herman Today

If you or your loved ones are impacted by the Trump administration’s aggressive immigration enforcement—or if you’re a business owner, policy advocate, journalist, or community leader navigating its fallout—now is the time to seek experienced legal guidance. Attorney Richard Herman, founder of the nationally recognized Herman Legal Group, brings over 30 years of immigration law expertise, helping individuals, families, and companies protect their rights and plan strategically.

Whether you’re facing ICE action, trying to keep your workforce stable, or exploring legal pathways amid mass deportations, Richard Herman can help you understand your options and develop a powerful defense.

Are you a journalist or media outlet covering immigration, labor, or economic policy? Richard Herman is also available for interviews and expert commentary on the growing economic toll of mass deportation, including labor shortages, collapsing tax bases, and enforcement overreach. If you’re seeking a grounded, real-time perspective on the consequences of Trump’s immigration agenda, this is your source.

Don’t wait. The stakes are high.

👉 Book your private consultation or media interview now
📞 Call us at 1-800-808-4013

Herman Legal Group is here to help you navigate the crisis—and fight for a better outcome.

Resources and Further Reading

Protecting Immigrants from Expedited Removal and Immigration Court Arrests: A Guide

Short Answer: Under Trump’s 2025 immigration policies, ICE prosecutors are requesting termination of removal proceedings—not to help immigrants, but to expose them to fast-track deportation through expedited removal. Once terminated, ICE can immediately arrest and deport a person without a hearing. To protect yourself, maintain legal representation, oppose termination motions, and know your rights if detained.


What Is Expedited Removal and Why Is It a Threat Now?

Expedited removal is a legal process created by Congress in 1996 under INA §235(b) that allows low-level DHS officers to deport certain immigrants without a hearing before an immigration judge.

Who qualifies for expedited removal:

  • People who arrive at the border or are found within the U.S. and cannot prove they have been in the country for longer than two years are at risk.
  • Individuals who have been in the U.S. for less than two years are especially vulnerable to expedited removal.
  • Those who cannot show valid entry documents or are accused of fraud or misrepresentation.

What’s changed in 2025:

  • The policy now affects people who have been in the U.S. for more than two years in some cases, expanding the scope of who may be subject to expedited removal.

Why it matters:

  • Expedited removal is a rapid deportation process that can send people back to their home country within days, often without adequate review of the dangers they may face there.

Who qualifies for expedited removal:

  • Individuals who enter without valid documents
  • Individuals who commit fraud at entry
  • Individuals apprehended near the border who cannot prove two years of U.S. presence

What’s changed in 2025:

  • Trump’s expanded use of expedited removal applies nationwide
  • Many undocumented immigrants now face deportation without judicial review
  • Even long-term residents and visa holders may fall under this policy

Why it matters:

  • No hearing before a judge
  • Limited right to request asylum via a credible fear interview
  • Risk of deportation within days

Click here to view USCIS expedited removal policy

New Tactic: Terminating Immigration Court Cases to Enable Fast Deportation

ICE prosecutors are now asking judges to terminate active removal proceedings. This is not a favor to the immigrant. ICE and other government agencies are increasingly targeting immigrants during immigration court hearings for arrest and expedited removal.

How it works:

  • ICE files a motion to terminate or dismiss an open removal case
  • The judge grants the motion, ending the court’s jurisdiction
  • ICE agents arrest the person immediately afterward
  • The person is processed under expedited removal and deported

Why this is dangerous:

  • Termination ends your legal protections
  • No chance to apply for asylum before a judge
  • Deportation can happen within hours or days

Real examples:

  • Immigrants in Miami and Dallas, and around the country, were arrested by ICE just minutes after their court cases were dismissed
  • ICE confirms this tactic is deliberate, part of a broader enforcement plan

Read more on ICE’s legal tactics from EOIR

Who Is at Risk for Expedited Removal After Termination?

You may be at risk if:

  • You have an active asylum, TPS, or relief application
  • You failed to appear at a hearing
  • You have a prior removal order
  • You arrived within the last two years
  • You overstayed a visa
  • You have a criminal conviction

Some exceptions:

  • Unaccompanied minors from non-contiguous countries
  • Special Immigrant Juveniles (SIJS) may be exempt

Check your case status here (EOIR)

How to Protect Yourself Before ICE Terminates Your Case

Steps you should take:

  • Stay in touch with your immigration lawyer
  • Attend all court hearings and check EOIR case status
  • File opposition to any motion to terminate
  • Submit pending applications (e.g., asylum, adjustment, U/T visa)
  • Request administrative closure or continuance, if available
  • Document your time in the U.S. with leases, taxes, school records, etc.

Strategies to Oppose ICE Motions to Terminate

Sample legal strategies include:

  • Filing a Motion in Opposition citing pending applications for relief (e.g., I-589 asylum, I-130, I-601A, etc.)
  • Arguing that termination undermines due process and is inconsistent with Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)
  • Citing Matter of Avetisyan to argue for continued proceedings when relief is viable or pending
  • Using administrative closure arguments where appropriate under agency discretion
  • Submitting expert declarations or country conditions reports showing the need for a merits hearing
  • Attaching letters of support and community documentation showing equities

Helpful templates and guides:

Federal Court Challenges and Legal Criticism

As of mid-2025, several legal advocacy groups have signaled potential litigation over the due process implications of ICE’s courtroom arrest and dismissal-to-deportation tactic.

The Trump administration’s actions, including the expansion of expedited removal and increased arrests in and around immigration courts, have led to significant legal challenges, while the Biden administration’s approach to expedited removal and immigration court arrests has also drawn scrutiny and debate. President Trump’s policies expanded the use of expedited removal, resulting in more individuals being placed in immigration custody and held in detention centers, which in turn led to increased litigation over the legality and conditions of such custody.

Legal challenges often focus on the conditions in detention centers and the legality of holding individuals in immigration custody, raising concerns about detainees’ rights and due process. Though specific case names have not yet been published, filings under the Administrative Procedure Act (APA) and constitutional due process claims are expected.

Potential grounds for legal challenge:

  • Violation of the Fifth Amendment due process rights
  • Abuse of discretion by DHS and EOIR
  • Arbitrary and capricious agency action under APA
  • Conflict with statutory asylum protections under INA §208

Scholarly criticism includes:

  • Lack of notice and opportunity to be heard: Legal scholars argue that these ICE tactics effectively bypass the immigration court system, undermining the entire statutory framework for adjudicating relief.
  • Disruption of fair adjudication: Judges lose discretion to assess eligibility for relief like asylum or cancellation of removal.
  • Erosion of public trust: Critics claim these practices deter immigrants from appearing in court or seeking lawful avenues, fearing arrest.
  • Weaponization of prosecutorial discretion: Legal experts call this a distortion of prosecutorial discretion intended to enhance fairness, not suppress due process.

What If You’re Detained Under Expedited Removal?

Steps to follow immediately:

  • Remain silent and ask for a lawyer
  • Do not sign any documents
  • Request a credible fear interview if afraid to return home
  • Have a loved one check the ICE Detainee Locator
  • Request a reinstatement review if ICE alleges a prior order
  • Consider emergency filings like a habeas corpus petition

Legal Tools to Fight Back Against Expedited Deportation

Your attorney may consider:

  • Filing a Motion to Reopen or Reconsider
  • Filing an Appeal to the BIA
  • Filing a Habeas Corpus petition in federal court
  • Submitting a Prosecutorial Discretion Request
  • Pursuing a Deferred Action request

More about prosecutorial discretion

Frequently Asked Questions (FAQs) Regarding ICE Prosecutor’s New Tactic of Seeking Dismissal of Removal Proceedings in Order to Facilitate ICE Courthouse Arrests and Expedited Removal

What is the new ICE tactic involving dismissal of removal proceedings?ICE prosecutors are moving to dismiss some immigrants’ removal proceedings in immigration court, not to help them, but to strip them of due process protections. Once dismissed, ICE agents may arrest them at or near the courthouse and subject them to expedited removal, often with no hearing before a judge. Many immigrants have been affected by these tactics in immigration courts across the country.

Why is this happening now?This tactic is being used more frequently under the Trump administration’s 2025 enforcement priorities to speed up deportations, especially for immigrants without criminal records or who may qualify for relief, but who entered unlawfully and do not have current legal status.

Does dismissal of removal mean my immigration case is over?No, it just means the immigration court will no longer hear your case. You may lose the opportunity to apply for relief like asylum, cancellation of removal, or adjustment of status in front of a judge.

If my case is dismissed, can ICE still arrest me?Yes. In fact, that is often the goal of the dismissal. Once the case is dismissed, ICE may arrest you inside or outside the courthouse and initiate expedited removal proceedings without court oversight.

What is expedited removal?The expedited removal process is a fast-track deportation procedure that allows ICE to bypass standard immigration court procedures and quickly deport certain individuals without a hearing before an immigration judge, particularly if they have no valid documents and entered unlawfully within the past two years.

How do I know if my case is at risk of being dismissed by the prosecutor?If you are in removal proceedings and have no criminal history or current legal status, and you were recently scheduled for a master calendar or merits hearing, you may be at risk. Your lawyer may receive notice that the Department of Homeland Security (DHS) is filing a motion to dismiss.

Can I oppose a motion to dismiss by ICE?Yes. You or your attorney can file a Motion in Opposition to the prosecutor’s motion to dismiss. You can argue that dismissal would violate your due process rights, deny you the opportunity to apply for relief, or expose you to risk of harm if removed.

What legal strategies can be used to fight a motion to dismiss?Some options include:

  • Filing a written opposition explaining why you are eligible for relief.
  • Asserting your right to a full hearing under the INA and citing due process violations.
  • Requesting that the judge deny dismissal until a full hearing occurs.
  • Arguing that dismissal amounts to bad faith forum shopping by ICE to strip you of procedural protections.
  • Submitting evidence of eligibility for relief, such as pending applications, fear of return, or U.S. citizen family ties.

Have any immigration judges denied these motions to dismiss?Yes. Some judges have recognized that dismissal in these contexts may infringe on due process rights and have refused to terminate proceedings. However, practices vary widely by court and judge.

Have any federal lawsuits been filed to challenge this practice?Yes. Several civil rights organizations are preparing or have filed lawsuits arguing that the tactic violates constitutional due process, INA protections, and federal administrative law. Cases may rely on the Administrative Procedure Act or constitutional claims, especially for detained individuals not given meaningful access to counsel or hearings.

Does this tactic violate due process rights?Many legal experts say yes. Terminating removal proceedings in order to arrest someone and subject them to expedited removal denies their right to a fair hearing, access to legal relief, and in some cases, the opportunity to apply for asylum or other protections under U.S. and international law.

Who is most at risk from this tactic?

  • Noncitizens who entered without inspection.
  • Individuals with no criminal record.
  • People who were previously placed in removal proceedings under the old enforcement guidelines.
  • Immigrants with pending applications not yet adjudicated in court.

What can I do to protect myself if ICE is trying to dismiss my case?

  • Consult a trusted immigration attorney immediately.
  • Ask your attorney to oppose the motion to dismiss.
  • Avoid appearing at court without legal counsel.
  • Request your attorney appear on your behalf if possible.
  • Prepare for the possibility of ICE presence at the court and know your rights if arrested.

Can I apply for relief like asylum or green card after my case is dismissed?Only in some limited situations. You may be able to file affirmative applications with USCIS (like asylum or family-based adjustment of status), but you’ll lose the protections of court oversight and potentially face ICE detention during the process.

Does this tactic apply to people with pending asylum applications?Yes. In fact, many asylum seekers are being targeted. Dismissal of their removal cases prevents them from presenting their claim in front of a judge, and if arrested, they may be rapidly deported under expedited removal.

Are U.S. citizens or green card holders at risk?Not directly from this tactic. However, green card holders with old or minor offenses, or who re-entered after a trip abroad with prior orders or convictions, could be impacted in other ICE operations.

What should I do if ICE arrests me at court after my case is dismissed?

  • Do not sign anything without talking to an attorney.
  • Ask to speak to a lawyer immediately.
  • If placed in expedited removal, you may have limited rights to contest it, so act quickly.
  • If you fear returning to your country, say so clearly and immediately. This may trigger a credible fear interview.

Can this tactic be used against DACA or TPS holders?Generally not, unless their status has expired or been revoked and they are in removal proceedings. But with a hostile enforcement posture, no one with uncertain status should assume immunity.

How are legal scholars reacting to this practice?Many are condemning it as a violation of due process and a manipulation of the immigration court system to deny immigrants their right to relief. Scholars also argue it undermines judicial independence and turns immigration court into a trap.

Can ICE re-arrest someone whose case was dismissed years ago?Yes. If ICE learns of your location or re-prioritizes enforcement, they can arrest someone whose court case was closed or dismissed in the past, especially if there’s no legal status.

What are my rights if ICE tries to arrest me at court?

  • You have the right to remain silent.
  • You have the right to speak to a lawyer.
  • You do not have to sign anything.
  • You may be eligible for bond, credible fear interview, or legal relief depending on the circumstances.

What organizations can help if this happens to me or a loved one?You can contact:

Worried About an Upcoming Immigration Court Hearing? Don’t Face ICE Alone.

If you’ve been scheduled for immigration court—and you’re concerned that the ICE prosecutor might try to dismiss your case to allow for arrest and expedited removal—you need experienced legal protection now. What appears to be a simple hearing could become a trap for detention and fast-track deportation.

Attorney Richard Herman, founder of the Herman Legal Group, has over 30 years of experience fighting for immigrants in high-stakes deportation cases. He and his team know how to:

  • Oppose ICE motions to dismiss,
  • Defend your right to due process, and
  • Strategically protect you from surprise arrests.

Don’t walk into court unprepared. Get a powerful legal advocate on your side before it’s too late.

👉 Schedule your confidential consultation now at
https://www.lawfirm4immigrants.com/consultation/

Or call 1-800-808-4013 to speak with our team.

Your future may depend on the attorney you choose. Let Richard Herman fight for you


Top 5 Trump and New Immigration Policies: Key Changes and Impacts

How have Trump’s new immigration policies changed the landscape in the U.S.? This article explores key shifts, including enhanced border security, tougher enforcement, and stricter asylum rules, all of which are part of the broader context of Trump and new immigration policies. Understand the far-reaching impacts on immigrants and the nation.

Key Takeaways

  • The Trump administration implemented extensive border security measures, including military deployment and infrastructure enhancements, aimed at reducing unauthorized crossings and bolstering national security.
  • Aggressive immigration enforcement policies expanded expedited removal procedures and set ambitious deportation targets, raising significant concerns regarding due process and the impact on immigrant communities.
  • Major changes to asylum policies and refugee resettlement reflect a tightening of immigration criteria, resulting in increased barriers and legal challenges amid widespread criticism for undermining humanitarian principles.

New Border Security Measures

New border security measures being implemented at the southern border.

The first trump administration has made significant changes to border security, reshaping the landscape of immigration policy through a series of executive orders and policy memoranda. A primary focus has been on closing the southern border to deter unauthorized crossings, emphasizing the urgency of enhancing border security measures.

In a bold move, President Trump declared a national emergency at the southern border, highlighting the perceived crisis and the need for immediate action. This declaration allowed for the reallocation of resources and the deployment of military personnel to support customs enforcement and security operations along the border, as emphasized by president donald trump.

Approximately 10,000 service members were deployed to the southern border, underscoring the administration’s commitment to fortifying border protection. This deployment aimed to bolster the efforts of homeland security personnel and border patrol encounters, ensuring a more robust response to illegal crossings and potential threats to national security.

The new measures also included enhancements to the physical infrastructure along the border. The construction of additional barriers and the reinforcement of existing structures were prioritized to prevent illegal entry and improve the effectiveness of border patrol operations. These efforts were part of a broader strategy to secure the southern border and address the challenges posed by undocumented immigrants and unregistered illegal aliens.

The rationale behind these measures was rooted in the belief that a secure border is essential for safeguarding national security and upholding immigration laws. The administration aimed to reduce the flow of illegal aliens and enhance the overall integrity of the immigration system through stricter border security. This approach was seen as a necessary step to address longstanding issues related to border security and immigration enforcement.

These changes were not without controversy. Critics argued that the emphasis on border security was overly aggressive and that the deployment of military personnel blurred the lines between domestic law enforcement and military operations. Nonetheless, the Trump administration maintained that these measures were critical for ensuring the safety and security of the nation, as highlighted by the department of homeland security.

Aggressive Immigration Enforcement

Immigration enforcement operations under the Trump administration.

The Trump administration’s approach to immigration enforcement has been marked by a significant expansion of expedited removal authority. This policy allows undocumented immigrants to be immediately deported without a hearing if they have resided in the U.S. for less than two years, streamlining the process and prioritizing swift action.

An unprecedented annual deportation target of one million immigrants was set, significantly exceeding previous records. This ambitious goal was supported by daily arrest quotas for ICE, ranging from 1,200 to 1,500 individuals, reflecting the administration’s commitment to rigorous enforcement operations.

One of the more controversial aspects of this approach has been the permission granted to ICE to conduct operations at sensitive locations such as schools and hospitals. This policy has led to increased collateral arrests, including the mistaken detention of U.S. citizens, highlighting the potential for errors and the broad reach of immigration enforcement.

The aggressive enforcement measures have not gone unchallenged. Immigrant rights organizations have raised concerns about the impact on immigrant communities and the potential for due process violations. These groups argue that the fast-track deportation policy undermines access to services and legal protections, creating an environment of fear and uncertainty.

Furthermore, the administration’s focus on criminal enforcement priority has extended to cooperation with local law enforcement agencies. Efforts to enlist state and local police in immigration enforcement activities have intensified, with mixed responses from different jurisdictions. Some localities have resisted, citing concerns about community trust and the potential for racial profiling, particularly in relation to federal immigration authorities.

Despite these challenges, the Trump administration has remained steadfast in its commitment to robust immigration enforcement. By prioritizing the removal of illegal aliens and enhancing the capabilities of immigration and customs enforcement, the trump administration’s commitment aims to uphold immigration laws and address the complexities of the immigration system.

Changes to Asylum Policies

Significant restrictions have been imposed on access to asylum under the Trump administration, dramatically altering the landscape for asylum seekers in the U.S. These changes reflect a broader strategy to tighten immigration policy and reduce the number of individuals eligible for asylum.

One of the key changes is the presumption of ineligibility for asylum for those entering through the southwestern U.S. border. This policy shift has created substantial barriers for asylum seekers, making it more challenging for them to obtain legal protection.

The new restrictions have also led to an environment where many asylum seekers face illegal deportation without due process. The administration’s approach has been criticized for undermining the principles of fairness and justice that are fundamental to the asylum process.

Additionally, the Credible Fear and Asylum Processing Interim Final Rule introduces tighter controls over documentary evidence during the asylum application process. This rule requires asylum seekers to provide more comprehensive and detailed documentation, increasing the burden of proof and making it more difficult for individuals to establish their eligibility for asylum.

These changes have had profound impacts on the lives of asylum seekers. Many individuals who fled persecution and violence in their home countries now face significant obstacles in their quest for safety and security in the U.S. The heightened scrutiny and additional requirements have contributed to a more challenging and uncertain asylum process.

The administration’s stance on asylum reflects a broader effort to reform immigration policies and prioritize national security. However, these changes have sparked widespread criticism and legal challenges, with advocates arguing that the policies violate human rights and international obligations.

Impact on Refugee Resettlement

Impact on refugee resettlement due to new immigration policies.

The U.S. Refugee Admissions Program (USRAP) has faced significant changes under the Trump administration, including a temporary suspension aimed at aligning refugee admissions with national interests. This suspension has had far-reaching implications for refugee resettlement efforts and the broader immigration system.

Federal funding for refugee resettlement organizations has been significantly reduced, impacting their ability to provide essential services to refugees. These organizations play a crucial role in helping refugees integrate into American society, and the federal funds cuts have hindered their capacity to support new arrivals.

Refugees are now admitted on a case-by-case basis, with admissions contingent on whether individuals are deemed in the national interest and not a security threat. This policy shift has led to a more selective and restrictive approach to refugee resettlement, reducing the number of refugees admitted to the U.S.

The changes to the refugee admissions program have had a profound impact on mixed-status families and immigrant communities. Many families who had hoped to reunite with their loved ones in the U.S. have faced delays and uncertainties due to the new policies. The reduction in refugee admissions has also affected the diversity and vibrancy of immigrant communities across the country.

The administration’s focus on national security has driven these changes, with the aim of ensuring that refugee admissions do not pose a threat to the safety and security of the American people. However, critics argue that the policies undermine the humanitarian principles that have long been a cornerstone of U.S. refugee resettlement efforts.

Despite the challenges, refugee resettlement organizations continue to advocate for the rights and well-being of refugees. They emphasize the importance of providing safe haven to those fleeing persecution and violence, and they call for a more balanced approach that considers both national security and humanitarian parole obligations.

Legal Challenges and Court Battles

The Trump administration’s immigration policies have faced numerous legal challenges and court battles, reflecting the contentious nature of these changes. Advocacy groups, including the American Civil Liberties Union, have filed lawsuits claiming that certain policies are unconstitutional and violate American values.

Several of the administration’s immigration enforcement policies have been blocked by courts. For instance, federal judges issued nationwide preliminary injunctions blocking Executive Order 14160, which sought to end birthright citizenship for children of undocumented immigrants. These legal challenges underscore the ongoing debate over the limits of executive authority and the protection of individual rights.

The expedited removal processes have also come under scrutiny. The court found that these processes often lack essential legal protections, leading to wrongful deportations and undermining due process. This ruling highlights the importance of ensuring that immigration enforcement measures comply with constitutional and legal obligations.

The immigration court system has been significantly impacted by the administration’s policies. The backlog of cases has reached approximately 4 million, exacerbating delays in processing and creating challenges for individuals seeking legal resolution. The firing of judges and the reduction of the Board of Immigration Appeals have further strained the system, contributing to the backlog and undermining effective law enforcement.

Advocacy groups continue to challenge the administration’s policies, arguing that they undermine established rights and protections. These legal battles are likely to continue, shaping the future of immigration enforcement and the broader immigration system.

The legal challenges highlight the complex interplay between federal court policies and individual rights. They emphasize the need for a balanced approach that upholds the rule of law while addressing the practical and humanitarian aspects of legal obligation in legal immigration enforcement, with the guidance of legal counsel.

Revocation of Student Visas

The Trump administration’s ‘Catch and Revoke’ program has led to the revocation of visas for hundreds of non-citizen international students, creating significant stress and uncertainty for those affected. The program predominantly targets F-1 and J-1 visas, including some Optional Practical Training (OPT) extensions.

The case of Khalil, an international student who was arrested by ICE and is now fighting deportation, symbolizes the broader crackdown on non-citizen students. Khalil’s story highlights the personal and emotional toll of these policies on individuals striving to pursue their education in the U.S.

The revocations have had broader implications for the international student community. Many students face significant challenges in continuing their education and maintaining their legal status in the U.S. The uncertainty and stress created by these policies have affected their academic performance and overall well-being.

The administration’s approach to student visas reflects a broader strategy to tighten immigration enforcement and ensure that non-citizen students comply with immigration laws. However, critics argue that the policies undermine the contributions of international students to American society and the economy.

Despite the challenges, international students continue to pursue their education and contribute to the academic and cultural diversity of U.S. institutions. Advocacy groups are working to support these students and challenge policies that unfairly target them.

The revocation of student visas is a stark reminder of the far-reaching impacts of immigration policies. It underscores the need for a more balanced approach that considers the contributions of international students and the importance of maintaining a welcoming and inclusive environment for all.

Birthright Citizenship Controversy

The principle of birthright citizenship, rooted in the 14th Amendment, has been upheld by Supreme Court rulings for over a century. This constitutional norm was affirmed in the case of Wong Kim Ark, establishing that all children born in the U.S. are entitled to citizenship.

Despite this long-standing legal precedent, President Trump signed an executive order seeking to exclude U.S.-born children of temporarily or illegally present parents from birthright citizenship. This move has sparked significant controversy and legal challenges, with many experts arguing that the executive order is blatantly unconstitutional.

Trump’s view on birthright citizenship is considered a fringe legal perspective not supported by the Constitution. Most legal analysts and scholars believe that the 14th Amendment guarantees automatic citizenship to all children born on U.S. soil, regardless of their parents’ immigration status.

The potential societal impacts of denying birthright citizenship are profound. Critics argue that such a policy could create a permanent underclass in society, with U.S.-born children of undocumented immigrants facing significant barriers to integration and upward mobility.

The legal battles over birthright citizenship are likely to continue, with courts expected to play a crucial role in upholding constitutional rights. These challenges highlight the ongoing debate over immigration policy and the fundamental principles that define American citizenship.

Despite the controversy, the principle of birthright citizenship remains a cornerstone of American identity. It reflects the nation’s commitment to equality and the belief that all individuals, regardless of their background, should have the opportunity to pursue the American dream.

Expansion of Detention Facilities

Expansion of detention facilities for immigration enforcement.

The Trump administration has significantly expanded the U.S. immigration detention system, reflecting its commitment to strict immigration enforcement. Annually, over $3 billion is allocated to support this extensive network of detention facilities. This increase in funding has enabled the administration to enhance its capacity for detaining undocumented immigrants and asylum seekers.

Since the beginning of the Biden administration, the average daily detainee population has surged by 140%. This rise indicates a heightened focus on detaining individuals while their immigration status is being resolved. The expansion includes renewing contracts and opening new facilities, such as the one in Pennsylvania, which can house over 1,000 people.

Approximately 90% of individuals in ICE custody are held in privately operated detention centers, highlighting the significant role of private entities in the immigration detention center system. These facilities have been criticized for their conditions and the treatment of detainees, raising concerns about the welfare of vulnerable populations.

The use of solitary confinement has also seen a notable increase, particularly for detainees classified as vulnerable populations. Since March 2023, there has been a 50% rise in the use of solitary confinement, reflecting the administration’s stringent approach to managing detainee populations.

The expansion of detention facilities has sparked significant debate. Critics argue that the focus on detention undermines the humanitarian aspects of immigration policy and exacerbates the challenges faced by immigrant communities. They advocate for alternatives to detention that prioritize the rights and dignity of individuals.

Despite these criticisms, the administration maintains that a robust detention system is essential for effective immigration enforcement. By detaining individuals who pose potential threats or who are awaiting removal proceedings, the administration aims to uphold immigration laws and protect national security.

Enhanced Vetting and Travel Bans

Enhanced vetting processes and travel bans affecting immigrants.

The Donald Trump administration has implemented stricter screening and vetting procedures for foreign nationals seeking entry into the United States. These measures are designed to enhance national security and prevent potential threats from entering the country.

One key aspect of this policy is the emphasis on improving information-sharing and identity-management practices among foreign governments. By requiring better cooperation from other countries, the administration aims to facilitate more effective vetting of individuals seeking entry into the U.S.

Countries with high visa overstay rates are subject to particular scrutiny. These nations are seen as posing additional risks to U.S. immigration enforcement, leading to:

  • Stricter vetting procedures
  • In some cases, travel bans
  • Full or partial suspensions of entry for their nationals if identified as having inadequate vetting practices.

The administration also believes that foreign students should align with American values and not pose threats to safety or security. This belief has led to enhanced vetting procedures for international students, impacting their ability to study in the U.S.

These enhanced vetting and travel ban policies have been controversial. Critics argue that they disproportionately target certain countries and individuals, leading to discriminatory practices and undermining the principles of fairness and equality. Legal challenges have been mounted against these policies, questioning their constitutionality and effectiveness.

Despite the controversy, the administration maintains that these measures are necessary for protecting national security. By implementing stricter vetting procedures, the administration aims to ensure that only individuals who pose no threat to the U.S. are granted entry.

Promoting Voluntary Departure

The Trump administration has introduced measures to promote voluntary departure among undocumented immigrants. This approach aims to encourage self-deportation by offering financial incentives, although no formal program has been initiated yet.

One of the key measures is the IRS-ICE data-sharing agreement, which allows ICE to access taxpayer information to locate undocumented immigrants for removal. This agreement enhances the administration’s ability to identify and track individuals who are subject to deportation orders.

Daily fines of up to $998 can be imposed on undocumented individuals who fail to leave the U.S. under deportation orders. These fines are intended to create a financial deterrent for those who do not comply with voluntary departure requirements.

The CBP Home app has been introduced to facilitate voluntary departure. This app allows migrants with removal orders to schedule their own departure flights and notify authorities of their intent to leave. By providing a streamlined process for self-deportation, the administration aims to reduce the burden on immigration enforcement resources.

The promotion of voluntary departure reflects the administration’s broader strategy to manage immigration enforcement efficiently. By encouraging undocumented immigrants to leave voluntarily, the administration hopes to reduce the need for detention and deportation operations.

While the approach has been praised for its potential to reduce enforcement costs, critics argue that it places undue pressure on undocumented immigrants and may lead to unintended consequences. They advocate for more comprehensive immigration reforms that address the root causes of undocumented migration.

Changes to Immigration Courts

The Trump administration has made extensive modifications to the U.S. immigration court system, greatly affecting its operations and efficiency. Major changes include:

  • Firing of immigration judges.
  • Reduction of the Board of Immigration Appeals from 23 to 15 members.
  • Directing immigration judges to fast-track certain asylum rejections without a hearing, streamlining the process but raising concerns about due process and fairness. An immigration judge is now required to navigate these changes carefully.

This policy aims to reduce the backlog of cases but has been criticized for potentially undermining the rights of asylum seekers.

The current backlog in active immigration court cases stands at approximately 3.6 million. This significant backlog creates delays in processing and contributes to the challenges faced by individuals seeking resolution of their immigration status. Increasing the number of immigration judges by an estimated 250 annually has been proposed as a potential solution to reduce the backlog by 2029. This increase would enhance the court’s capacity to handle the high volume of cases and improve the efficiency of the immigration system.

The changes to the immigration court system reflect the administration’s focus on enhancing enforcement and reducing delays. However, critics argue that the measures undermine the fairness and integrity of the court system. They emphasize the need for a balanced approach that upholds due process and protects the rights of individuals.

The ongoing debates and legal challenges surrounding these changes highlight the complexities of managing immigration enforcement and the importance of ensuring that the court system operates effectively and fairly.

State and Local Government Responses

The Trump administration’s immigration policies have intensified pressure on states and localities to comply with federal government immigration enforcement. This pressure has led to diverse responses from different jurisdictions, reflecting the complexities of balancing federal and local priorities.

The administration officials have threatened sanctuary jurisdictions with civil penalties and funding cuts for not cooperating with immigration enforcement. This threat has sparked legal challenges and debates over the extent of federal authority and the rights of local governments.

Some states have adopted laws that actively support immigration enforcement, aligning with federal priorities. These states have implemented measures to enhance cooperation with federal agencies and ensure that the united states comply with immigration laws.

In contrast, other states, such as Oregon and Illinois, have established comprehensive laws that limit local law enforcement’s involvement in immigration matters. These protective measures aim to safeguard the rights of immigrant communities and promote better integration and security.

Local and state governments have also been granted a role in determining the placement of refugees in their areas. This involvement allows for more localized decision-making and consideration of community needs and capacities.

The impact of state immigration laws is profound, with protective policies leading to better integration and security for immigrant communities. However, overpolicing of immigrant communities can undermine public safety, regardless of whether those communities are in sanctuary or non-sanctuary jurisdictions.

The diverse responses from state and local governments highlight the ongoing debates over immigration policy and the challenges of balancing federal and local interests. These responses reflect the complexities of managing immigration enforcement in a manner that respects the rights and needs of all communities.

Summary

The Trump administration’s immigration policies have brought significant changes to the U.S. immigration landscape. From new border security measures to aggressive enforcement and changes to asylum policies, these policies have had far-reaching impacts on individuals and communities. The expansion of detention facilities and enhanced vetting procedures further illustrate the administration’s focus on strict immigration enforcement.

Legal challenges and court battles have highlighted the contentious nature of these policies, with advocacy groups and courts playing crucial roles in shaping their implementation. The revocation of student visas and the birthright citizenship controversy underscore the broader debates over immigration and constitutional rights.

State and local government responses to these policies reflect the complexities of balancing federal and local priorities. The diverse approaches taken by different jurisdictions highlight the ongoing debates and the need for comprehensive immigration reforms that address the root causes of migration and uphold the principles of fairness and justice.

As we move forward, it is essential to consider the broader implications of these policies and strive for a balanced approach that respects the rights of individuals while ensuring national security. The ongoing debates and legal challenges will continue to shape the future of immigration in America, reflecting the dynamic and evolving nature of this critical issue.

Frequently Asked Questions

What are the new border security measures implemented by the Trump administration?

The Trump administration implemented new border security measures, including closing the southern border, declaring a national emergency, and deploying military personnel to bolster border operations. These actions were primarily aimed at deterring unauthorized crossings and enhancing overall border protection.

How has the Trump administration’s approach to immigration enforcement changed?

The Trump administration’s approach to immigration enforcement has shifted to a more aggressive stance, characterized by expanded expedited removal authority and higher deportation targets, resulting in increased arrests and significant concerns regarding due process within immigrant communities.

What changes have been made to asylum policies under the Trump administration?

Under the Trump administration, significant restrictions were implemented on asylum policies, including a presumption of ineligibility for those entering through the southwestern border and stricter controls on documentary evidence, thereby making it more difficult for individuals to secure asylum.

How have refugee resettlement efforts been impacted by the Trump administration’s policies?

The Trump administration’s policies have significantly hindered refugee resettlement efforts by implementing a temporary suspension of the U.S. Refugee Admissions Program, reducing federal funding for resettlement organizations, and shifting to a case-by-case admission process. As a result, the support available to refugees has been notably diminished.

What are the legal challenges faced by the Trump administration’s immigration policies?

The Trump administration’s immigration policies faced significant legal challenges, primarily concerning their constitutionality and enforcement, as advocacy groups and courts contested various aspects. These ongoing disputes underscore the contentious nature of immigration law and individual rights in America.

Is Trump Planning On USCIS Dismissing Asylum Claims to Accelerate Deportations?

Quick Answer:

The Trump administration is reportedly preparing to dismiss hundreds of thousands of pending asylum applications—particularly from individuals who entered the U.S. unlawfully—and to rapidly place them into deportation proceedings. This represents an unprecedented shift in the role of USCIS, which has historically focused on adjudicating immigration benefits and providing immigration services, such as processing legal pathways and humanitarian programs, not enforcing removals. Critics say the move could devastate families, communities, and humanitarian protections. The policy could also severely impact family reunification parole and humanitarian parole programs, which are key legal pathways for families and individuals facing urgent humanitarian needs.

What Is the New Trump Asylum Dismissal Plan?

The administration’s new apparent strategy aims to:

  • Dismiss affirmative asylum claims filed by migrants who initially entered the U.S. without authorization.
  • Fast-track deportations of those migrants using expedited removal procedures.
  • Empower USCIS to issue deportation orders directly, enabling the agency to take direct enforcement actions, a role traditionally reserved for ICE and CBP.

This represents a significant change to the U.S. asylum system and the enforcement of immigration laws.

This could affect hundreds of thousands of asylum seekers who entered unlawfully but have lived and worked in the U.S. for years.

Who Will Be Affected?

  • Migrants with pending affirmative asylum applications (applied through USCIS, not court).
  • Individuals who entered the U.S. unlawfully but later sought protection by seeking asylum.
  • Those who cannot prove continuous presence in the U.S. for two years or more.
  • Immigrants whose asylum applications are deemed “legally deficient” by USCIS.

Individuals with pending applications for permanent residency or those holding temporary status may also be affected if their asylum claims are dismissed.

According to a 2023 federal report, about 25% of affirmative asylum applicants admitted entering unlawfully, amounting to at least 250,000 people.

What Is USCIS Now Authorized to Do?

Under a memo from DHS Secretary Kristi Noem:

  • USCIS officers can now initiate expedited removal against asylum seekers, marking a shift in the traditional role of citizenship and immigration services.
  • The agency may also enforce civil and criminal immigration violations.
  • This marks a major departure from USCIS’s historical role as a benefits-focused agency.

These changes impact the overall immigration process and reflect broader border protection strategies.

Related Resource:USCIS Official Site

Background on Immigration Court[NEW]

Asylum Hearings and Court Proceedings[NEW]

Background on Immigration Court[NEW]

Asylum Hearings and Court Proceedings[NEW]

Why Is This Potential Change So Controversial?

1. Legal and Institutional Norms Are Being Upended

  • For decades, USCIS has processed applications—not conducted enforcement.
  • Experts say this shift blurs the line between adjudication and deportation. This change also impacts the Executive Office for Immigration Review (EOIR), the agency responsible for immigration review, and disrupts the established immigration court system.

2. Due Process Concerns

  • Migrants may be deported without a hearing before an immigration judge. The lack of access to legal counsel and reduced involvement of immigration judges raises serious concerns about due process protections for affected individuals.
  • Asylum applicants can be removed under expedited removal if their case is dismissed.

3. Chilling Effect on Future Asylum Seekers

  • Fear of deportation could deter legitimate asylum claims, as individuals may be discouraged from seeking asylum even if they meet the requirements under asylum law.
  • Immigrants may be discouraged from applying—even if they qualify for protection.

New policies are requiring asylum seekers to meet stricter criteria and procedural hurdles, making it more difficult for those who seek asylum to access protections under asylum law.

4. Economic and Community Impact

  • Many of those affected are long-term residents, workers, and parents.
  • Their removal could harm families, employers, and local economies.
  • Changes to asylum policy may also impact refugee resettlement programs and reduce support available to vulnerable populations.

Expert Quote:

“They’re turning the agency that we think of as providing immigration benefits into an enforcement arm for ICE.” – Sarah Mehta, ACLU

How Is Expedited Removal Being Used?

  • The Trump administration expanded expedited removal nationwide in early 2025.
  • Anyone unable to prove 2 years of continuous presence in the U.S. can be deported without a court hearing.
  • Individuals subject to expedited removal may face immediate deportation and could be held in a detention center or one of the expanding network of detention centers while awaiting removal.
  • USCIS’s new role allows them to trigger these removals directly.

Learn More:ICE Enforcement and Removal Operations

Is This Already Happening?

  • Yes. Some migrants have already received asylum dismissal notices. Federal authorities, including USCIS and DHS, are actively involved in issuing these dismissal notices and initiating removal proceedings.
  • CNN reviewed documents showing people with long-pending cases being denied without explanation or court review.
  • It’s unclear how many have received these notices or how quickly the plan will be expanded.

How Is This Different from Past Policies?

  • USCIS has never held unilateral authority to deport.
  • ICE and CBP have traditionally handled removals.
  • This change effectively makes USCIS a front-line enforcer.

Compared to previous administrations, this policy shift marks a significant departure. During the first Trump administration, early immigration enforcement measures focused on expanding detention infrastructure and implementing restrictive policies on asylum and deportation. The Biden administration, by contrast, adopted more lenient approaches, seeking to roll back many of those restrictions and prioritize humanitarian considerations. Now, the second Trump administration has introduced sweeping changes in its initial 100 days, intensifying border security, expanding detention, and imposing new limits on legal immigration pathways, representing a major overhaul of enforcement strategies and a reversal of Biden-era policies.

 

Human Rights Concerns

“The government should process asylum applications—not throw them out.” – Conchita Cruz, Asylum Seeker Advocacy Project

Legal Ambiguity

  • It’s unclear whether this move violates administrative or constitutional protections.
  • Lawsuits are likely if due process is denied.
  • The Supreme Court may ultimately be called upon to resolve disputes over the legality of the new policy.

Community Consequences

  • Many of those affected have U.S.-born children, jobs, and community roots.
  • Advocates warn of sudden family separations and workplace disruptions. Some families may be affected by policies targeting individuals from a specific country immediately, resulting in abrupt separations.

What Should Migrants and Advocates Do Now?

  • Review asylum application status immediately with an immigration attorney.
  • Keep documentation of U.S. residency, employment, and tax filings.
  • Prepare for possible notices of dismissal or expedited removal.
  • Monitor updates from USCIS and DHS.

If you receive a dismissal or removal notice, be aware of your rights to file immigration appeals to challenge the decision and protect your legal rights.

Helpful Links:

FAQs on Trump administration’s reported plan to order USCIS to dismiss certain asylum cases to enable expedited removal


What is expedited removal, and how does it work?Expedited removal is a fast-track deportation process that allows immigration authorities to remove certain noncitizens without a hearing before an immigration judge. It is typically used for individuals who cannot prove they have been in the U.S. continuously for two years or more or who are deemed inadmissible at the border.

How is the Trump administration planning to use expedited removal through USCIS?The administration plans to authorize USCIS officers to dismiss certain affirmative asylum cases—especially where the applicant entered unlawfully—then immediately place those individuals into expedited removal proceedings. This bypasses the traditional role of ICE and eliminates the need for court hearings.

Who could be impacted by this change?Affirmative asylum applicants who entered the U.S. unlawfully, are not in removal proceedings, and are unable to demonstrate two years of continuous residence may be subject to immediate dismissal and deportation under this new policy.

Can USCIS legally issue removal orders without an immigration judge?Under current law, expedited removal can be initiated by designated immigration officers, typically from ICE or CBP. The Trump administration is expanding this authority to include USCIS officers, which is legally controversial and may face court challenges. Traditionally, removal proceedings are overseen by the Executive Office for Immigration Review (EOIR), also known as the office for immigration review, which manages immigration courts and ensures due process.

What rights does an asylum seeker have under expedited removal?Individuals subject to expedited removal generally have limited rights. However, if they express a fear of return to their home country, they must be given a credible fear interview. If they pass, they may be referred for a full asylum hearing. Under the new policy, however, cases may be dismissed before such interviews are even conducted.

Can a dismissed asylum case be reopened or appealed?Possibly, but the mechanisms are limited. A motion to reopen can be filed, but if a person is already removed, that process becomes more difficult. Judicial review of expedited removal is also extremely limited by law.

What if the applicant has been living and working legally in the U.S. for years?Even long-term residents with pending asylum applications who entered unlawfully may be at risk. This includes people with U.S. citizen children, work permits, and years of tax filings. Legal presence and contributions to society may not prevent dismissal if the individual is subject to expedited removal.

Is this policy already in effect?While not officially announced, reports and notices reviewed by advocates indicate the policy is already being implemented in some cases. Some applicants have received dismissal notices without explanation or the chance for a hearing.

What is the legal basis for this move?The administration is using delegated authority under immigration law to redefine the enforcement role of USCIS and apply expedited removal more broadly. Critics argue this redefinition stretches legal boundaries and violates due process. The policy is being implemented in coordination with homeland security and customs enforcement agencies to strengthen border security and streamline removal processes.

What’s the difference between affirmative and defensive asylum?Affirmative asylum is requested by individuals not in removal proceedings, usually through USCIS. Defensive asylum is applied for during removal proceedings in immigration court. The new policy primarily targets affirmative applicants, making them more vulnerable to removal without a court hearing.

How many people could be affected?According to federal data, there are approximately 1.45 million pending affirmative asylum cases. About 25% of those applicants entered unlawfully, potentially exposing over 250,000 people to immediate risk under the new policy.

Is this the first time USCIS has been involved in removals?Historically, USCIS focused on processing immigration benefits, not enforcing deportation. This marks a significant shift, turning a benefits agency into an enforcement mechanism, and blurring long-standing institutional boundaries.

What steps should at-risk asylum applicants take right now?Applicants should consult an immigration attorney immediately, ensure they have documentation proving U.S. residency (especially if over two years), and prepare for the possibility of receiving a dismissal or expedited removal notice.

Could this policy be blocked in court?Possibly. Advocacy organizations like the ACLU may file lawsuits arguing violations of due process, statutory protections, or misuse of agency authority. Until courts intervene, however, the policy may proceed.

What happens if someone is deported after dismissal? Can they return legally later?In most cases, a person removed under expedited removal faces a five-year ban from reentry. If there is a prior removal order or other immigration violations, that period can be extended to ten years or permanently, unless a waiver is granted.

Does this change affect asylum seekers from countries with special protections like Venezuela or Ukraine?Potentially, yes. If those individuals applied for asylum affirmatively and entered unlawfully, they could be targeted. However, country-specific protections such as Temporary Protected Status (TPS) may shield some from expedited removal, depending on their legal status. Additionally, asylum cooperative agreements and country agreements between the U.S. and other nations may also influence eligibility and removal procedures for certain asylum seekers.

What is the role of ICE in this process under the new plan?ICE may still carry out the physical detention and removal, but the initial enforcement action—dismissal of asylum claims and issuance of removal orders—could now be handled entirely by USCIS under the administration’s directive.

What’s the broader goal behind this policy shift?The Trump administration’s objective is to significantly reduce the number of people eligible to remain in the U.S. through humanitarian protections. The plan aligns with broader efforts to eliminate what it views as “loopholes” in the asylum process.

Are there alternative paths to relief if someone’s asylum claim is dismissed?Some individuals may still be eligible for other forms of relief, such as withholding of removal or protection under the Convention Against Torture (CAT). However, these options are more limited and require stronger evidence, and eligibility depends on whether the person can remain in the country long enough to apply.

How can communities and employers support affected individuals?Community organizations can connect individuals to legal services, document their contributions, and advocate publicly. Employers can issue letters verifying employment and encourage affected individuals to seek legal help before receiving any notice of dismissal.


Final Thoughts: A Turning Point for U.S. Asylum

This potential development is one of the most significant shifts in U.S. asylum policy in decades. By converting an adjudicatory agency into an enforcement tool, the Trump administration is signaling a zero-tolerance posture on humanitarian relief for undocumented immigrants. These changes represent a fundamental transformation of the U.S. immigration system, affecting how policies, enforcement, and legal pathways are structured and implemented.

Advocates urge swift legal action and public awareness to ensure that the asylum process remains accessible and fair for those fleeing violence, persecution, and instability.

Need Legal Guidance? Contact Immigration Attorney Richard Herman

If you or someone you know has a pending asylum case or fears possible removal, don’t delay. The immigration landscape is changing rapidly.

Schedule a confidential consultation with veteran immigration attorney Richard Herman of Herman Legal Group. With decades of experience, Richard and his team help immigrants navigate complex policies, safeguard their rights, and fight deportation.

Book your consultation today: Schedule Here


EB-5 and Trump 2.0

As President-elect Trump takes office again on January 20, 2025 all immigration is up in the air. The EB-5 Immigrant Investor Program is no exception. Immigration is one of Trump’s top priorities so EB-5 investors should be prepared for changes and take advantage of the program.

Some see opportunities for growth and stability, others see challenges and slowdowns, but potential reforms could attract investors eager for a favorable environment and a more efficient application process.

EB-5 Under Trump?

Trump’s second term will be a mixed bag for EB-5:

Opportunities:

  • Business friendly policies, tax cuts and deregulation will create an investment immigration friendly environment.
  • A merit based system will streamline the process and attract high net worth investors.
  • Global alliances and support for emerging markets like cryptocurrency will create more investment opportunities.

Challenges:

  • Previous delays and strict adjudication policies still a problem for EB-5.
  • Travel bans and increased scrutiny during Trump’s first term showed us we need clear and consistent policies that prioritize economic growth, which has created uncertainty for foreign investors contemplating opportunities in the U.S.

For EB-5 investors, Trump 2.0 may mean a focus on economic contributions and business growth. By fixing inefficiencies and innovation the administration can make the US the go to destination for investment immigration.

This guide looks at the history, what to expect under Trump 2.0 and strategic advice for investors.

EB-5 Immigrant Investor Program

The EB-5 program was created in 1990 to stimulate economic growth in the US through foreign investment and in return provide permanent residency (green cards) to the investors, their spouses and minor children.

Here’s a summary:

Key Requirements

Investment Amount:

  • $800,000 for Targeted Employment Areas (TEAs) which are rural or high unemployment areas.
  • $1,050,000 for non-TEA areas.

Job Creation:

  • The investment must create at least 10 full time jobs for US workers.

Proof of Funds:

  • Investors must provide documentation to prove the lawful source of their funds.

With its dual focus on economic growth and job creation, the EB-5 program is most relevant during economic recovery or political shifts. Regulatory policies and market developments have a significant impact on foreign investors interested in the EB-5 program, particularly those looking to diversify their portfolios within the U.S. market.

How It Works

  1. Initial Application (I-526 or I-526E):
    • Investors submit their petition to prove they meet EB-5 requirements.
  2. Conditional Green Card:
    • Upon approval investors and their families get a 2 year conditional green card and can live and work in the US.
  3. Removal of Conditions (I-829):
    • After 2 years investors file to remove conditions and prove their investment met the program’s requirements including job creation.

How have previous Administrations managed the EB-5 program?

Trump Administration (2017-2021)

  • Minimal Direct Changes: Trump’s overall immigration policies were restrictive but EB-5 was left alone.
  • Processing Delays: Big backlogs in I-526 and I-829 processing during Trump’s first term. Investors were frustrated and the program slowed down.
  • Support for Real Estate: Trump’s background in real estate aligned with the program’s focus on development projects so there’s potential for EB-5 growth.
  • Economic Growth: Trump recognized the importance of investment immigration and excluded EB-5 from the broader immigration bans during his first term.
  • Focus on Illegal Immigration: Trump’s administration’s focus on illegal immigration could lead to significant changes in the immigration landscape, particularly affecting investor visas and the EB-5 program.

Some policies created bottlenecks but his administration laid the groundwork for a business friendly approach.

Biden-Harris Administration (2021-2024)

  • Reform and Integrity Act (RIA) of 2022: The Biden administration passed the RIA to fix the program, reduce fraud and introduce visa set-asides for rural and high unemployment areas.
  • Backlog Reduction: Efforts to speed up processing times included premium processing and online filing.
  • Engagement: Secretary of Homeland Security Alejandro Mayorkas has been meeting with EB-5 leaders so the administration is supportive of the program.

Trump’s First Term: Mixed Impact on EB-5

EB-5 was largely left alone during Trump’s first term but investors still faced challenges especially with processing times and additional requirements for green card issuance.

Key Events During Trump’s First Term

Minimal Policy Changes for EB-5:

  • Unlike H-1B or family based immigration the EB-5 program was not restricted or rolled back.

Processing Delays:

  • I-526 Petitions: Processing times for initial petitions increased by several years so investors were uncertain.
  • I-829 Petitions: Removal of conditions also had big backlogs so permanent green card approvals were delayed.
  • These delays were part of broader USCIS inefficiencies during Trump’s term.

Green Card Issues:

  • Public Charge Rule: Adjustment of status applicants had to provide extensive proof of financial self sufficiency under the revised public charge rule.
  • Consular Delays: Overseas applicants experienced inconsistent and slow processing through U.S. embassies with many cases lacking transparency.

Requests for Evidence (RFEs):

  • USCIS was more stringent in reviewing petitions and asking for more documentation to support eligibility.

Hong Kong’s Reclassification (July 2020):

  • Trump stopped recognizing Hong Kong as an autonomous region so Hong Kong investors were pushed into Mainland China’s longer EB-5 visa lines.
  • EB-5 applications from Hong Kong dropped significantly as Hong Kong was a major source of EB-5 applications.

More Scrutiny and Delays:

  • Removal of deference in adjudications means more scrutiny on petitions and longer processing times.
  • Travel bans targeting Muslim countries created uncertainty for potential investors and sent a bad message to foreign nationals.

EB-5 Processing During Trump’s First Term

The first Trump administration saw an initial increase in productivity of the Immigrant Investor Program Office (IPO) in processing EB-5 cases but it couldn’t keep up with demand.

IPO Productivity

  • 2017:
    • IPO was facing growing demand with backlog increasing from 12,453 to 24,992 cases.
    • IPO hired more officers including former Adjudicator Greg Sheehan who saw a big increase in productivity.
  • 2018:
    • IPO processed over 15,000 I-526s and reduced backlog to under 15,000 cases.
    • China demand decreased so IPO slowed down production due to lower volume.

Unsustainable Processing Pace

While the Trump administration improved backlog management the rapid pace of processing was not sustainable in the long term. But the infrastructure and resources built during this period will be the foundation for future progress.

Is IPO Ready for Today’s Demand?

Current IPO Capacity

FOIA request revealed that as of May 29, 2024:

  • IPO has 300 staff including:
    • 73 adjudicators
    • 23 economists
  • Compared to 2018, IPO has slightly fewer staff but more efficient since the backlog is manageable and post pandemic improvements.

Post-RIA Shift

The EB-5 Reform and Integrity Act of 2022 (RIA) has changed how IPO processes cases:

  • FY 2024 Data:
    • 815 I-526E petitions processed.
    • 5,293 I-526E petitions pending.
  • According to Sheehan, IPO is ready to transition smoothly from pre-RIA to post-RIA demand and focus on I-829 petition processing efficiency.

What to Expect Under Trump 2.0?

A second Trump administration could bring more challenges to EB-5 investors and build on what we saw during his first term. Here’s what we think:

Higher Costs

  • Filing fees across all immigration categories will increase and add more financial burden to investors.
  • Additional costs could be fees for expedite or RFE response.

Tougher Scrutiny

  • USCIS will ask for more RFEs and denials and require investors to provide more documentation to prove:
    • Lawful source of funds.
    • Job creation through their investment.
    • Compliance with other EB-5 requirements.
  • Consular interviews and application reviews will be more intense especially for applicants from countries considered national security risks.

Processing Delays

  • Backlogs will get worse due to limited USCIS resources and stricter review process.
  • Investors should expect longer wait times for initial petition and green card approval.
  • USCIS and DOS delays will discourage potential investors.

Increased Security Measures

  • Applicants from certain countries will be subject to additional security screening. This will disproportionately affect investors from countries flagged as national security risks.

Travel Bans

  • If new travel bans are implemented investors from certain countries will have trouble entering or exiting the US and managing their investments or meet residency requirements.

Legal and Regulatory Changes

  • Trump’s administration will bring a new SEC with different priorities.
    • For example, changes to the definition of “accredited investors” will impact EB-5 eligibility and access.
    • A less aggressive SEC will also change oversight of large real estate deals involving EB-5 funding.
  • There’s also a chance to reverse some of the USCIS operational changes made during the Biden administration.

Political Climate and Xenophobia

  • Some think anti-immigration rhetoric will impact EB-5 policies especially CFIUS oversight of foreign funded real estate projects.

Why EB-5 will still have advantages

Despite all these challenges EB-5 is still a unique immigration pathway compared to other visa options.
Trump supporters argue that his presidency will be good for EB-5

Trump supporters argue that his presidency will be good for EB-5

A Stable Immigration Option

Compared to other US immigration programs EB-5 is one of the most stable:

  • Job Creation: Tangible and measurable, a core requirement of EB-5 is a bipartisan priority.
  • No Cost to Taxpayers: The program is self funded through private investment so it’s politically attractive.
  • Economic Growth: EB-5 drives development in rural and high unemployment areas.

This stability is reassuring for both entrepreneurs and investors alike, ensuring continued interest in the program.

More Oversight

Government is improving financial and informational systems to prevent fraud and compliance. This will be more visible as IPO emphasizes transparency and transaction review.

Certainty through the RIA

  • EB-5 Reform and Integrity Act (RIA) locks in the program framework until March 15, 2027 so investors can plan ahead.
  • Investors can file now knowing the minimum investment and rules are fixed.

Concurrent Filing of AOS

  • Investors filing through regional centers in TEAs can file AOS with the initial I-526E petition. Others who are filing I-526 can file the AOS if their priority date is current.
  • This gives you:
    • Work Authorization (EAD): A 5 year renewable employment permit.
    • Advance Parole: Permission to travel internationally while waiting for green card approval.

Economic Priorities align with EB-5

  • Trump’s emphasis on job creation and economic growth both align with EB-5 goals.
  • EB-5 is an economic priority for policymakers so there’s less chance of sudden and drastic changes
  • Advocates will lobby Congress to increase EB-5 visa caps and expedite processing to maximize economic benefits.

Trump’s history with Real Estate

  • Trump’s background in real estate is closely tied to EB-5 funded development projects which will thrive under an administration that supports them.
  • Lower taxes and faster approvals will make real estate an even more attractive sector for EB-5 investors
  • Tax policies for high net worth individuals (HNWIs) during his previous administration made the US an attractive destination for foreign investors.
  • Experts think this will keep interest in EB-5 going.

Neutral to Favorable Policy Environment

  • During Trump’s first term EB-5 was largely untouched by broader immigration restrictions.
  • Many expect similar treatment in Trump’s second term and focus on investor confidence.
  • Trump’s policies are expected to influence foreign investment positively, particularly in sectors like real estate and digital assets.

Opportunities from H-1B and Visa Restrictions

  • stricter H-1B visa will redirect skilled workers and entrepreneurs to EB-5 like what happened from 2017 to 2020.
  • This will grow the EB-5 applicant pool and investment in US businesses.
  • The backlogs in EB-3 and EB-2 for Indian nationals with wait times of over 10 years will push more Indian professionals in the US on H1B to pursue EB-5.

Lobbying for Program Changes

  • Raise the Visa Cap: There’s hope that the lobbying to increase the annual EB-5 visa cap will bear fruit under Trump.
  • Faster Processing: Advocates will push for USCIS to improve efficiency to make the program more attractive to foreign investors.

Pro-Business Policies & Tax Cuts for High Net Worth Individuals

Republican administrations including Trump have always supported tax cuts for high net worth individuals. This could:

  • Reduce the tax burden on EB-5 investors.
  • Make the US a more attractive destination for foreign capital.
  • Trump’s promise to lower corporate taxes and reduce regulatory burdens will encourage foreign investment.
  • His administration’s tax reforms in his first term resulted in trillions of dollars in cuts that benefited corporations and high income earners making the environment more attractive for foreign investors.
  • Significant Tax Reforms: Trump’s administration’s efforts to lower corporate taxes and deregulate the business environment resulted in substantial tax cuts, positioning the U.S. as an appealing destination for foreign investment.

Merit Based Immigration

Trump’s merit based immigration system will align well with EB-5:

Economic Contributions:

  • A points based system that prioritizes skills and investments will make the program more attractive to high net worth individuals.
  • Global trends are shifting towards skilled immigrants and investor driven policies and Trump’s reforms will make the US a leader in attracting top tier investors.
  • Promoting Legal Immigration: By focusing on legal immigration through programs like EB-5, the administration aims to stimulate job creation and contribute positively to the economy.
  • Streamlined Application Process:
  • Merit based reforms will create a faster pathway for EB-5 applicants, less bureaucracy and less delays.

Simplifying EB-5 Regulations

  • Deregulation will simplify the approval process for EB-5 projects and make it easier for foreign entrepreneurs to set up businesses in the US.
  • With the Fraud Detection and National Security (FDNS) framework in place the integrity of the EB-5 program can still be maintained while reducing unnecessary bureaucracy.

Market Optimism: The Investor’s Reaction

After Trump’s election, markets surged:

  • Stock Market:
    • US stocks hit all time highs.
  • Dollar:
    • Dollar had its best day since 2022, as global investors flocked to the US market.

Trump’s Vision for the SEC and Cryptocurrency

SEC Regulatory Changes

  • Trump has promised to overhaul the SEC including firing Chair Gary Gensler whose strict regulations have been criticized for killing innovation.
  • A more relaxed SEC will reduce the compliance burden on EB-5 projects and crypto backed investments making it more attractive for entrepreneurs.

Cryptocurrency is the New Frontier

  • Trump’s crypto friendly approach will attract foreign investors:
    • His endorsement of Senator Cynthia Lummis a crypto advocate means he will support digital asset innovation.
    • A federal Bitcoin reserve and approved Bitcoin ETFs will make the US a more attractive crypto investment destination.
  • Crypto and EB-5:
    • A regulated crypto market will provide legal ways for foreign investors to use digital assets in EB-5 projects.
    • Crypto backed investments will provide new opportunities for diversification in the US market.
    • Transform Traditional Investment Paradigms: The emergence of cryptocurrencies offers innovative engagement opportunities for foreign investors, potentially reshaping established investment strategies.

Global Partnerships: Foreign Investment

Trump’s relationships with global leaders including Saudi Crown Prince Mohammed bin Salman and Turkish President Recep Tayyip Erdogan will bring more foreign direct investment to the US:

  • Saudi Diversification:
    • As Saudi Arabia reduces its dependence on oil its sovereign wealth fund will invest in US real estate and infrastructure projects.
  • Turkey’s Strategic Location:
    • Turkey as a bridge between Europe and Asia provides opportunities for US businesses and foreign investors to partner.

These relationships are expected to facilitate increased foreign direct investment in the U.S., particularly in sectors like real estate and infrastructure.

This will bring more foreign investment to EB-5 projects and the economy.

How to Navigate the New Landscape as an EB-5 Stakeholder

Whether you are optimistic or cautious you should act now.

  1. File Applications Now
    • Investors should file now to avoid delays from policy or procedural changes.
    • Filing now will reduce the impact of processing times and fees rising.
  2. Stay Up to Date on Policy Changes
    • Attorneys and investors should follow USCIS, SEC and Congress for updates on new regulations.
    • Subscribe to newsletters or alerts from immigration law firms to be informed.
  3. Get Professional Help
    • Work with experienced immigration attorneys who know the EB-5 process.
    • Attorneys can help with RFEs, consular interviews and find alternative paths if needed.
  4. Advocate
    • Lobbying should focus on increasing the EB-5 visa cap and reducing processing times to make the program more attractive to foreign investors.
  5. Diversify Your Investment Strategy
    • Invest in projects with track record of success especially in TEAs to reduce risk and ensure job creation requirements are met.
  6. Plan for Delays
    • Build in flexibility to your timeline especially if you need to sync your green card process with business or personal commitments

EB-5 Controversy

Keep an Eye on Family Connection to EB-5

There has been some controversy around EB-5 thanks to high profile players like Jared Kushner, Trump’s son-in-law and former White House Advisor. With deep ties to luxury real estate and political influence Kushner’s family business shows how the program has become a powerful tool for developers and raises questions of conflict of interest.

The program was ignored at first but became a lifeline for developers after the 2008 financial crisis.

Kushner and EB-5: Using Influence

Family Ties and Conflicts of Interest

Jared Kushner resigned from Kushner Companies when he became a senior White House advisor to Donald Trump but the family name was still used in EB-5 pitches overseas.

  • Real Estate Promotions in China:
    • Kushner representatives were actively marketing to Chinese investors saying that funding projects with the family would get US visas.
    • Events featured properties with the Kushner name to leverage the political connections to attract investors.

Critics’ Complaints

The Kushner family using EB-5 shows how the program is used to benefit luxury real estate instead of its intended purpose of helping rural or distressed areas.

EB-5 Original Purpose vs. Reality

The Intent: Direct Investment to Needy Areas

EB-5 was meant to invest foreign capital in struggling communities to revitalize the economy in:

  • Rural Areas: Areas with low population density.
  • Urban TEAs: Areas with high unemployment.

The Reality: Funding Luxury Projects

  • Luxury over Necessity:
    • High end projects like Miami’s Skyrise and Los Angeles’s Century Plaza Hotel have received hundreds of millions in EB-5 funding.
    • These projects rarely align with Congress’s original intention for the program.
  • TEA Gerrymandering:
    • Developers manipulate Census tracts to include high unemployment areas to qualify their luxury projects for the investment threshold (then $500,000).
    • Example: Manhattan’s Hudson Yards used Census data from Harlem to qualify as a distressed area despite being one of the most expensive neighborhoods in New York.

How EB-5 Became a Chinese Magnet

China’s EB-5

  • High Demand: Chinese investors are the majority of the program, looking for US residency for their families.
  • Visa Backlogs: Demand has created years long wait times for visas and has diminished the program’s promise of speed.

Low Returns, High Appeal:

For wealthy Chinese families the visa is the main goal:

  • Lower Risk Threshold: Investors prefer the $500,000 option even if returns are minimal.
  • Luxury over Necessity: A prestigious address is more important than the intention to help struggling communities.

The Kushner Effect: Warping EB-5

Advantages for Connected Developers

Projects associated with politically connected families like the Kushners have an added draw for foreign investors:

  • Perceived Safety: Investments with the White House seem less risky.
  • Access to Foreign Capital: Developers with political ties can get ahead of the line for a share of the 10,000 annual EB-5 visas.

Case Study: 666 Fifth Avenue

  • Project: Kushner Companies considered using EB-5 to redevelop the Manhattan skyscraper with Chinese insurer Angbang.
  • Impact: The $850 million project could have used up 50% of the program’s annual visa allocation showing how big luxury projects overshadow smaller, more meaningful projects.

Democracy Forward Sues Trump Administration Over Jared Kushner’s EB-5 Role

Democracy Forward, a watchdog group, filed a lawsuit The lawsuit was filed in the U.S. District Court for the District of Columbia against the Trump Administration seeking transparency on Jared Kushner’s involvement in the EB-5 Immigrant Investor Program. The lawsuit was filed after federal agencies, including the Department of State (DOS), Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS) failed to disclose critical information about Kushner’s connection to the program.

The lawsuit raises concerns about the EB-5 program being used to benefit Kushner Companies’ real estate projects and cites federal investigations into these allegations.

Key Points and Concerns

  1. Federal Investigations Into Kushner Companies
    • Kushner Companies, owned by Jared’s family, used the EB-5 program as a major funding source for their real estate projects.
    • Federal prosecutors in New York and the Securities and Exchange Commission (SEC) began investigating after Nicole Kushner Meyer, Jared’s sister and a principal at Kushner Companies, used her family’s ties to the White House to attract foreign EB-5 investors.
  2. Jared Kushner’s Role and Security Clearance Scandal
    • Kushner was initially denied top secret clearance due to concerns about foreign influence tied to his business.
    • The Washington Post reported that officials from at least four countries discussed using Kushner’s business ties for leverage.
    • President Trump personally overruled and granted Kushner top secret clearance.
  3. Timing of EB-5 Program Renewal
    • May 2017: President Trump reauthorized the EB-5 program just before it was set to expire.
    • Hours later Nicole Kushner Meyer pitched a family real estate project in New Jersey to Chinese investors, calling it a “Kushner family project” and referencing the EB-5 program.
    • Promotional materials included video of President Trump, raising questions about whether White House policy was influenced by Kushner’s financial interests.

Democracy Forward Statement

Anne Harkavy, Executive Director of Democracy Forward:

“A nice way of saying this White House has no conflict of interest policy might be ‘ethically challenged.’ The public deserves to know if helping out the Kushner family was why President Trump reauthorized the EB-5 program and to what extent Kushner’s personal financial needs are driving White House policy on this.”

Has EB-5 Gone Back to Its Roots?

The RIA law was an attempt to address the EB-5 deficiencies:

  • Tighten TEA Definitions: Stop gerrymandering by making the definitions of distressed areas more strict.
  • Focus on Rural Communities: Shift investment away from urban luxury projects to areas that need economic growth.
  • Increase Oversight: Monitor transactions to ensure compliance and prevent misuse.

The Future of EB-5 in a Political World

The Kushner family’s use of the EB-5 program shows the bigger problems with the program. While intended to help struggling communities the program has been hijacked by luxury developers. Projects tied to influential families like the Kushner’s only exacerbate

FAQ: EB-5 Investor Green Card Program Under Trump 2.0

General EB-5 Questions

Questions About Trump’s Policies and How They Affect EB-5

Investment Questions

Processing and Adjudication

Regional Centers and Project Selection

Global Investor

Compliance, Fraud and Oversight

Future of EB-5

EB-5 Tips for 2025 and Beyond

  • Start Early: File your petitions as soon as possible to avoid processing delays or policy changes.
  • Stay Informed: Follow USCIS and Trump administration updates on EB-5.
  • Hire Experts: Work with experienced immigration attorneys and reputable regional centers.
  • Pick Proven Projects: Go with projects that have a track record of compliance and job creation.
  • Plan for Delays: Factor in the backlogs in your timeline.

EB-5 in the Trump 2.0 Era

The EB-5 Immigrant Investor Program has survived multiple administrations and is here to stay as part of U.S. economic policy. Trump’s second term will bring both opportunities and challenges. Proper planning, informed decision making and professional guidance will help investors navigate the changes.

Call the Herman Legal Group if you have questions about EB-5 or need help with your petition.

Trump 2.0: Immigration Policies Likely to Impact Family & Employment

With Trump re-elected, we need to know what will happen to marriage-based immigration, K-1 visas, CR1/IR1 visas and green cards. While his second term policies are still unknown, we can look to his past actions and statements, including numerous immigration executive orders, to get a sense of what might change. Here’s what applicants and sponsors can expect and what to do.

As the U.S. heads into a second Trump administration, understanding the immigration policy changes is key for families and businesses. Here’s what to analyze and how to prepare:

  • Actions taken 2017-2021 during his first term.
  • Campaign statements and proposed policies.
  • Reversals and adjustments made by the Biden administration, many of which will be rolled back. President Biden has revoked several of Trump’s immigration executive orders, reshaping the immigration landscape.

Whether you are a foreign worker, a family seeking immigration benefits or an employer of international talent, you need to be prepared.

Trump and K-1 and CR-1: Marriage-Based Immigration

Trump’s Immigration Policy

  • Trump’s immigration policy has been about reducing immigration, including marriage-based immigration.
  • The Trump administration has taken many steps to reduce the number of immigrants entering the US, including tighter visa requirements and more visa application scrutiny. A directive from President Trump emphasized the importance of not taking shortcuts in the enforcement and administration of these laws, highlighting the need to administer immigration laws effectively.
  • The administration’s “America First” policy puts American citizens first, not immigrants.

Impact on Marriage-Based Immigration

  • Trump’s policies have had a big impact on marriage-based immigration, including K-1 visas and CR-1 visas.
  • He’s made these visas more difficult with more documentation and more scrutiny of applicants by immigration officers.
  • Processing times for these visas have also gotten longer, causing delays and uncertainty for applicants.
  • Issuance of green cards to those outside the U.S. has declined, impacting family reunifications and employment-based immigration.

K-1 Fiancé(e) Visas

  • Trump has made K-1 fiancé(e) visas more difficult with more documentation and more scrutiny of applicants.
  • Processing times for K-1 visas have also gotten longer, causing delays and uncertainty for applicants.
  • K-1 visa denial rate has also increased, with some reports saying up to 30% of applications are being denied.

Visa Applications

  • Trump may make changes to visa applications, more requirements and more scrutiny of applicants during the immigration process.
  • He may also lengthen processing times for visa applications, more delays and uncertainty for applicants.

Families and Employers

  • Trump’s policies have impacted families and employers who rely on marriage-based immigration.
  • More scrutiny and processing times for visa applications, especially those involving legal immigration, means more delays and uncertainty for families and employers.
  • The denial rate for visa applications has also affected families and employers, causing separation and disruption.

Be Prepared for Policy Changes

  • Families and employers should be prepared for policy changes by staying up to date on immigration laws and policies.
  • Applicants should also make sure they meet the requirements for their visa application and have all documents.
  • Applicants should also be prepared for delays and uncertainty in the process and plan accordingly.

What to Do Now?

File Before January 20:

  • File your case under current rules before requirements get stricter, as seen during the previous Trump administration.
  • Apply for citizenship, green cards or family-based visas now.

Bolster Financial Evidence:

  • Max out your Adjusted Gross Income on your 2024 tax return.
  • Minimize deductions to meet financial eligibility thresholds.

Expedite Interviews:

  • If you have a pending USCIS or consular interview, schedule it ASAP to avoid delays from new policies.

Prepare for RFEs:

  • Check documentation twice to make sure you meet all requirements.
  • Load up applications with strong evidence of bona fide relationships to ensure the USCIS reviewing officer can assess your eligibility without needing additional documentation.

Get Professional Help:

  • Immigration laws are complicated and ever-changing. Work with an immigration expert to help you navigate the process.

Families and Employers

To guide your strategy in preparing for Trump 2.0, the following chart will provide some key guidance.

Family-Based Immigration

Policy AreaTrump’s First TermBiden AdministrationSecond Trump Term Expectations
Public Charge RuleIntroduced strict financial proofReversed ruleLikely reinstatement, reflecting President Trump’s last term policies
Adjustment InterviewsMandatory for all casesWaived for low-risk casesUniversal reinstatement
Sponsor Income RequirementsIncreased income thresholdsRestored previous thresholdsHigher financial requirements
Form I-944Required detailed financial proofEliminatedLikely reinstatement
K-1 Fiancé VisasSlower processing and increased RFEsStabilizedPotential additional scrutiny

Processing and Procedures

Policy AreaTrump’s First TermBiden AdministrationSecond Trump Term Expectations
Requests for Evidence (RFEs)Increased RFEs, particularly for employment casesReduced issuanceHigher rates of RFEs as USCIS reviewing officer examines applications more thoroughly
Processing TimesLengthened processing timesImproved efficiencyAnticipated delays
Premium ProcessingLimited availabilityExpanded premium processingPotential restrictions

Entry and Admissions Policies

Policy AreaTrump’s First TermBiden AdministrationSecond Trump Term Expectations
Travel BansImposed regional bans targeting nationsRescinded bansPotential expansion to new regions
Enhanced VettingIntroduced social media reviewsLimited screeningBroader scrutiny
Refugee CapsSignificantly reduced quotasIncreased admissionsStricter limits

Employment-Based Immigration

Policy AreaTrump’s First TermBiden AdministrationSecond Trump Term Expectations
H-1B Wage RequirementsIncreased wage thresholdsReverted to prior calculationsHigher wage thresholds
Specialty OccupationNarrowed definitionsBroadened criteriaStricter eligibility
H-4 Work AuthorizationThreatened removalPreserved authorizationLikely elimination
Compliance and OversightEnhanced audits and reviewsReduced compliance pressureStricter compliance requirements
OPT and STEM OPTHeightened scrutinyExpanded opportunitiesStricter oversight

Actionable Insights

Takeaways

For Families:

  • Start financial preparations early, like building up savings and gathering documentation like tax returns, credit reports and proof of income.
  • Work with immigration experts to navigate the restrictions and explore waiver options where possible.
  • Prepare a Safety Plan.

For Workers:

  • Keep detailed job descriptions and supporting documents to match stricter eligibility requirements.
  • Stay up to date on policy changes, use expedited filing where possible and explore alternative visa options if needed.

For Employers:

  • Conduct proactive audits to prepare for regulatory changes.
  • Develop contingency hiring plans, such as diversifying talent sources or remote work for critical roles.
  • Work with legal teams to address potential issues for high-priority positions that require specialized visas.

Trump to Overhaul Immigration from Day One

President-elect Donald Trump is preparing to remake the U.S. immigration system from day one on January 20, when he takes office. Immigration has been a big part of Trump’s platform and his second term will deliver on the promises he made during the 2024 campaign.

Trump’s Plan: Immigration Reform from Day One

From his campaign speeches to policy statements, Trump has made immigration reform his top priority. His latest moves include high-profile appointments and a clear timeline for action. Here are the key parts of his plan:

  • Mass Deportations: Crack down on undocumented immigrants, starting with those who have committed crimes.
  • End Birthright Citizenship: Eliminate automatic citizenship for those born on U.S. soil to undocumented parents.
  • Border Security: Restart the southern border wall and deploy advanced technology.
  • Secure the Border: Trump will issue immigration executive orders on day one to harden the border.

Key Appointments

Trump has tapped immigration hawks to lead the charge:

  • Stephen Miller: As deputy chief of staff, Miller will help shape and execute broad immigration policies.
  • Tom Homan: Back as “border czar,” Homan has years of enforcement experience and promises to move fast.

Both have been on the airwaves, explaining the administration’s plans to crack down on immigration and secure the border.

Legislative Agenda: Reconciliation Package

The administration will use the budget reconciliation process, which allows some measures to pass with a simple majority in Congress. Here’s what’s expected to be in the package:

  • More ICE Funding: To support mass deportations and enforcement.
  • Border Infrastructure: Additional funding for walls, barriers and technology at entry points.
  • More Border Agents: To handle the expected surge in enforcement.

Republicans hope to get this to Trump’s desk by late January or early February.

Executive Orders on Day One

Trump will sign multiple executive orders on his first day, one of which Miller described as an order to “secure the border.” These will include:

  • Immediate asylum halts.
  • Expedited deportations for undocumented immigrants.
  • Policies to pressure sanctuary cities to work with federal immigration authorities.

A Second Term with a Plan

Unlike his first term, Trump has a plan and experience. As immigration advocate Ira Mehlman says:

“They’ve had four years to learn the system and they’re ready to do it.”

Economic and Human Costs

While Trump’s base supports his stance, critics warn of big economic and social costs. Here are the concerns:

  • Economic Disruption: Deporting millions of workers from industries like agriculture, construction and hospitality which rely heavily on undocumented labor.
  • Family Separations: Deportation policies will split families, including those with mixed immigration status.
  • Legal Challenges: Democratic governors and advocacy groups have vowed to fight ending birthright citizenship, predicting many court battles.

Tough Policies with a Path for Dreamers

Trump has hinted he’s open to a legislative solution for Dreamers, young people brought to the US illegally as children. But that will likely require Democratic support for more border security.

Opposition and Legal Barriers

Democratic leaders and immigration advocates are gearing up to push back. Senate hearings have already shown differing views:

  • Republican Arguments: Advocates like Patty Morin say undocumented criminals are a danger, citing personal stories as proof of need for tougher enforcement.
  • Democratic Arguments: Critics, including Sen. Dick Durbin, say mass deportations would be expensive and inhumane and advocate for targeted enforcement and a path to legal status.

Durbin summed up the opposition’s view:

“Deporting every undocumented immigrant would cost hundreds of billions and tear families apart. Let’s focus on those who are a real threat.”

What’s Next? A Country Divided on Immigration

As Trump takes office the fight over immigration policies will be front and center in both the political and legal arenas. With his base behind him and Democratic governors and advocacy groups opposed, the country is in for an immigration showdown.

Whether it works will depend on his administration’s ability to get through Congress, public opinion and the courts. One thing is for sure: immigration will be a hallmark of his presidency.

What to Expect from the Trump Administration

Executive Orders and Policy Changes on Day One

The administration will move quickly in several areas:

USCIS Adjudication Practices:

  • Reinstatement of policies that allow for more denials without first requesting additional evidence.
  • No deference to prior approvals, more denials and longer processing times.

Humanitarian Programs:

  • TPS and parole programs for countries like Cuba, Haiti, Nicaragua and Venezuela will be terminated.
  • DACA status is unclear, will create workforce disruptions.

I-9 Audits and Worksite Inspections:

  • More frequent audits, investigations and site visits to verify H-1B and L-1 compliance.

Travel Restrictions:

  • More travel bans and increased visa interview screening will make international travel for employees more complicated.

USCIS Vigorously Enforce Immigration Law

  • Tighter Scrutiny:
    • USCIS will take no shortcuts, looking for minor errors or inconsistencies in applications.

Delays and Denials:

  • More scrutiny means longer processing times and higher denial rates.

Requests for Evidence (RFEs)

  • Historical Trend: During the previous Trump administration, RFEs skyrocketed for trivial reasons, causing system-wide slowdowns.
  • Future Expectation: Be prepared for more documentation and detailed responses to avoid delays.

Extreme Vetting

  • Consular Interviews: You may be required to:
    • Turn over your phone for inspection of contact lists and photos.
    • Share your social media usernames and passwords.
    • Provide 15 years of travel, employment and address history.
    • Answer ideological questions about U.S. culture and values.

Public Benefits and Financial Eligibility Rules

  • Expanded Ineligibility:
    • Previously included cash welfare recipients (e.g. SSI, food stamps).
    • May include non-cash benefits like Medicaid, subsidized housing and Medicare Part D.
    • May disqualify sponsors who ever received public benefits in their lifetime.
  • New Proposals:
    • Require proof of assets in addition to income.
    • Require health insurance for sponsors and applicants.
  • Impact: Sponsors will have to show higher financial stability and comply with stricter definitions.

Best and Brightest

  • Eligibility Changes: New rules may favor immigrants with advanced education, specialized skills and good health over family based applicants.
  • Refugee Admissions
  • Refugee admissions were cut to historic lows during Trump’s presidency.

Mandatory Interviews

  • Current Practice: Waivers are often granted when sufficient evidence shows a bona fide relationship.
  • Expected Change: The USCIS reviewing officer may have the discretion to waive mandatory interviews if sufficient evidence of a bona fide relationship is provided. However, there is an expected change towards mandatory interviews for all K1 and CR1/IR1 applicants, leading to longer processing times.

Delays and Backlogs

  • Total Impact: Stricter rules and more requirements means slower case resolution, backlogs and denials.

Higher Standards for U.S. Citizenship

  • Civics Test: Expect a more difficult civics test with more questions and higher passing scores, reversing Trump’s previous changes.
  • Ramping up of denaturalization efforts.

Family-Based Immigration

  • Proposed Changes:
    • Eliminate eligibility for parents and siblings of U.S. citizens to immigrate.
    • Only spouses and minor children.

Long-Term Immigration Reform

As his term goes on, Trump will likely:

H-1B Program Reform:

  • Redefine “specialty occupation” criteria.
  • Higher wage requirements for H-1B workers.
  • Prioritize cap registrations by salary.

Visa Denials and Restrictions

  • H-1B Visas: Denial rate for initial H-1B employment applications rose to 24% in 2018 and 21% in 2019 from 6% before Trump was elected. Renewals also saw increased scrutiny with denial rate of 12% in 2018 and 2019.
  • Court Challenges: After lawsuits, denial rate fell to 2% in 2022. But Trump’s team left a 2020 rule in place to reinstate restrictions which could be re-imposed in a second term.
  • L-1 Visas: Trump used immigration law to bar entry for intra-company transferees, but courts ruled he overstepped his authority.

F-1 OPT Programs:

  • Reduction or elimination of Optional Practical Training (OPT) for international students.
  • Specific Work Authorization Programs:

End to Employment Authorization Documents (EADs)

for H-4 spouses and other individual programs.

Merit-Based Immigration:

  • Prioritize highly skilled, educated workers with good economic prospects over family based immigration, emphasizing the importance of legal immigration to attract and retain top talent.
  • Proposals include wage floors, recruitment requirements and protections for American jobs and wages.

End Birthright Citizenship:

  • A controversial proposal to deny automatic citizenship to children born in the U.S. to non-citizen parents.

For Employers

Tougher Visa Adjudications

  • Expect more documentation requirements for H-1B, L-1 and O-1 visa petitions.
  • Routine applications will be delayed, especially those not done through premium processing.

Travel Disruptions

  • New travel bans will complicate both personal and business travel.
  • Employers should plan ahead for potential delays or denials that will leave employees stranded abroad.

More Stringent Screening

  • Visa applications will require more scrutiny for ideological affiliations or positions.
  • Employers should prepare for longer consular processing times.

Increased Enforcement

  • Expect more I-9 audits and potential workplace raids.
  • Employers should have robust onboarding process, regular internal audits and compliance training for HR teams.

Financial and Operational Impact

  • Higher prevailing wage requirements will impact H-1B workers and other employment-based visa categories.
  • TPS and H-4 EAD terminations could result in losing key employees and disrupting business.

Internal Housekeeping

  • Audit I-9 and visa compliance regularly.
  • Have escalation protocols for audits, raids or employee status changes.

Consult with Experts

  • Stay in touch with immigration counsel to stay on top of the changing rules.
  • Develop contingency plans for affected employees and workforce strategies to address potential disruptions.

Follow Policy

  • Monitor legislative and regulatory changes especially those that impact employment based immigration.
  • Be aware of new travel and visa restrictions to avoid surprises.

Plan for Workforce Changes

  • Identify roles that will be impacted by changes to visa or work authorization programs.
  • Plan alternative staffing and workforce strategies.

Economic Impact of Immigration Policies

Policies during Trump’s previous administration suggest this plus the pandemic reduced the foreign born workforce. The impact was measurable:

  • GDP Growth Decline: Economist Madeline Zavodny estimated that between 2016 and 2022 U.S. GDP was $335 billion lower than it would have been if the foreign born working age population had continued to grow at previous rates.
  • Labor Shortages: A smaller working age population means higher wages and shortages in industries that rely on foreign workers like technology, agriculture and hospitality.

Project 2025: The Second Trump Term Blueprint

Developed by the conservative Heritage Foundation with input from former Trump administration officials, Project 2025 outlines the immigration policies Trump could implement if re-elected.

Temporary Work Visa Overhaul

  • H-1B Program: The plan will turn H-1B into an elite program for the highest paid foreign workers, top talent only, and discourage lower wage applications.
  • H-2A and H-2B Visas: The plan will freeze the list of countries eligible for these visas which would severely impact sectors like agriculture, hospitality and construction by reducing foreign labor availability.

Increased Vetting and Enforcement

  • Longer Background Checks: USCIS staff will focus more on security vetting which could delay processing of work permits and other benefits.
  • More Frequent Permit Renewals: Immigrants will have to renew their work permits more frequently which will add to the backlogs.
  • Deportation of Denied Applicants: Project 2025 recommends deporting individuals whose immigration benefit applications are denied even if they are legally in the US.

What’s at Stake

For Businesses and Workers

  • Agriculture: Niskanen Center says freezing H-2A visa updates could reduce farm labor by 10% which would mean higher costs and lower productivity.
  • Tech Industry: Limiting H-1B visas to top earners would disadvantage smaller tech companies that can’t compete with the big players for talent.
  • Hospitality and Construction: These sectors that rely heavily on H-2B workers would face severe labor shortages and higher costs.

For Immigrants and Families

  • Immigrants with pending status could face prolonged uncertainty and deportation if benefits are denied or delayed.
  • Humanitarian parole programs like Venezuelans, Ukrainians and others could be eliminated.

Trump’s Promise of the Biggest Deportation Operation in U.S. History

Now that the 2024 presidential election is over the biggest question being asked is what will the second Trump administration do on immigration?

Former president Donald Trump made immigration the centerpiece of his campaign and promised the “biggest deportation operation in American history if re-elected. His proposals go way beyond what he did in his first term and will impact millions of immigrants and change the way America approaches immigration enforcement, border protection, security and family reunification.

Trump’s immigration platform goes beyond undocumented immigrants. His policies will change the very fabric of U.S. immigration, legal pathways, citizenship and protections for asylum seekers.

“Liberation Day” and New Immigration Enforcement

Some of Trump supporters have characterized November 5, 2024 as “Liberation Day” — the day when Trump won the election and put him on the path to free America from “foreign occupation” by gangs and drug cartels.

Trump has pledged to move significant federal law enforcement resources to immigration enforcement, especially against gang and cartel activity. Federal law enforcement officers will play a crucial role in executing large-scale immigration enforcement operations and arresting undocumented individuals as part of this initiative.

Key Themes and Anticipated Changes

“Our Country is Full”

In 2019, President Trump tweeted, “Our Country is Full,” signaling an emphasis on restricting immigration. His administration’s focus included building border walls, deporting undocumented immigrants, altering DACA, and scrutinizing naturalized citizens. Applicants for fiancé, spouse, and family visas should expect stricter requirements and longer wait times.

Get Ready for a Big Change in U.S. Immigration Policy

As the new administration begins, Trump’s plan is clear: border walls, mass deportations and less humanitarian protection. Employers, immigration advocates and migrants should stay informed and consider getting ahead of the changes.

In this article we will look at Trump’s immigration policies, the social and economic consequences and the bigger picture for immigrant communities and the country.

American People Want Aggressive Immigration Enforcement

Before we get into the policies of the second Trump administration, we need to first look at what the voters said on November 5, 2024.

Recent polling shows Americans are more in favor of stricter immigration policies, in line with former President Donald Trump’s position. According to the AP Vote Cast survey, more Americans now favor deporting undocumented immigrants rather than a pathway to legal status. This shift underscores the public’s support for stricter immigration law and highlights the legal implications of such policies.

AP Vote Cast Results

  • Deportation: 4 in 10 voters think undocumented immigrants should be sent back to their country of origin, up from 3 in 10 in 2020.
  • Less Support for Legal Status Pathways: While most voters still support legal status for undocumented immigrants, that number has dropped since the last election cycle in 2020. This means the electorate is more hardline on immigration.

Trump’s Immigration Message and Its Impact

  • Border Crossings and Crime: Trump has made the surge in illegal crossings at the U.S.-Mexico border a national security threat, linking it to crime. During the last Trump administration, there were significant changes in immigration policy, including a revised civics test for US citizenship and proposed extreme vetting measures for immigrants. He has focused on immigration in swing states, framing it as a national security issue.
  • Falsehoods: Trump has falsely and controversially accused Haitian immigrants in Ohio of doing strange things, including eating pets. While these claims are not true, they may have played well with voters in battleground states far from the border like Pennsylvania, Michigan and Wisconsin.

Strong Support Among Trump Voters

  • Deportation in Key States: In Pennsylvania, Michigan and Wisconsin, 8 in 10 Trump voters favor deportation over a pathway to legal status. This is high in these states so Trump’s immigration message is resonating.

This shows Trump’s tough stance on immigration is working more than ever with more voters in favor of more.

But we’ll see if Americans will continue to support this when they watch on the news every night: families being torn apart, parents being arrested and imprisoned and children crying.

Trump’s Immigration Plan

Trump’s immigration plan goes beyond deportation and enforcement, he wants to overhaul the entire U.S. immigration system. Here are the main parts of his plan:

Mass Deportations on a Massive Scale

Number: Trump wants to deport up to 20 million people, including undocumented immigrants and those with temporary legal status. This is more than any previous deportation effort and includes people who have lived in the U.S. for years. The immigration courts are already overwhelmed, and such a large-scale deportation plan would exacerbate the backlog in asylum system, necessitating a significant expansion of resources to handle the influx of new cases.

Trump’s Vision for Mass Deportations

  • Broader Reach: Trump has promised the “biggest deportation program in U.S. history,” targeting undocumented immigrants, especially those accused of violent crimes. During the campaign he pointed to examples of undocumented immigrants to make his point, but some were debunked.
  • Targeted Areas: Trump has named specific places like Springfield, Ohio and Aurora, Colorado as the first areas to focus on, saying he would take away temporary legal status from certain immigrant groups in those areas. His team has also mentioned deporting individuals with extremist ties, like “pro-Hamas radicals” from college campuses.
  • Advisors: Trump’s campaign press secretary said his plan is total, he will use every federal and state resource to do mass deportations.

How Mass Deportations Would Be Enforced

Military and Law Enforcement: President Donald Trump officials say he would use a wide range of resources to enforce deportations of unauthorized immigrants, including the U.S. military, National Guard and local law enforcement. This could mean extensive cooperation with state and local police to find and detain undocumented immigrants.

Executive Authority: Trump could use emergency powers and numerous executive orders and actions to speed up deportations and bypass some protections for undocumented immigrants. Legal scholars say he could use obscure wartime provisions that were used for mass detentions in the past, like during World War II for Japanese, German and Italian nationals.

More Contracts with Private Companies: The deportation process would likely involve private contractors for detention facilities, transportation and deportation flights. Private companies already manage many parts of immigration detention and this could increase if deportation efforts grow.

Historical Comparison: Trump’s plan is modeled after Eisenhower’s “Operation Wetback” in the 1950s where the U.S. forcibly deported people of Mexican descent, including U.S. citizens. But Trump’s is bigger and broader, targeting long-time residents and new arrivals.

More ICE: The new administration will remove the limits on Immigration and Customs Enforcement (ICE) put in place by the Biden administration so ICE will be more active against undocumented people in the U.S.

Alien Enemies Act: new Trump administration will use the Alien Enemies Act to target violent gangs like Venezuela’s Tren de Aragua and cartel members with a focus on reducing organized crime in immigrant communities.

Logistical and Legal Hurdles

Experts say deporting 20 million people in 4 years is impossible without significant resources, an expanded law enforcement workforce and a lot of money: Mass deportations at this scale means massive arrests, detentions and immigration hearings. Each stage requires due process which means legal representation, appeal rights and judicial review. To achieve this scale would mean bypassing or stretching legal protections — which would be challenged in court.

Extraordinary Economic Hurdles

Cost of Mass Deportations

  • Cost Estimates: According to estimates by Vice President-elect J.D. Vance and the American Immigration Council, deporting 1 million people a year would cost $88 billion a year. Deporting the entire 11 million undocumented population would take 10 years and cost nearly $1 trillion.
  • Detention Capacity: ICE currently has capacity for 41,500 people a day, it peaked at 55,000 during Trump’s first term. To support the scale Trump envisions, detention facilities would need a 24 fold increase in capacity which is logistically and financially impossible.
  • Private Contractor Opportunities: Trump’s plan will create opportunities for private contractors in detention, transportation and security as private companies will be able to expand their role in detention facility management, flight operations for deportations and other services.

Court Challenges

  • Immigration advocates and civil rights groups will sue against mass deportation policies citing constitutional protections and due process rights. But Trump’s influence on the judiciary during his first term, including hundreds of conservative judges, may make it harder to do so. Legal advocacy groups like the ACLU are preparing to sue against mass deportations to defend constitutional rights like due process and protection against unreasonable search and seizure

Community/State Resistance:

  • Some states and local governments will resist federal efforts, especially those with pro-immigrant policies. Local governments and advocacy organizations are preparing to counter deportations by offering legal resources and challenging enforcement in court. Local governments and immigrant communities are organizing resources to provide legal aid, rapid response networks and to educate immigrants about their rights.

Militarized Immigration Enforcement and National Guard

Trump’s immigration enforcement plan includes a big increase in immigration enforcement with military and local police.

  • Deploying Military and Law Enforcement: Trump’s plan includes using National Guard troops to assist in immigration enforcement, raids and detaining undocumented individuals with local law enforcement. Trump’s advisor Stephen Miller has talked about creating a new deportation force with military personnel and federal agents in states with cooperative officials.
  • Sweeps and Raids: The plan would involve big raids in immigrant communities and workplaces, increasing the risk of wrongful arrests, racial profiling and rights violations.

Response:

  • Limit Local Involvement: Many states and cities with pro-immigrant policies are preparing to opt out of mass deportations. They are passing laws and policies to prevent local law enforcement from being used in federal immigration enforcement.
  • Documentation and Accountability: Legal organizations are organizing to document and challenge militarized enforcement abuses and ensure transparency and accountability.

Dismantling Humanitarian Protections: Ending Asylum and TPS

Trump’s immigration plan includes ending asylum protections and revoking humanitarian protections for people from conflict zones.

Reviving Title 42, Asylum Restrictions & TPS

  • Title 42: Trump will revive Title 42, a public health policy implemented during COVID-19 that allowed for rapid removal of migrants. He will likely use it to block asylum claims broadly.
  • Remain in Mexico Policy: Trump will bring back the policy forcing asylum seekers to wait in Mexico while their cases are processed. Critics say this policy puts vulnerable people in harm’s way and limits access to legal assistance.
  • Ending Asylum: Trump’s administration will end asylum for those seeking protection at the border. Asylum is a fundamental right under U.S. and international law for people fleeing persecution. Trump’s restrictions would severely limit asylum claims at U.S. borders, forcing migrants to stay in dangerous conditions in their home countries.
  • TPS Protections: Temporary Protected Status (TPS), which allows people from countries in crisis to live in the U.S., would also be curtailed under Trump’s plan. Revoking TPS would affect hundreds of thousands of people who have lived in the U.S. for years, uprooting their lives and possibly forcing them to return to dangerous conditions.

Humanitarian Parole

  • CBP One App: The Biden administration’s use of the CBP One app for hundreds of thousands of migrants could be severely limited or ended.
  • Targeted Programs: Programs for 30,000 migrants per month from countries like Cuba, Haiti, Nicaragua and Venezuela would be eliminated as Trump tightens border security.

Response:

  • Court Intervention: Legal organizations are preparing to defend asylum and TPS.
  • Legislative Advocacy: Immigration advocates are working with pro-immigrant lawmakers to protect TPS and asylum programs and the human rights of removing these protections.

Family Rights: Birthright Citizenship and Public Education

The administration is also planning to take away certain rights from immigrant families, including birthright citizenship and public education for undocumented children.

  • Birthright Citizenship: Trump wants to repeal birthright citizenship for children born in the U.S. to undocumented parents, challenging a long-standing interpretation of the 14th Amendment. If implemented, this policy would strip millions of U.S.-born children of their citizenship and create a generation without legal status.
  • Public Education: Trump’s advisors have suggested revisiting the Plyler v. Doe decision which guarantees public education for all children. Cutting off education would force families to leave the country or not enroll their children in school, causing long-term harm to children’s education and social development.

Response:

  • Constitutional Defense: Legal advocates will challenge attempts to restrict birthright citizenship which has constitutional roots and historical precedent.
  • State Protections: States can pass laws affirming education for all children and set up systems to keep schools open and safe for undocumented.

Ideological Screening of Immigrants

  • Screening Criteria: Trump will screen out individuals whose views he deems anti-American. This will target groups he has labeled as “communists, Marxists and socialists.”
  • Student Visas: Trump will revoke student visas for individuals involved in pro-Palestinian or anti-Israel protests. Such criteria raises freedom of expression and the chilling effect on international students.

Public Charge Rule

  • Welfare Restrictions: Trump will re-impose a stricter public charge rule which will limit green cards for immigrants who are likely to use public assistance. This rule was designed to ensure self-sufficiency and will make it harder for low-income immigrants to get permanent residency.

Travel Bans

  • Targeted Travel Bans: Trump will bring back travel bans from countries he considers security threats. These bans will likely target countries with history of political instability or terrorism and restrict travel from those regions to the U.S.

Mexican Goods Tariffs

  • Tariff Threat: Trump will impose 25% tariff on all Mexican imports if Mexico doesn’t take more action to stop the flow of drugs and migrants into the U.S.
  • Pressure: The goal is to get Mexico to increase border enforcement by using economic leverage to get cooperation on migration and crime.

Border Wall

  • Wall Expansion: Trump will restart the U.S.-Mexico border wall which saw over 450 miles built during his first term.
  • More Security: Trump will “fix our borders” and stop unauthorized entry, he says border security is key to American safety.

While Trump’s plans have practical and legal obstacles, his influence on the judiciary and potential congressional support will make it more doable this time around. But implementing such a massive program will require navigating logistical challenges, getting funding and overcoming legal hurdles.

Congressional Role in Challenging Immigration Policies

Congress will have a big role in responding to Trump’s immigration plans. Lawmakers can limit funding, exercise oversight and shape legislation.

  • Funding Control: Congress can restrict funding for immigration enforcement and detention facilities which will limit the scale of Trump’s deportation efforts. By blocking additional funding for ICE and CBP, Congress can limit the capacity for mass deportations and detention camp expansions.
  • Oversight and Accountability: Congress can exercise oversight by holding hearings, issuing subpoenas and holding federal agencies accountable for civil rights. Pro-immigrant lawmakers are working to hold agencies accountable for any abuse.
  • Alternative Legislation: Pro-immigrant lawmakers are pushing for legislation that provides clear immigration pathways, protects families and humane border management.

Defending American Values: Changing the Narrative

A big part of resisting Trump’s immigration agenda is to change the national conversation around immigration.

  • Public Education and Awareness: Advocates are educating the public about the contributions of immigrants and the harm of extreme enforcement. By sharing stories of immigrant families and American values, advocates hope to counter xenophobic narratives.
  • Polling and Research: Studies show most Americans support balanced immigration policies with a path to citizenship and humane treatment of immigrants. Advocates are using this data to drive public campaigns and legislative agendas.

Response:

  • Community Engagement: Advocacy groups are mobilizing local communities to support inclusive immigration reforms and counteract fear-based narratives.
  • Advocating for Humane Policies: By pushing for fair and humane immigration policies, advocates will shape future immigration reforms and protect all residents.

Biden Administration Preparing for Border Surge Before Trump Takes Office

With Donald Trump’s election, the Biden administration is preparing for a border surge at the southern border as immigrants try to get in before Trump’s policies kick in.

  • Last-Minute Entries: With Trump’s tougher border policies coming, some experts say there could be a wave of migrants trying to get into the U.S. before he takes office. This “last-chance” influx will put more pressure on already overwhelmed border resources.

The Department of Homeland Security (DHS) has started developing contingency plans, expecting some migrants to try to get into the U.S. before the inauguration, fearing Trump’s policies.

DHS Meets to Discuss Border Readiness

  • Planning Session: DHS Secretary Alejandro Mayorkas met with CBP and ICE officials to discuss preparing for a migrant surge. Topics included ICE bed space, managing asylum claims and processing times for those not eligible for asylum.
  • Capacity Issues: Can DHS process a surge of migrants fast enough to avoid releasing into the U.S. due to capacity?

Migrant Messaging Causes Border Closure Fears

  • WhatsApp Activity: Since Trump’s election, immigrants and smugglers have been messaging on WhatsApp saying “now is the time to come to the U.S.” These messages are common on migrant routes and reflect fear that Trump will close the border as soon as he’s in office.
  • Misinformation Spreading: Messages on WhatsApp are spreading false information, some saying the cutoff is January 10 instead of January 20, Trump’s inauguration date.

CBP’s Message to Migrants: “Don’t Believe Smugglers”

Don’t Enter Illegally: A CBP spokesperson told migrants to use safe and legal entry methods and not to believe smugglers. CBP said U.S. immigration laws are still in effect and migrants should use legal channels.

Smugglers Take Advantage of Trump’s Return to Push Migrants to Cross Fast

  • Shelters in Mexico on High Alert: Shelters along the U.S.-Mexico border are preparing for a surge of migrants seeking temporary housing before trying to get into the U.S.
  • Shelter Operators Worried: In Tijuana, Gustavo Banda, who runs the Templo Embajadores de Jesus shelter housing around 1,400 migrants, said smugglers, or “coyotes,” will pressure migrants to try to get in before Trump takes office. Despite the uncertainty, Banda is trying to keep migrants calm and remind them no policies have changed yet.
  • Nogales Shelter Ready: Francisco Loureiro, who runs a shelter in Nogales, has seen increased anxiety among migrants, many of whom use CBP’s ONE app for asylum appointments. He’s recently prepared his facility for an influx.

Migration Caravan in Mexico Heads to Northern Border

  • From Chiapas: A caravan has recently left Chiapas, near the Guatemala border, and is moving north. Caravans are common but the timing has raised concerns that more migrants will head to northern border areas like Nogales before Trump’s policies kick in.

Economic and Logistical Costs of Mass Deportations

Carrying out Trump’s deportation plan would require massive resources. The Supreme Court has previously ruled on issues related to citizenship rights and equal access to education, which could play a significant role in the legal challenges against such mass deportation policies when the Trump administration regains office.

Let’s get into it:

Financial

  • Cost: According to the American Immigration Council, deporting one million people a year would cost around $1 trillion over a decade. That’s for increased staffing, detention facility expansion and transportation.
  • Economic Impact: Deporting millions could shrink U.S. GDP by 4.2% to 6.8% over a decade as undocumented workers fill essential jobs in industries like agriculture, construction and caregiving.

Workforce

  • Industries at Risk: Agriculture, hospitality and healthcare rely heavily on undocumented workers. Sudden deportations would lead to severe labor shortages, increased costs and delays in goods and services.
  • Inflation: Removing millions from the workforce would drive up inflation as the economy adjusts to decreased productivity and rising labor costs in those industries.

Tax Revenue Loss

Contribution: In 2022, undocumented immigrants paid around $100 billion in federal, state and local taxes. Their removal would reduce tax revenue and strain government resources, impacting public services like schools and infrastructure.

Social and Family Impact: Lives Upended and Communities Rocked

Trump’s deportation plan would devastate families, especially mixed-status households. Here’s what it would look like:

Family Separations

  • Citizen Children: 4.4 million U.S. born children have at least one undocumented parent. Mass deportations would put these children at risk of being separated from their parents and facing emotional and economic hardship.
  • Community Trauma: Deportations on this scale would disrupt entire communities. As seen in Tennessee, raids leave children without caregivers, cause spikes in school absenteeism and require emergency support from local organizations.

Chilling Effect on Immigrant Families

  • Access to Public Services: Many undocumented individuals will avoid hospitals, schools and public services due to fear of deportation. During Trump’s first term, immigrant families limited their outings and public activities to reduce their chances of running into immigration enforcement.
  • Health and Safety Risks: Avoiding healthcare services would put entire communities at risk, especially those where undocumented workers hold frontline jobs in essential industries like healthcare, sanitation and food service.

The Political Landscape and Anti-Immigrant Sentiment

Public support for stricter immigration enforcement has increased and recent polls show a majority of Americans support deporting millions of undocumented individuals. Trump has exploited this sentiment, framing immigration as a threat to American identity, economic stability and national security. His language has gotten more extreme:

  • Xenophobic Language: Trump regularly describes immigrants in a negative light, saying they “poison the blood” of the nation and “destroy the fabric of our country”. This kind of language not only creates fear but dehumanizes immigrants and shapes public opinion.
  • Misinformation: Trump has spread lies that undocumented immigrants contribute to crime and other social ills. Studies show that immigrants, including undocumented ones, are less likely to commit crimes than U.S. born citizens.

Contingency Planning: What Advocates and Communities Are Doing

Ahead of potential policy changes, immigrant rights organizations are mobilizing and preparing legal responses:

Emergency Toolkits and Rapid Response

  • Resource Distribution: Advocacy groups are creating toolkits for communities to respond to workplace raids and ICE operations, so affected families can know their rights and get legal help.
  • Community Networks: Local organizations are preparing to provide support through networks of volunteers, legal experts and community leaders who can offer rapid assistance.

Legal Challenges and Advocacy

  • ACLU and Other Legal Organizations: Groups like the ACLU will challenge Trump’s policies in court, especially around issues of constitutionality like birthright citizenship and ideological screenings.
  • Public Awareness Campaigns: Immigrant rights groups are educating the public on the facts of Trump’s proposals, to debunk myths and highlight immigrants’ economic and social contributions.

Life Under Threat: A Look Back at the 2018 Tennessee Raid

As a snapshot of what an aggressive enforcement strategy might look like, let’s remember what happened in 2018.

In 2018, almost 100 workers were arrested in a massive immigration raid at a meatpacking plant in Tennessee, including Nayeli, a mother and long-time plant employee. The raid, with helicopters and federal agents, left a community in shock. Children came home to find their parents missing and hundreds of students were absent from school the next day. For many families the fear and trauma still lingers.

Nayeli, one of those arrested and released, still fears these big raids will come back. She now organizes for immigrant rights in her community and advocates for protections and policies that recognize immigrants’ contributions. Her story shows the human impact of immigration raids and what many fear could happen on a much bigger scale.

What to Expect from the Second Trump Administration on Employment-Based Immigration?

With Trump back in the White House, big changes are coming to U.S. immigration policies, especially for employment-based immigration. From stricter visa requirements to program terminations, Trump’s second term will increase scrutiny and add new restrictions. Employers and visa holders should prepare now by understanding what’s coming and taking proactive steps to minimize risk.

Key Takeaways: Get Ready for Immigration Changes

  • Act Fast: Employers and visa holders should speed up application processes and file now under current rules.
  • Expect Delays and More Scrutiny: Higher RFE rates and delays in visa approvals are likely under a new, tougher regime.

H-1B Visa Holders and H-4 Spouse Work Authorization

More Scrutiny and Requirements

  • H-1B Petition Scrutiny: Expect more scrutiny of H-1B petitions, especially around job requirements, which could lead to more RFEs and denials.
  • Specialty Occupations and Documentation: Petitioners may need to provide more detailed evidence of the field of study and skills required for the H-1B position, especially for positions with third-party worksites. This could include contracts and Statements of Work (SOW) for the entire employment term.
  • Salary Increases: Employers may need to raise H-1B salaries, as previous attempts have included pushing for higher salary caps.

H-4 EAD (H-4 Spouse Work Authorization)

  • H-4 EAD Rescission: The Trump administration previously tried to end the H-4 EAD program and could do so again. If rescinded, H-4 spouses would lose work authorization.
  • Impact of “Bundled Processing”: Currently, H-1B, H-4 and H-4 EAD applications can be filed together for faster processing. This practice may end, causing delays in work authorization renewals and employment gaps for H-4 spouses.
  • EAD Auto-Extensions: Automatic work authorization extensions during renewal processing may be limited, adding complexity and risk for H-4 workers waiting for EAD renewals.

Visa Interview Waiver (Dropbox) and Processing Delays

Trump’s administration may eliminate the visa interview waiver (or “dropbox”) for visa renewals which would mean:

  • Longer Processing Times: Eliminating the dropbox would mean more in-person interviews, slowing down the process and creating backlogs.
  • Third-Country Nationals: The Department of State may limit visa interview availability at third-country U.S. consulates, extending wait times for renewals and initial visa applications.

L-1 Visa Holders and More Restrictions for Specialized Workers

L-1 Intra-Company Transfers

  • Higher Denial Rates for L-1B: L-1B (specialized knowledge workers) will likely face more scrutiny, requiring detailed explanations of job duties and specialized skills.
  • L-2 Spouse Work Authorization: The automatic work authorization rule for L-2 spouses could be eliminated, meaning they would need to apply separately and potentially face employment gaps.

Visa Interview Waivers and Renewal Delays

  • Remove Dropbox Eligibility: Like H-1B visa holders, L-1 visa applicants may lose the ability to file dropbox renewals, which would mean longer wait times and less predictable processing.

F-1 Students and OPT/CPT Changes

Trump’s administration may re-impose strict work authorization rules for F-1 students:

Curriculum Practical Training (CPT) and Day-1 CPT

  • Greater Scrutiny: F-1 students will face more scrutiny, especially those who use “Day-1” CPT. Documentation and compliance will be key as USCIS may require more evidence of eligibility.

STEM OPT Program

  • STEM OPT Elimination: Although STEM OPT survived previous challenges, Trump could still try to rescind it. New restrictions on third-party work placements or the extension period could also be added.

Unlawful Presence Rule

  • Immediate Unlawful Presence for Status Violations: A previous rule attempted to make F-1 students unlawfully present immediately upon status violation. Although blocked by the courts, it could be re-introduced.

Green Card Applicants: Processing and Visa Availability

Employment-Based Visas

  • Caps on Immigrant Visas: Trump has proposed limiting immigrant visas, including employment-based visas, for countries with high backlogs like India and China. This would require Congressional approval but is possible with a Republican-majority Congress.

PERM Labor Certification Delays

  • Longer Processing Times for Labor Certifications: Underfunding for Department of Labor (DOL) resources could mean even longer processing times for prevailing wage determinations and PERM certifications, potentially months of delays for green card applications.

Public Charge Criteria and EAD/AP Validity Terms

  • New Public Charge Rules: Trump may tighten public charge rules making it harder to prove financial independence.
  • Shorter Validity for Work and Travel Permits: Currently, Employment Authorization Documents (EAD) and Advance Parole (AP) permits can be valid for up to 5 years; the administration may shorten the validity to 1 or 2 years, adding more renewals for applicants.

Lawful Permanent Residents (LPRs) and Naturalization Challenges

More Vetting for Naturalization

  • Tougher Civics Test: Trump’s previous administration tried to make the civics test harder for naturalization. This could come back, making the process more difficult for those seeking U.S. citizenship.

Procedural Challenges for Green Card Holders

  • More Documentation for Sponsorship: Family members of green card holders or U.S. citizens may need more documentation, especially if public charge rules expand.

Temporary Protected Status (TPS) and Visitor Visa Applicants

Limiting TPS Eligibility

  • Fewer TPS Countries and Duration: Trump may try to restrict the TPS program by reducing the number of eligible countries or time frame, affecting those relying on TPS for work and residency authorization.

Longer Visa Wait Times and Entry Restrictions

  • Longer Wait for Visitor Visas: If the visa interview waiver program is reduced or eliminated, expect longer wait times for B-1/B-2 visitor visas, especially for countries flagged for high risk.

What to Do: Minimize Your Exposure

Take proactive steps now to mitigate some of the risks:

  • File Now: Employers should file H-1B and L-1 petitions as soon as possible to avoid future restrictions. Consider bundling H-4 EAD applications with H-1B or H-4 petitions for concurrent processing.
  • Use Premium Processing: For faster response times, use or upgrade to premium processing when available.
  • Get Visa Stamps and Renewals: Get visa stamps now to avoid future processing delays.
  • H-4 EAD Alternatives: With H-4 EAD at risk, look for other work authorization options.
  • Be Prepared for More Documentation: F-1 students on CPT and OPT, especially those on Day-1 CPT, should comply with all regulations and keep detailed records.

While President Trump’s reelection may introduce significant changes to immigration policies, early preparation and professional guidance can help you navigate potential challenges. By submitting applications promptly, strengthening financial records, and anticipating stricter rules, you can increase your chances of success.

Don’t face these changes alone—seek professional assistance to ensure your application meets all requirements. Stay proactive, stay informed, and take action to protect your immigration goals.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

Will Trump End DACA?

Donald Trump is back in office January 20, 2025, and DACA is once again on everyone’s mind. Over 500,000 people currently have DACA protections and are wondering if they will lose those protections and possibly face being placed in removal proceedings?

“Our Home is Here”: How Dreamers are Preparing for a Trump Presidency

Why This Matters

3.6 million Dreamers in the U.S. but only a fraction have legal status.

530,000 are currently enrolled in DACA, down from 800,000. 1/3 of DACA holders live in California.

DACA doesn’t offer a path to citizenship but allows recipients to live, work and drive in the U.S.

As Trump takes office in January, the future of DACA is uncertain. With Trump’s deportation promises, advocates are calling for action now to protect current status and navigate the uncertain future.

Advocates are telling beneficiaries to renew now and prepare for policy changes.

What is DACA?

DACA was established by executive order by President Barack Obama in 2012 and provides temporary protection from deportation and work permits to undocumented immigrants brought.

To qualify, you must:

  • Age: Under 31 as of June 15, 2012 (born after June 16, 1981).
  • Entry Age: Entered the U.S. before 16th birthday.
  • Residency: Continuous U.S. residency since June 15, 2007 up to application date.
  • Physical Presence: Present in the U.S. on June 15, 2012 and at time of application.
  • Legal Status: No lawful status as of June 15, 2012.
  • Education or Military Status: Currently in school, graduated, GED, honorably discharged from U.S. Armed Forces or Coast Guard.
  • Criminal History: No felony convictions, significant misdemeanors or three or more other misdemeanors and no threats to national security or public safety.

There are currently 530,000 Dreamers. But the program is temporary and in legal limbo. Courts have ruled a president can end DACA if done properly so the program is precarious.

Key features:

  • Residence Authorization: Can live in the U.S.
  • Work Permits: Can get work authorization.
  • Employer-Sponsored Health Insurance: Some get health insurance through their job.
  • Educational Opportunities: Many use DACA to pursue higher education and professional certifications.

There are about 530,000 Dreamers nationwide, but new applications have been blocked since 2017. 160,000 of those are in California.

Under Biden, advocates tried to defend DACA, including appealing the Texas district court’s ruling that the program is illegal. He also expanded medical insurance coverage for DACA holders. If Trump tells the Justice Department to drop those appeals, DACA will be terminated. The government could also use the information provided by DACA applicants to deport.

Personal Stories: What happens if I lose DACA

For many, the end of DACA is not just a policy change, it’s a life changing event. Here are a few profiles in courage:

  • Hans Miguel Esguerra hasn’t been to the Philippines in over 20 years and is worried about supporting his family if his work authorization expires.
    • “It’s not just me I’m preparing for,” he said. “This affects my family and the support I give them.”
  • Financial challenges are already hitting recipients like delayed renewal processing and debt and employment gaps.

Ramiro Luna: Advocating and Anxious

  • Community Leader: Luna, 41, is the executive director of Somos Tejas, a nonprofit that does political advocacy.
  • Living in Fear: Despite his work in immigrant communities, Luna admits the emotional toll of living under an anti-immigrant administration.
  • Family Worries: His mom’s deep fear of deportation is what many immigrant families are worried about.

Karina Serrato Soto: Planning for the Worst

  • Building a Life: Serrato Soto, a middle school math teacher and mom of two U.S. born kids, has managed to buy a house and put down roots in Dallas.
  • Parental Precautions: She’s asked her legally living mom to take care of her kids if necessary—a reality her mom can’t accept.
  • Emotional Burden: The deportation threat has weighed heavily on Serrato Soto and her family.

Jonathan Alvizo: Climbing Walls

For Jonathan Alvizo, 30, an art director and DACA recipient, the program is a blessing and a curse.

  • Early Arrival: Alvizo arrived in the U.S. in 2001 at 6 years old, two weeks before 9/11.
  • Life with DACA: While he’s thankful for the work permits and deportation protection, he says it’s like “climbing a wall and falling back down.”
  • Future Worries: With Trump’s history of trying to dismantle the program, Alvizo’s sense of security is shaky.

In the meantime, resilience is key in the immigrant community. Advocates and recipients will fight to keep their rights and stay here.

  • Our home is here, and we mean it,” says Macedo do Nascimento, summing up the unshakeable spirit of the Dreamers

The Policy Reversals

Trump’s first term was tough on undocumented immigrants:

  • Family separations at the border.
  • Trying to end DACA, which was blocked by the Supreme Court in 2020 due to procedural issues.

Advocates worry those policies will return and create fear among DACA recipients and their families.

Trump’s History with DACA

In 2017, during his first term, Trump tried to terminate DACA, citing its legality. The decision was met with immediate lawsuits. In 2019, the Supreme Court ruled against the administration, saying it didn’t provide a valid reason to end the program. Despite that, lawsuits against DACA have continued. In 2021, a federal judge declared the program unconstitutional, blocking new applicants.

Current Situation and Legal Landscape

The DACA lawsuits are far from over. Experts say the case will go to the Supreme Court again, possibly as late as summer 2026. In the meantime:

  • Renewals for current DACA recipients are open, two-year terms.
  • Research shows the program’s effects: 50% drop in undocumented college students in California since restrictions on new DACA applications.
  • Many are no longer eligible for other forms of immigration relief, so they’re more dependent on DACA.

What to Expect Under the Trump Administration

During the campaign, Trump talked tougher on immigration, so DACA is in danger again.

Trump’s second term is full of uncertainty. He hasn’t said what he’ll do to DACA, but his campaign focused on stricter immigration and mass deportations. Legal and political analysts say there are several possibilities:

1. Terminate DACA

Trump could try to end the program again, maybe this time with a more calculated approach to address past court criticisms. He might provide a detailed reason to meet legal standards, like broader immigration policy goals.

Trump may end DACA altogether, stop new applications and renewals. That would:

  • Take away work permits from Dreamers.
  • Put them at risk of deportation.
  • Disrupt their lives and communities.

2. Let It Play Out the Courts:  Supreme Court Decision

  • With a conservative Supreme Court, Trump may choose to let the judicial process unfold and avoid political fallout. If the court rules against DACA, recipients will face immediate uncertainty.

3. Renewal Restrictions

The administration could limit renewals or tighten eligibility requirements:

  • Tougher background checks.
  • Shorter renewal periods.
  • No new applications.

This would leave Dreamers in limbo and more vulnerable.

4. Work Authorization Changes

Work permits, the heart of DACA, could be changed. Possible changes:

  • Limit the types of jobs Dreamers can work.
  • Shorten work permits.
  • Increase fees for renewal applications.

This would impact Dreamers’ financial stability and career prospects.

5. Push for Immigration Legislation

Public sympathy for Dreamers, many of whom are students or essential workers, might keep Trump from acting immediately. Instead, he could focus on other immigration priorities like border security or visa restrictions.

Trump might push for comprehensive immigration reform. That could mean:

  • A legislative solution for Dreamers in exchange for border security.
  • Limits on family-based immigration.

Effects on DACA Recipients

The uncertainty around DACA has big implications for recipients. Most are in their late 20s and have built their lives around the program. For many, DACA is not just a legal status but a lifeline to:

  • Higher education, including grad school.
  • Job security and career advancement.
  • Financial stability, including access to loans and mortgages.

Without DACA, recipients will face big disruptions: job loss, deportation risk and reduced access to resources.

Effects on Education and Financial Aid

Federal Student Aid

Current proposals would limit access to federal student loans and grants to institutions that offer in-state tuition to undocumented immigrants, including Dreamers. If that happens:

  • Affected States:
    • 26 states and Washington, D.C. where Dreamers currently qualify for in-state tuition would have to decide whether to keep eligibility or lose federal funding.
  • Student Impact:
    • Barriers to higher education and limited financial aid for Dreamers and U.S. citizens.

State Impact

  • States like California, Texas and New York with large undocumented student populations will have to make tough decisions on funding and tuition policies.
  • State legislatures will have to pass new laws to protect educational opportunities for Dreamers.

Workforce Impact

  • Educational Disruption: Reduced access to higher education will limit Dreamers’ ability to enter skilled professions.
  • Economic Consequences: Fewer opportunities for Dreamers will mean a less diverse and skilled workforce for industries that rely on them.

What Dreamers Can Do

Experts advise eligible DACA recipients to renew as soon as possible. Renewals currently take 4 months and may take longer under Trump. Consider:

In case of changes, proactive steps can help Dreamers cope with this uncertainty:

1. Renew Early

  • Submit renewal applications as soon as possible to avoid gaps in status.

2. Stay Informed

Follow reliable news and government sources for updates.

  • Join support networks and advocacy groups for timely updates and resources.
  • U.S. Citizenship and Immigration Services (USCIS)
  • Immigration law firms
  • United We Dream

3. Get Legal Advice

  • Talk to an immigration attorney to:
    • Know your rights.
    • Explore options.
    • Plan for contingencies.
    • Review changes with your attorney regularly to stay ahead of the curve.

4. Other Relief Options

May Include:

  • Family-based petitions.
  • U visas for crime victims.
  • Asylum claims.
  • Adjustment of status through marriage or employment sponsorship if eligible.
  • An immigration attorney can help you determine the best options for your situation.

5. Financial and Career Resilience

  • Online or part-time education to minimize costs while keeping skills up-to-date.
  • Save for legal and renewal costs to manage uncertainty.

6. Documentation:

Make sure personal and legal documents are up-to-date and accessible.

Moving Forward

DACA is temporary so we need a permanent solution for Dreamers. As policies change, the push for stability and recognition of Dreamers’ contributions will continue. If you’re affected by these changes, get support and be proactive about your future.

Support for Dreamers

Organizations like Sacramento State’s Dreamer Resource Center help undocumented students. These centers offer:

  • Legal clinics and consultations.
  • Financial aid guidance.
  • Mental health and wellness support.
  • Advocacy for inclusive policies.

Business and Community Leaders

  • Business leaders must stand up for their DACA employees who are part of the workforce.
  • DACA recipients work in essential jobs like teaching and nursing so they are vital to the community.
  • Advocate: Join local and national campaigns for immigration reform and for Dreamers.
  • Network: Connect with community organizations that offer resources, legal help and emotional support.

Legal Challenges and Ongoing Advocacy

The Biden administration’s push to codify DACA faces legal obstacles:

  • The Fifth Circuit Court of Appeals is still reviewing the program.
  • States are challenging expansions like including DACA recipients in the Affordable Care Act marketplaces.
  • Initial DACA applications have been on hold since 2021.

The National Immigration Law Center (NILC) plays a pivotal role in the fight against anti-immigrant policies, emphasizing the urgency and determination to protect DACA recipients and advocate for the rights of all immigrants.

Advocacy in Action

United We Dream is mobilizing to defend DACA from a potential GOP-led White House and conservative Supreme Court:

  • “We weren’t going to get caught by surprise again,” said Juliana Regina Macedo do Nascimento, a DACA recipient and advocate.
  • Groups will challenge anti-immigrant policies and protect the most vulnerable.

Despite all this immigrant advocacy groups are preparing for the worst.

Understanding DACA: Origins and Challenges

What Is DACA?

  • Established in 2012: Initiated through executive action by President Barack Obama.
  • Eligibility Criteria: Protects undocumented immigrants who entered the U.S. as children before 2007, allowing them to obtain work permits and avoid deportation.
  • Renewal Process: Recipients must renew their status every two years, a process fraught with uncertainty.

Political and Legal Threats

  • Trump Administration’s Stance: Trump previously sought to terminate the program, but the Supreme Court blocked his efforts in 2020.
  • Current Legal Battle: A 2023 ruling declared the program illegal due to its creation via executive action. The Biden administration has appealed, leaving the program’s fate in the hands of the courts.
  • Congressional Challenges: With Republicans gaining control of Congress, legislative solutions for DACA recipients appear unlikely.

DACA by the Numbers

  • Active Recipients: Over 535,000 individuals currently benefit from the program.
  • Demographics:
    • Country of Origin: The majority are from Mexico, followed by El Salvador and Guatemala.
    • State Distribution: Most recipients reside in California, Texas, and New York.
  • Public Opinion: Polls consistently show that most Americans support a pathway to legal status for DACA recipients.

DACA Court Case Updates: What’s Happening in the Courts

The Deferred Action for Childhood Arrivals (DACA) program, which gives deportation protection and work authorization to over 500,000 undocumented individuals brought to the U.S. as children, is under attack in the courts.

Despite changes in the policy and ongoing processing of renewal requests, initial DACA requests are currently prohibited as dictated by a federal district court of ruling.

On September 13, 2023 a federal judge ruled the revised DACA policy is unlawful, just like previous previous rulings.

This adds to the uncertainty around DACA’s future as the decision has been appealed to the U.S. Fifth Circuit Court of Appeals and that case is ongoing.

Without protections, DACA recipients are at risk. So we need legislation.

The Supreme Court could decide the program’s fate in the next two years.

Current Status and Recent Court Activity

An October 10, 2024 hearing in federal court may end up determining the fate of the Deferred Action for Childhood Arrivals (DACA) program. Here are the arguments, what’s at stake and what could happen.

Fifth Circuit Court of Appeals: Update

  • Status: The Fifth Circuit Court of Appeals is considering the legality of DACA. Oral arguments were held on October 10, 2024. The decision could be big for the program and thousands of DACA recipients.
  • Background:

Texas Argument: Financial Burden on States

  • Increased State Costs: Texas says DACA recipients use public resources like healthcare and education and that costs to the state.
  • Terminate: Texas Attorney General Ken Paxton says ending DACA would reduce these costs as recipients would leave the U.S. if the program is ended.
  • Quote from Texas: “DACA imposes significant financial burdens on states like Texas and we should just get rid of it,” Paxton said.

Biden Administration’s Argument: Protecting DACA Recipients

  • Texas Right to Sue: The Biden administration argues Texas doesn’t have standing to challenge DACA, citing a recent Supreme Court decision that limited Texas’s standing in a similar immigration case.
  • Protect Current DACA Recipients: Justice Department lawyer Brian Boynton asked the court to keep DACA protections for current recipients even if new applications are blocked.
  • Broader Impact: The Biden administration says ending DACA would upend the lives of thousands who have built careers, families and communities in the U.S., and argues that the executive authority allows the administration to protect these individuals.

The Judges

Judicial Panel: The case is before a three-judge panel:

  • Judge Jerry Edwin Smith – Reagan appointee
  • Judge Edith Brown Clement – Bush appointee
  • Judge Stephen A. Higginson – Obama appointee

Appeal: If the decision is adverse to DACA the case will go to the Supreme Court which previously blocked the Trump administration’s attempt to end the program but has not yet ruled on the legality of DACA.

Timing: A decision from the Fifth Circuit could come in a few months. This will either affirm or block DACA and will likely be appealed to the Supreme Court for the final decision.

Opening Briefs: 

Reply Briefs:

Supreme Court’s Involvement

  • Review: If the Fifth Circuit decides against DACA the Biden administration will likely appeal to the Supreme Court. The Court could then take the case and hear it as early as spring 2025.
  • Supreme Court Ruling: A decision will be huge. If the Court agrees with the Fifth Circuit, DACA would end and:
    • No Renewals: DACA recipients would not be able to renew.
    • Loss of Work Authorization: Over 500,000 would lose their right to work and could be deported.
    • Economic Impact: 1,000 DACA recipients would lose their jobs each week for two years if renewals stop.

Next Steps

Quotes from Supporters

Vice President Kamala Harris: A long-time advocate for DACA, Harris said, “As Attorney General of California, as a U.S. Senator and now as Vice President I’ve fought to defend and protect DACA. We must get a path to citizenship for Dreamers.”

  • Advocates worry: Ending DACA would harm recipients many of whom have lived in the U.S. most of their lives and have U.S. born children who depend on their ability to work.

FAQS on DACA in Light of Litigation

Tips for DACA Recipients

  • Understand the Injunction. USCIS is not processing initial DACA applications due to the injunction. Anyone applying as an initial applicant, including former DACA holders with a gap over one year, should know that their application will not be processed at this time.
  • Identify When and How to File for Renewal. Make sure you are aware of the importance of filing on time. You should file for renewal within 120-150 days prior to expiration.
  • USCIS continues to process DACA renewal requests despite ongoing legal challenges. This ensures that current grants and renewals will be honored until expiration unless individually terminated.
  • Understand Advance Parole Benefits and Risks. Educate yourself on advance parole benefits if you have immediate family members. This travel authorization can help certain relatives adjust status. Talk to a lawyer about inadmissibility risks that could complicate reentry especially if you have a criminal record.
  • Screen for Other Immigration Relief. Consider other immigration options as DACA recipients may have other paths to relief or permanent residency. A deeper dive into your situation may reveal new eligibility based on changed circumstances, such as the U Visa for Victims of Crime. Look into relief options in removal proceedings such as VAWA or non-LPR cancellation.
  • Follow Legislative Updates. Stay informed on any legislative changes that could open up paths to permanent residency for DACA recipients.

A History of DACA Legal Challenges

As they say, to know what the future holds, you have to know the history. It is important to know the history of DACA litigation, and the opposition that really gained momentum starting in 2017.

Early Challenges and Supreme Court Review in 2020

  • Initial Legal Battles: The DACA program was created in 2012, was modified in 2014, but faced intense opposition in 2017 when the Trump administration tried to end it. Lawsuits followed and in 2020 the Supreme Court ruled that the termination was procedurally improper and DACA could continue.
  • Procedural Focus: The Supreme Court’s 2020 decision did not address whether DACA was legal; it only found that the Trump administration didn’t follow the process.

Judge Andrew Hanen’s Decisions

DACA Timeline & Key Decisions

  • 2012: DACA was created under Obama administration to protect young people who were brought to the U.S. illegally as children and gave them work permits and relief from deportation.
  • 2018: Texas and nine other states sue DACA. Claims: Texas argued that the Department of Homeland Security (DHS) violated the procedural and substantive requirements of the Administrative Procedures Act (APA) and the Constitution’s Take Care clause.
  • 2020: Supreme Court rules the Trump administration’s attempt to end DACA was procedurally improper and DACA can continue temporarily.
  • 2021: Judge Hanen rules DACA is illegal, blocks new applications but allows renewals. Hanen ruled DACA was illegal because it didn’t go through the formal rulemaking process required for federal regulations.
  • 2022: Biden administration issues a DACA rule. In response to ongoing lawsuits, the Biden administration issued a final rule to formally codify DACA hoping to make it legal. But Judge Hanen blocked that rule and this is the current ruling.
  • 2023: Judge Hanen who has previously ruled against DACA said the Biden administration’s attempt to codify the program into a federal regulation was illegal. Those already in the program will continue to have status for now. New DACA applications are still blocked as they are not allowed to apply. Hanen sympathized with DACA recipients and their families but said only Congress can create immigration laws. He said the Executive Branch can’t bypass Congress to implement policies even to address emergencies.
  • 2024: The Fifth Circuit is currently hearing the appeal of Hanen’s ruling. A decision is pending which can be appealed to the Supreme Court.

Wider Impacts on Dreamers and Their Families

The Economic and Social Consequences of Ending DACA

  • Workforce Contributions: DACA recipients are a big part of the U.S. workforce, with over 300,000 Dreamers working in healthcare, education and business services. Their contributions are worth around $14 billion annually.
  • Family and Community Effects: One-third of DACA recipients are married and many have U.S. born children. Ending DACA would affect not only the recipients but also their families and communities, including around one million U.S. citizens who live in households with a DACA recipient.
  • Financial Losses: If DACA ends, states will lose over $150 billion in tax revenue and hundreds of billions in economic contributions.

Congress Inaction and Need for Legislative Fix

Why Congress Must Act

  • Stalled Process: Since DACA was created in 2012, there has been no movement in Congress to pass a bill to create a permanent solution for Dreamers.
  • Eligibility Limitations: DACA’s eligibility requirements which require applicants to have been in the U.S. since 2007 have not been updated. This excludes a big chunk of young immigrants who have arrived since then and are otherwise eligible.
  • Ineligible Dreamers: There are around 2 million young immigrants in the U.S. without DACA protections, 400,000 of whom would be eligible but can’t apply due to court injunctions. Most undocumented high school graduates today are not eligible under current DACA rules.

Recent Actions by the Biden Administration

  • Expanded Parole: The Biden administration has introduced measures to expand “parole in place” for the spouses of U.S. citizens, giving potential temporary relief to some Dreamers and their families. This is now been struck down in federal court.
  • Simplified Waiver Process: Changes to the D-3 waiver process will reduce obstacles for some Dreamers to have a legal way in on a work visa and potential green card.

Need for Legislation

  • Congress’s Job: While administrative actions give temporary relief, only Congress can pass a permanent solution, a pathway to citizenship for Dreamers.
  • Take Action: As DACA is in legal limbo, advocates say we need a legislative fix that will give permanent protection and stability to Dreamers.

Biden’s New Policy Makes Work Visa Process Easier for U.S. Graduates and Dreamers

On June 21, 2024, the Biden administration announced a new policy to simplify the work visa application process for foreign nationals educated in the U.S., including DACA recipients, also known as Dreamers.

This will help highly skilled individuals who graduated from U.S. colleges and universities to stay in the country and contribute to the economy.

Policy Highlights

  • What’s New: U.S. graduates, including DACA recipients, can now apply for work visas faster if they have a job offer in their field. For DACA holders, it is complicated. See below.
  • Objective: This policy will keep highly educated individuals as they can contribute to U.S. competitiveness and innovation.
  • Broader Context: This fits with the administration’s overall approach to support immigrants, especially Dreamers, by recognizing their value to the U.S. workforce and society.

Policy: Easier Pathways for High Skilled Workers

  1. Simplified Application Process
    • Clarification and Changes: The government will simplify and speed up the employment visa application process so it’s more clear and accessible for skilled graduates, including DACA recipients.
    • Why: By doing so, the administration hopes to make it easier for highly educated immigrants to stay in the U.S. and fill jobs in various fields.
  2. U.S. College Graduates First
    • Eligibility: The new policy doesn’t change the basic requirements for work visas like H-1B. But there may be prioritization for applicants who graduated from U.S. colleges, including Dreamers.
    • How it Works: Details are still to be announced but it may involve giving preference to applicants with U.S.-based education which could increase their chances in the selection process.
  3. Waivers for Prior Unlawful Presence
    • Waiver Changes: For individuals with prior unlawful presence in the U.S., the policy will provide more clarity and speed up the waiver process.
    • Consular Discretion: Consular officers will have more discretion to recommend waivers for applicants and DHS will grant them. This could give Dreamers more flexibility to get visas despite past immigration issues.
  4. National Interest
    • Retention: The U.S. government considers retaining foreign-educated talent as in the national interest.
    • Employers and Talent Shortages: The policy also helps American businesses address talent shortages, especially in high demand areas.
  5. Expanded Definition of High Skilled Jobs
    • Job Categories: The government may expand the definition of “high skilled jobs” beyond STEM fields to include non-STEM roles that require advanced education and specialized skills.
    • More Fields: This could open up more visa paths for individuals in various fields and make the U.S. a more welcoming place for skilled workers.

Why This Matters for Dreamers

For Dreamers, this means a clearer pathway to long term stability in the U.S. Currently DACA only provides temporary work permits but H-1B visas provides a separate status and can lead to permanent residency.

  • Path to a Green Card:
  • Dual Intent: H-1B visas have “dual intent” which means recipients can work in the U.S. while pursuing permanent residency.
  • Employer Sponsorship: With an H-1B visa, employers can sponsor employees for a green card and a pathway to citizenship through EB-2 or EB-3.
  • Past Barriers: Many Dreamers faced barriers in getting work visas due to prior unlawful presence. This new policy could remove some of those barriers and give them more stable employment and immigration options.

Background and Issues

  • Historical Context: While Dreamers with degrees have been eligible for H-1B visas, the process was difficult because of prior unlawful entry which affected their ability to get certain benefits.
  • Legal Risk: With DACA’s legal status always under threat, some have been hesitant to apply for work visas (by leaving the U.S. and pursuing consular processing) fearing changes in DACA policies could affect their visa eligibility.

Streamlining the 212(d)(3) Waivers: For DACA Recipients, Dreamers and Others

The 212(d)(3) waiver, also known as the D-3 waiver, is a lifeline for DACA recipients and Dreamers applying for temporary work visas at U.S. Embassies. This waiver allows eligible individuals to get nonimmigrant visa status without facing years of exclusion from the U.S. By fixing this process, DACA recipients and others can get stable employment, pathway to permanent residency and potentially citizenship.

D-3 Waiver Updates

  • New State Department Policy (July 2024): The State Department updated the Foreign Affairs Manual to state that D-3 waivers for individuals with U.S. degrees who are offered U.S. based employment is in the public interest. This will prioritize and expedite the waiver process for qualified applicants.
  • Interagency Collaboration: The Department of Homeland Security (DHS) is working with other agencies to streamline the waiver process to support DACA recipients and other eligible individuals to get nonimmigrant employment based visas.

Why D-3 Waivers Matter for DACA Recipients and Dreamers

Overcoming Nonimmigrant Visa Barriers

  • Legal Pathways: DACA recipients and other Dreamers who have degrees and work skills can qualify for employment based visas such as the H-1B visa for specialty occupations.
  • Potential Block: Because many DACA recipients lived undocumented in the U.S. prior to DACA, they may be subject to immigration bars if they leave the country and will be restricted from re-entering the U.S. for up to 10 years. The D-3 waiver can temporarily lift these bars so they can re-enter the U.S. with a valid visa.

Eligibility and Impact

  • Educational and Workforce Readiness: According to FWD.us, 49% of DACA recipients have some college education and many have degrees:
    • 40,000 have associate degrees
    • 70,000 have bachelor’s degrees
    • 17,000 have advanced degrees
  • Employer Sponsorship: By being sponsored for work visas, DACA recipients can get stable work authorization which also benefits U.S. employers by allowing them to retain skilled employees.
  • Pathway to Residency and Citizenship: For certain visa categories like H-1B, sponsorship can create a pathway to permanent residency and ultimately citizenship.

Current D-3 Waiver Process and Issues

The current D-3 waiver process requires applicants to leave the U.S., apply for a visa at a U.S. consulate or embassy and wait for approval from the Department of State and DHS. This process is full of risks and uncertainties as applicants only find out the outcome after they leave the U.S. and can be away for a long time.

Key Issues

  • Inconsistent Processing Times: Processing times vary by location and are unpredictable for applicants and employers.
  • Risk of Extended Exclusion: If the waiver is denied, applicant may be barred from re-entering the U.S. for up to 10 years.
  • Employer uncertainty: Employers can’t retain skilled employees who are stuck outside the country.

D-3 Waiver Process Improvements

The new Foreign Affairs Manual updates are a step in the right direction. It states that it is in the public interest to admit individuals who have U.S. degrees or skilled credentials and that these cases should be prioritized.

Additional Reforms Needed

To make it even better:

  • Pre-Departure Waiver Approval:
    • Allow applicants to apply and get waiver approval before leaving the U.S. like the provisional unlawful presence waiver for green card applicants. This would reduce time outside the U.S. and increase chances of re-entry.
  • Centralized and Uniform Processing:
    • Designate specific embassies and consulates to process D-3 waiver requests so processing is centralized and applicants don’t have to travel as much.
    • Process at third country consulates so it’s easier and less expensive for applicants.
  • Consolidated Approval Process:
    • Consolidate waivers within DHS and DOS so the process is streamlined and uniform across all locations.

These wouldn’t create new visa categories, just streamline the waiver process for existing visa pathways so more eligible individuals can participate in the program.

Impact if Implemented

If done, this could benefit tens of thousands of DACA recipients, Dreamers and other qualified individuals:

  • Economic Benefit: Allowing individuals to get visas without long absences would strengthen the U.S. workforce across industries.
  • Employer Benefit: Streamlined waivers would allow employers to invest in and retain skilled workers, long term team stability.
  • Greater Certainty for Applicants: Predictable processing and pre-approval options would encourage more Dreamers and DACA recipients to apply for nonimmigrant visas and open up pathways to long term residency and citizenship.

The new Foreign Affairs Manual updates are a step in the right direction for a more streamlined D-3 waiver process but there’s more to be done. By having pre-departure waiver approvals, centralizing processing and standardizing across locations, DHS and DOS can make it easier for qualified individuals to get visas, return to the U.S. quickly and contribute to American society.

How to File for DACA Renewal

Deferred Action for Childhood Arrivals (DACA) grants work authorization and protection from deportation to eligible young immigrants who came to the U.S. as children. Despite ongoing legal challenges, courts are mandating the continuation of processing DACA renewal requests. With ongoing legal challenges and policy changes, it’s crucial to stay up to date. Here’s a comprehensive guide to DACA renewal eligibility, renewal application process, and how to navigate the process.

DACA Renewal Reminders

  1. Processing Time for Renewals
    • USCIS Processing Time: USCIS aims to process most DACA renewals within 120 days. Current data shows the median processing time for FY 2023 was about a month, but some requests in early FY 2024 took up to 2 months.
    • Filing Window: USCIS recommends filing between 120-150 days (4-5 months) before the current DACA period expires. Filing within this window minimizes the chance of status lapses and work authorization.
  2. Don’t File Early
    • Filing Early Doesn’t Expedite Processing: Filing your renewal more than 150 days before your current DACA expires will not speed up the process. Filing outside the recommended window may not get you any processing benefits.

Recent Court Decisions on DACA

  1. September 13, 2023 Court Decision on DACA’s Lawfulness
    • Judge’s Order: September 13, 2023, U.S. District Judge Andrew Hanen ruled the DACA Final Rule is unlawful. This decision expands a prior 2021 injunction, blocking new applications but allowing current recipients to stay in status.
    • Partial Stay: The judge’s order keeps existing DACA protections in place for current recipients. But no new applications will be processed under this order, although USCIS will accept initial applications and not take any action on them. While individuals may apply for consideration of DACA, the current regulations prevent DHS from granting initial DACA requests due to ongoing legal challenges.
  2. Current and New Applicants
    • Current Recipients: Those with valid DACA and EADs will keep their protections until their current period expires and can continue to live and work in the U.S. without fear of deportation.
    • New Applicants: USCIS will accept initial applications but cannot process them. Only renewals for existing DACA recipients will be reviewed.

DACA Eligibility

Basic Eligibility for Initial Applicants

Though initial applications are not being processed, it’s good to know the eligibility requirements in case of future changes. Applicants must meet:

  • Age Requirement: Under 31 as of June 15, 2012.
  • Date of Arrival: Arrived in the U.S. before 16th birthday.
  • Continuous Residency: Lived in the U.S. since June 15, 2007, up to the time of application.
  • Physical Presence: Physically present in the U.S. on June 15, 2012, and at the time of filing.
  • No Lawful Status: Had no lawful immigration status on June 15, 2012.
  • Education and Military Service: Currently in school, graduated from high school, GED, or honorably discharged from the military.
  • Criminal Record: Not convicted of a felony, significant misdemeanor or 3+ misdemeanors and not a threat to public safety.

Individuals who obtained their initial DACA status prior to July 16, 2021, are still recognized in terms of their current grants and related employment documents.

Age Requirements

  • Birthdate Cutoff: You must be born on or after June 16, 1981.
  • Under 16 on Arrival: DACA applicants must have arrived in the U.S. before 16 to be eligible.

How to File for DACA Renewal

1. Collect Supporting Documents

To support your application for DACA renewal, gather documents that prove you meet each eligibility requirement.

Examples of Required Documents:

  • Proof of Identity: Passport, national ID or government-issued photo ID.
  • Proof of Arrival Before 16: Passport stamps, school records or other immigration documents.
  • Proof of Continuous U.S. Residency Since June 15, 2007: School transcripts, employment records, pay stubs or medical records.
  • Proof of Presence on June 15, 2012: Rent receipts, utility bills, dated bank transactions or school records.
  • Proof of Educational or Military Status: U.S. high school diploma, GED or military discharge papers.

2. Fill Out the Required Forms

Applicants must fill out:

  • Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
  • Form I-765: Application for Employment Authorization.
  • Form I-765WSWorksheet to support the work authorization request.

Note: Make sure to use the latest versions of these forms from the USCIS website, as older forms will be rejected.

3. Pay the Required Fee

DACA applications require a non-refundable filing fee of $85. There is no fee waiver for DACA but fee exemptions are available in limited cases for those who can’t afford the fee. I-765 filing fee if filing by paper is $520, and $470 if filing online.

Fee Exemptions: Limited Availability

USCIS offers fee exemptions for DACA applicants in extreme financial hardship. To be eligible, you must show one of:

  • Severe Disability: Unable to care for oneself due to a chronic disability, with an income below 150% of the poverty level.
  • High Medical Debt: $10,000 or more in medical expenses in the past year, with an income below 150% of the poverty level.
  • Minor with Limited Financial Support: Under 18 years old, income below 150% of the poverty level and homeless, in foster care or no family support.

Documentation for Fee Exemptions:

  • Affidavits from organizations.
  • Tax returns, bank statements or other income proof.
  • Medical records or bills to prove unreimbursed expenses.

Using a USCIS Online Account for DACA Applications

USCIS has an online account system for applicants to manage their DACA cases.

Benefits of a USCIS Online Account:

  • Track your case in real time.
  • Get updates and notifications directly.
  • Update your contact information and personal details easily.

For legal representatives, having a USCIS account allows you to manage multiple clients’ cases, making it easier to track DACA cases.

Travel for DACA Recipients

DACA recipients should be aware that some travel restrictions will impact their continuous residence.

  • Travel Before August 15, 2012: Short trips outside the U.S. before this date generally don’t affect eligibility.
  • Advance Parole Required: For travel after August 15, 2012, you must get advance parole or you will lose DACA and re-entry may be restricted. Unauthorized travel will result in termination of DACA.
  • How to Apply for Advance Parole: You can apply for advance parole for humanitarian, educational or employment purposes.

Criminal Convictions that Affect DACA Eligibility

Some convictions will disqualify you from DACA. These include:

  • Felony Convictions: Any felony is disqualifying.
  • Significant Misdemeanors: Domestic violence, DUI, drug trafficking, firearms offenses.
  • Multiple Misdemeanors: Three or more non-significant misdemeanors not from the same incident will disqualify you.

Protect yourself from Immigration Scams

USCIS warns applicants to beware of scams and get information only from official sources. Unauthorized individuals will promise faster service for a fee but they can’t expedite the process.

  • Find a Reputable Attorney: USCIS has resources to help you find licensed attorneys or accredited representatives. Always check the qualifications of any advisor before sharing personal info or paying fees.

DACA Fraud

Applicants should be aware of the serious consequences for lying on DACA applications.

  • Consequences of Lying: Fraudulent applications are a federal crime, punishable by fine or imprisonment. False statements can lead to deportation and impact future immigration opportunities.

Why Timing Matters for Renewal

To keep your DACA and Employment Authorization Document (EAD) benefits, you need to renew before your current DACA and EAD expires. Renewing too close to the expiration date can result in your EAD expiring and you may not be able to work legally and could start accruing “unlawful presence” which can impact future adjustments to a lawful immigration status.

USCIS Recommended Renewal Timeline

Apply 120-150 Days Before Expiration

USCIS advises DACA recipients to submit their renewal applications 120-150 days before their current DACA and EAD expiration date. This is called the “application window”. Applying within this window will avoid gaps in protection and work authorization.

The DACA Renewal Calculator at the end of this guide will help you find this 120-150 day application window.

Get Ready for Your Renewal

  • Check Your Expiration Date:
    Find the expiration date on your EAD. Use this date as your reference point.
  • Plan Ahead for Documents:
    Gathering required documents including any police records may take time. Plan ahead so you have everything ready for a smooth process.
  • Consult with an Attorney:
    Before applying, consult with a licensed attorney or accredited representative from a non-profit organization that specializes in immigration services. They can give you personalized advice based on your case.
  • Schedule Legal Help Early:
    It can take weeks to get an appointment with a legal service provider or find a free legal clinic. Start early so you can get the help you need.

DACA Renewal Calculator

  • Enter your EAD expiration date (example: January 01, 2024)
  • See the recommended dates to submit:
    • Submit AFTER: (Date 150 days before EAD expires)
    • Submit BEFORE: (Date 120 days before EAD expires)

Using this guide and calculator will help you avoid delays and stay protected under DACA. Always recommended to consult with a legal expert for specific situations.

What to Do Now: Renewal and Advance Parole

Renewal is still important to stay under DACA. Here’s what to consider:

  • Renewal Timing: U.S. Citizenship and Immigration Services (USCIS) recommends submitting renewal applications 120-150 days before expiration. Renewals are being processed quickly, in weeks or even days in some cases.
  • Wind-Down: Even if DACA is ruled unlawful, the courts may allow a 2-year wind-down, so recipients can renew and stay protected for a little while. This would give recipients time to explore other options.

Advance parole allows DACA recipients to travel abroad for:

  • Humanitarian Needs: Visit sick relatives, attend funerals or get medical treatment.
  • Educational Purposes: Participate in study abroad programs or academic conferences.
  • Employment Purposes: Attend international work assignments, interviews or training sessions.

Travel Risks: Although advance parole is still available, legal uncertainty is a risk. If DACA is terminated while you’re abroad, re-entry could be complicated. Always consult with a legal expert before traveling.

Potential for adjustment of status through marriage to US Citizen: Re-entry to the U.S. on advance parole, will cure the prior “entry without inspection,” thus making the DACA recipient eligible for adjustment of status through marriage to a U.S. citizen.

Long-Term Options for DACA Recipient

Since DACA is temporary, it’s important to explore other immigration options. DACA recipients should get screened regularly as life changes may open up new paths. Some options include family-based petitions, employment-based visas, U visas and more.

A. Family-Based Petitions

Family-based petitions allow certain family members to sponsor DACA recipients for permanent residency:

  • Immediate Relatives of U.S. Citizens: Spouses, parents and unmarried minor children of U.S. citizens can often apply without waiting for a visa to become available. This path is faster than others since it’s not subject to visa quotas.
  • Preference Category Relatives: Adult or married children of U.S. citizens and spouses or children of lawful permanent residents (LPRs) may have longer waits. These cases are subject to visa availability and may require additional steps.

For some, family-based petitions may allow adjustment of status in the U.S. so you don’t need to go through consular processing abroad which can be risky.

B. Employment-Based Immigration

DACA recipients may also be eligible for employment-based visas, especially those with specialized skills or education:

  • H-1B Visas: DACA recipients with a bachelor’s degree or higher and specific skills may be eligible for this visa which is commonly used by tech companies and other specialized industries.
  • Other Employment-Based Categories: Some may be eligible under employment-based immigrant visa categories for individuals with extraordinary ability, professional achievements or investment interests. An employer must sponsor these applications and visa numbers are capped annually.

DACA recipients should consult with an immigration attorney who specializes in employment visas to see if you qualify as this path requires a well-prepared application and often a long wait.

C. U Visa for Crime Victims

The U visa is an option for DACA recipients who have been victims of certain crimes and have cooperated with law enforcement:

  • Eligibility: To qualify, applicants must be victims of certain crimes (e.g. domestic violence, assault) that occurred in the U.S., cooperate with law enforcement and meet other requirements.
  • Deferred Action with Bona Fide Determination (BFD): Recently, USCIS has accelerated the U visa process through the BFD, granting work authorization and deferred action to eligible applicants while they wait for full adjudication. This can get work authorization for DACA recipients earlier than before.

This visa also offers a path to LPR status after 3 years, so it’s a long-term solution for those who qualify.

D. Travel on Advance Parole for Adjustment of Status

Advance parole can be important for DACA recipients who are pursuing family-based petitions especially if they entered the U.S. without inspection:

  • Adjustment Eligibility: DACA recipients who enter the U.S. on advance parole are considered “inspected and paroled” which is a key requirement for adjustment of status.
  • Immediate Relative Requirement: This path is most useful for immediate relatives of U.S. citizens. Other family members in preference categories may still have restrictions due to specific adjustment bars.

However, travel on advance parole is not a guarantee of re-entry and may be risky so consult a lawyer.

Other Immigration Options and Considerations

245(i) Adjustment Eligibility

Under the Immigration and Nationality Act (INA) § 245(i), some individuals can adjust status in the U.S. even if they entered without inspection or worked without authorization. Key points:

  • Grandfathered Petitions: If a family or employment petition was filed on or before April 30, 2001 and the applicant was named or qualified as a derivative beneficiary, they may be eligible for adjustment.
  • With Newer Petitions: If the original petition is no longer valid, 245(i) eligibility can be used with a newer petition and adjust status without leaving the country.

This is great for older DACA recipients or those whose parents had petitions filed before 2001.

Employment-Based Adjustment with Current Employer

Some DACA recipients may be eligible for an employment-based adjustment due to their professional qualifications and work history:

  • Professional Degrees and High Demand Skills: Many DACA recipients have bachelor’s or advanced degrees and can qualify for employment-based sponsorship through their current employer.
  • Corporate Support: Companies, especially in tech and other high-demand fields, are interested in sponsoring DACA employees to retain talent.

Given the complexity of employment-based visas, recipients should consult with specialized immigration lawyers to navigate these options.

Plan for Uncertainty

Since DACA is in legal limbo, recipients should explore all possible immigration options. Here’s what to do:

  • File DACA Renewals on Time: Submit renewal applications within USCIS’s timeframe to avoid gaps in protection.
  • Use Advance Parole Wisely: Advance parole is still available but travel should be planned carefully given the legal risks.
  • Get Screened Broadly: DACA recipients should get screened for family-based, employment-based and other forms of immigration relief.
  • Stay Informed: Legal and policy changes can affect DACA’s future. Recipients should stay up to date and consult with immigration lawyers as needed.

Traveling for DACA Recipients: How to Apply for Advance Parole (And Attain Eligibility to Adjust Status)

Advance Parole is a permit that allows DACA recipients to travel outside the U.S. and re-enter lawfully. But there are rules and procedures to follow. Below we explain how to apply, eligibility, required documents and tips for safe travel.

Before You Travel

  • Approval Required: DACA recipients must wait until their DACA is approved before traveling. Traveling outside the U.S. without approved Advance Parole will result in loss of DACA status.
  • Re-entry Not Guaranteed: Even with Advance Parole, re-entry is subject to inspection at the border and can be denied.
  • Get Legal Advice: Consult with an immigration lawyer before making travel plans to understand the risks.

What is Advance Parole?

Advance Parole is a travel document issued by USCIS that allows DACA recipients to leave and re-enter the U.S. legally. It’s usually for:

  • Humanitarian: Visiting sick or elderly relatives, attending funerals or medical treatment.
  • Educational: Study abroad programs or academic research.
  • Employment: Overseas assignments, conferences, training or work-related meetings.

Filing Fee: $630

Advance Parole Benefits and Limits

Benefits

  • Legal permission to travel and re-enter the U.S.
  • Opportunities for academic, employment or family travel.
  • Potential enabling of eligibility to adjust status

Limits

Who Can Apply for Advance Parole?

DACA recipients can apply for Advance Parole if:

  • They have approved DACA.
  • They have a valid reason for travel under humanitarian, educational or employment categories.

How to Apply for Advance Parole

Step 1: Check Eligibility and Purpose of Travel

Before applying for Advance Parole, consult with an immigration attorney to confirm your eligibility. Certain factors like removal orders or unlawful presence may bar your re-entry to the U.S.

Common Questions on Eligibility

  • How do I check my immigration history? Contact an attorney to review your file.
  • Can I travel with a removal order? Travel with caution and consult an attorney

Purpose of Travel

  • Humanitarian: Visits for medical treatment, funerals or family emergencies.
  • Educational: Academic programs or research abroad.
  • Employment: For work assignments, conferences or training abroad.

Basic Eligibility Questions: Answering “No” to any of the following means you are not eligible for Advance Parole now.

  • Is your DACA approved?
  • Renew at least 120 days before expiration.
  • Do you need to travel for education, employment or humanitarian purposes?
  • Select all that apply: Education, Employment, Humanitarian.
  • Do you have a passport?

Further Questions
If you answer “Yes” to any of the following, consult an immigration attorney before applying for Advance Parole.

  • Have you been in removal proceedings?
  • Do you have other pending immigration applications?
  • Will your DACA expire during your travel dates?
  • Do you have a criminal record or outstanding fines?

Step 2: Fill out Form I-131, “Application for Travel Document”

  • On Part 2 of the form, check Box 1.d under “Application Type” for Advance Parole.
  • Enter your travel dates and purpose.
  • Leave reentry permits and refugee travel documents sections blank.

Step 3: Gather Supporting Documents

Provide proof of why you need to travel. Examples:

  • Humanitarian: Medical records, death certificates or proof of family relationship.
  • Educational: Acceptance letters to study abroad programs, research approval or letters from academic advisors.
  • Employment: Employer letters, conference invitations or work-related travel documentation.

Step 4: Assemble the Application Package

Package contents should include:

  1. Cover Letter: Be brief and state the purpose of your trip and list the documents you are including.
  2. Form I-131: Fill out USCIS Form I-131 (Application for Travel Document). Right now it must be submitted as a paper application.
  3. Purpose Statement: State clearly why your travel is necessary (humanitarian, education or employment).
  4. Supporting Documents: See below for required documents based on purpose of travel.
  5. DACA Approval Notice: Include a copy of your most recent I-797.
  6. Employment Authorization Document: Include a copy of your EAD.
  7. Passport Photos: Two recent passport sized photos.
  8. Application Fee: A check or money order for $630 made out to “U.S. Department of Homeland Security.”

Supporting Documents

  • Education: Official enrollment letters, program syllabi, acceptance letters or letters from academic advisors explaining how the travel will benefit your studies.
  • Employment: Employer letters explaining the need for travel, conference registration or invitations for work related events.
  • Humanitarian: Medical records for yourself or ailing relatives, birth or death certificates to prove relationships and statements from family members.

Tip: Make two copies of your application. Keep one with you during travel and leave one with a trusted contact in the U.S.Completed I-131 application

Step 5: Submit

  • Mailing Address:
  • USCIS
  • P.O. Box 5757
  • Chicago, IL 60680-5757
  • Keep a Copy: Always keep a copy of your application and supporting documents.

Step 6: USCIS Resources

Check the USCIS I-131 instructions for more information.

Step 7: Travel Preparation

Documents to Carry

  • Original Advance Parole approval (I-512L)
  • DACA Approval Notice
  • Supporting documents for purpose of travel

Step 8: Re-entering the U.S. with Advance Parole

When you get back, you will go through inspection at the port of entry and CBP may ask you questions about your trip. Stay calm and have all your documents ready.

Advance Parole Travel Tips

  • Consult an Immigration Attorney: Before you leave, consult with an attorney to confirm your travel plans are safe and to discuss any risks.
  • Monitor Travel Dates: Don’t exceed the time frame on your Advance Parole.
  • Leave Early: Plan to return well before your Advance Parole expires to account for delays.
  • Bring Documents: Bring your Advance Parole and DACA approval notices with you.
  • Leave with Someone You Trust: Make sure a family member or representative in the U.S. has copies of your approval documents in case of an emergency.
  • Emergency Contacts: Carry contact information for family members and legal representatives.

Emergency Advance Parole Requests

For emergency situations, you may be able to request expedited processing of Advance Parole. But the reason must be serious, like a medical emergency or family emergency. Always check with USCIS for current instructions on emergency requests.

Traveling on Advance Parole Risks

Traveling abroad with Advance Parole has risks, including being denied re-entry. Travel history may also impact future immigration options so consult with an immigration attorney to consider these risks.

More Resources

Advance Parole FAQs for DACA Recipients

General Advance Parole Question

Eligibility and Application Process

Traveling with Advance Parole

Risks and Consequences

Uncommon Questions or Situations

After Approved Advance Parole

Advance Parole allows DACA recipients to travel but you must follow all the rules and understand the risks. With proper planning and documentation, you can make the immigration process much easier and minimize travel risks. Always consult an immigration attorney.

Adjustment of Status Through Parole in Place for Family Members of U.S. Military Personnel

The “Parole in Place” (PIP) program allows family members of U.S. military members and veterans to potentially adjust their status and become lawful permanent residents (green card holders) even if they entered the U.S. illegally. PIP is not a separate immigration status but a tool to help non-citizen family members become permanent residents without having to leave the U.S.

What is Parole in Place (PIP)?

PIP is a temporary permission to be in the U.S. (usually in one-year increments) and allows eligible individuals to apply for a work permit. This is a benefit for non-citizen family members of U.S. military members to get lawful status and potentially apply for a green card even if they entered the U.S. illegally.

With PIP, eligible applicants can adjust status without leaving the country and re-entry issues.

Who is eligible for Parole in Place?

You may be eligible if:

  • You entered the U.S. illegally
  • You are the spouse, widow/widower, or unmarried minor child of:
  • An active-duty member of the U.S. armed forces
  • A Selected Reserve member of the Ready Reserve
  • A veteran who served honorably in the U.S. armed forces or the Selected Reserve

Note: PIP is discretionary, approval is not guaranteed. USCIS will grant it only if they think it serves a public benefit, like military family unity. Individuals with criminal convictions or other serious issues may not be eligible.

How to Apply for Parole in Place

To apply for PIP, gather and submit the following documents to U.S. Citizenship and Immigration Services (USCIS):

  1. Form I-131, Application for Travel Document
    • Check the box in Part 1, Question 8A to select PIP as the purpose.
  2. Proof of Relationship to Military Member
    • Submit marriage or birth certificates, with translations if not in English.
  3. Evidence of Military Service
    • Copies of military ID (DD Form 1173), enlistment papers or other official documents proving military service.
  4. Two passport-style photos of the applicant.

Additional Supporting Evidence

  • Letters from community members or employers, volunteer work and educational achievements may help your case. If you have a criminal record, include proof of rehabilitation (consult an attorney for guidance on criminal issues, as these can affect eligibility).

Note: There is no fee for PIP. Submit your application to the USCIS field office serving your area, some offices may have additional requirements (e.g. a written statement explaining how you entered the U.S. or proof of an I-130 petition). After submission, USCIS may schedule an interview, which is usually short but can be longer if more information is needed.

If Parole in Place is Granted: What’s Next

You’ll receive an I-94 card as proof of PIP status. This card is good for one year and should be kept safe as it allows you to:

  • Apply for a work permit (EAD) through USCIS.
  • Adjust status and apply for a green card if unlawful entry was the only issue.

Family Members Eligible for a U.S. Green Card

Under U.S. immigration law, only certain family members of U.S. citizens are eligible for a green card as “immediate relatives”:

  • Spouse or widow/widower
  • Unmarried child under 21
  • Parent

Immediate relatives have priority for green cards without long waiting lines and PIP allows them to adjust status in the U.S.

How to File for Adjustment of Status

Once PIP is approved you can:

  • Form I-130: The U.S. citizen family member should file this if it hasn’t already been filed.
  • Adjustment of Status Application (Form I-485): Attach your PIP approval notice to your application.

Consult an attorney for guidance on filing a family-based green card application as the process can be tricky.

Important Notes

PIP applications have a high denial rate and success depends on the strength of your case. It’s recommended to get legal help especially if you have other issues (e.g. criminal history) that can affect your adjustment to permanent residence. An immigration attorney can also help you with local requirements and USCIS office.

Dreamers by the Numbers

1. Population: Who are the Dreamers?

  • Eligibility Criteria: The 2023 Dream Act (S. 365) defines Dreamers as undocumented immigrants who entered the U.S. before age 18 and have been here for at least 4 years prior to the bill’s enactment. They must be inadmissible or deportable under immigration law or have TPS and have completed or be in high school.
  • Number of Beneficiaries: 2.3 million would get a pathway to citizenship, about 1/5 of the undocumented population in the U.S.
  • DACA-Eligible: Over 1 million of these Dreamers are eligible for Deferred Action for Childhood Arrivals (DACA) which protects immigrants who entered the U.S. in 2007 or earlier, were under 16 and met certain education or military service requirements.
  • Current DACA Status: About 590,000 Dreamers had active DACA as of late 2022 and 400,000 more could qualify if new applications were allowed. Due to recent court decisions, about 95,000 are waiting for DACA approval.
  • School-Aged Dreamers: About 600,000 young people are not eligible for DACA as they arrived after the 2007 cut-off.

2. Age: A Young Population

  • Youth Demographics: Over 1.5 million Dreamers eligible under the 2023 Dream Act are under 30, median age 24.
  • Minors: About 600,000 are under 18, 1.7 million are adults. Many minors can’t apply for DACA as the entry requirements are outdated, since DACA was created in 2012 and has not been updated.

3. Origins and U.S. Arrival: Diverse Backgrounds, Deep Roots

  • Years in the U.S.: 1.7 million Dreamers or 76% of those covered by the Act entered the U.S. in 2012 or earlier, have been here over 10 years.
  • Age at Entry: 76% arrived before age 13, spent their formative years in the U.S.
  • Country of Birth: While almost half (1 million) of eligible Dreamers were born in Mexico, the rest come from:
    • Asia: 370,000 from countries like India, China and the Philippines.
    • Central America: 320,000 from countries like El Salvador, Guatemala and Honduras.
    • South America: 160,000 from countries like Colombia and Venezuela.
    • Caribbean: 120,000 from Haiti, Dominican Republic and Jamaica.
    • Africa and Middle East: 110,000 from various African and Middle Eastern countries.

4. Education: Many Dreamers are in School

  • Educational Attainment: To be eligible for the Dream Act, Dreamers must have completed high school or equivalent, be in school or have served honorably in the U.S. military.
  • High School Graduates: 1.6 million Dreamers have graduated high school or GED, 250,000 have college degrees or diplomas.
  • Students: 900,000 Dreamers are in school, 600,000 K–12 and 300,000 college. Of these 300,000 are eligible for DACA, others arrived too recently to qualify.

5. Workforce: Filling Gaps in High-Demand Sectors

  • Employed in Critical Industries: 1 million Dreamers are employed in industries with severe labor shortages, job opening rates above 5%.
  • Sector Breakdown:
    • Construction: 190,000
    • Retail Trade: 190,000
    • Food Services and Accommodation: 170,000
    • Manufacturing: 140,000
    • Business and Professional Services: 140,000
    • Healthcare and Social Assistance: 110,000
    • Transportation and Warehousing: 80,000
    • Total Workforce Participation: 1.3 million Dreamers or 60% of those covered by the Act are in the workforce.

6. Economic Impact: Growing the U.S. Economy

  • Current Impact: Despite limited protections, Dreamers contribute about $45 billion to the U.S. economy through wages and $13 billion in federal, state and local taxes.
  • Future Projections: FWD.us estimates DACA recipients alone could contribute $390 billion in wages and $117 billion in taxes over the next 10 years if they were given permanent residency and work authorization.

7. Family Ties: Supporting U.S. Citizen Families

  • Parental Status: 475,000 Dreamers are parents to at least one U.S. citizen child, 750,000 U.S. citizen minors with a Dreamer parent.
  • Marital Ties: 200,000 Dreamers or 10% of those covered by the Act are married to U.S. citizens. Many more Dreamers have close family ties to U.S. citizens but current laws prevent them from getting permanent residency despite these ties.

Why the Dream Act Matters

The Dream Act of 2023 will provide a pathway to citizenship for Dreamers, ending years of uncertainty and allowing them to fully contribute to American society. With their youth, education, work skills and deep family ties, Dreamers are uniquely positioned to strengthen the U.S. workforce and economy.

Passing this legislation would not only recognize their contributions but also secure a better future for American families and communities. Only by giving them a path to citizenship can Congress ensure Dreamers can continue to build their lives in the country they call home.

What if DACA Ends? Jobs, Families, Communities

Since 2012, the Deferred Action for Childhood Arrivals (DACA) program has given protection from deportation and work authorization to young undocumented immigrants, allowing them to build lives, families and careers in the U.S. Despite its success, DACA is under legal threat. If it ends or renewals stop, the impact will be catastrophic for recipients, their families and the U.S. workforce and economy.

If DACA Ends

1. Job Losses: Thousands Each Week

  • Daily Job Losses: If renewals stop, 1,000 DACA recipients would lose their jobs every business day for the next 2 years. That’s 18,000 jobs lost each month and workforce shortages across multiple industries.
  • Impact on Essential Workers: The following sectors would be hit hardest:
  • Healthcare: 1,500 healthcare workers (doctors and nurses) would lose their jobs each month.
  • Education: 700 educational professionals (teachers and aides) would be forced out of work.
  • Personal Care: 600 caregivers in child and senior care would lose their jobs monthly, affecting vulnerable community members.

Estimated Monthly Job Losses by Sector

  • Office Administration: 2,700
  • Sales: 1,900
  • Transportation: 1,800
  • Construction: 1,800
  • Food Preparation/Service: 1,700
  • Healthcare: 1,500
  • Production: 1,200
  • Management: 1,000
  • Building Maintenance: 800
  • Education: 700
  • Personal Care: 600

Total Jobs Lost Monthly: 18,600

2. Economic Impact: State by State

  • State-Level Impacts: The states with the largest DACA recipient populations (California and Texas) would be hit the hardest:
    • California: 5,200 monthly job losses, 500 healthcare workers, 200 educators
    • Texas: 2,600 monthly job losses, 200 healthcare, 100 education
    • Other States: Illinois, New York, Arizona, Florida would also be hit hard, with economic ripples across their local communities.

3. Shrinking DACA Population: A Generation Without Opportunity

  • No New Applications: DACA is currently closed to new applicants due to legal restrictions and about 600,000 eligible Dreamers are without protection.
  • Backlog: About 100,000 applications are pending at USCIS but cannot be processed due to court orders. 120,000 young undocumented high school graduates in 2023 are ineligible for DACA and have limited options.
  • A Generation Without Opportunity: As DACA recipients age, younger Dreamers are growing up without DACA.

The Impact on Families: Deportation Risks for Loved Ones

1. Family Separation: 1,000 U.S. Citizens Daily

  • Family Members at Risk: Ending DACA would not only affect recipients but also put their U.S. citizen family members at risk of being separated. Over 2 years, more than 1,000 U.S. citizens each day would see a loved one (parent, spouse or sibling) face deportation.
  • Children: 12,600 U.S. citizen children each month could see a parent become deportable, leading to uncertainty, stress and possible family separation.
  • Spouses: 4,000 U.S. citizen spouses could lose their partner’s protection, putting families under immense emotional stress.

Monthly Numbers of U.S. Citizen Family Members Affected

  • California: 2,700 children and 1,300 spouses
  • Texas: 2,400 children and 800 spouses
  • Other States: New York, Arizona, Washington, Colorado, Nevada, North Carolina, Florida would also be hit hard.

2. The Human and Financial Cost to Family

  • Mental Health: Deportation threats weigh heavily on families, affecting children’s school performance and adults’ work productivity.
  • Financial Stress: Losing a family member’s income due to deportation or job loss could destabilize family finances, leading to housing insecurity, reduced access to healthcare and other financial hardships.

We Need Action Now

DACA has been a lifeline for hundreds of thousands of young immigrants who have made the U.S. their home, contributing to the economy and their communities. With the program under attack like never before, only Congress can provide a permanent solution to protect Dreamers and prevent the disaster of ending DACA.

Why a Permanent Solution Matters

  • Workforce and Economy: DACA recipients are part of the U.S. workforce. Losing them would hurt businesses, hospitals, schools and other critical infrastructure, exacerbate labor shortages and costs.
  • Families and Communities: Dreamers are part of American society. Many have U.S. citizen children and spouses, own homes and contribute to their communities. Congress must act so they can stay, work and thrive in the U.S.

DACA 12 Years Later: Lives

The Deferred Action for Childhood Arrivals (DACA) program has allowed undocumented youth to build lives in the U.S., many now working, in college and raising families. As DACA turns 12, the program is under legal attack and recipients and their families are in crisis. Here’s the situation.

DACA’s History and Purpose

  • 2012: The Obama administration created DACA to give temporary deportation relief to young immigrants who came to the U.S. as children. It allowed recipients, known as Dreamers, to work, study and live without fear of being deported.
  • Initial Recipients: When DACA started, most recipients were high school or college students. Their average age was 21, half were in school and 60% were working. The average annual income was $4,000.

12 Years of Growth: The Evolution of DACA Recipients

2024 vs. 2012

  • Labor Force: 88% of DACA recipients are now in the workforce vs. 60%.
  • Education: 99% have graduated high school, 49% have some college education.
  • Income: Median annual income has jumped from $4,000 to $37,000.
  • Family Life: 42% are married and 50% have children, they have put down deep roots in the U.S.
  • To the Economy: Over the years, DACA recipients have added over $100 billion to the U.S. economy through taxes and spending.
  • Stable Jobs: With DACA’s work permit, recipients have been able to have stable careers and benefit industries across the country, healthcare, education and technology.

Personal Story: Reyna Montoya

Reyna Montoya, one of the first DACA recipients, went from student to teacher and community leader. DACA allowed her to graduate from college and make a difference in her community. Like many other Dreamers, she now advocates for a safer future and urges Congress to act.

A New Profile: DACA Recipients Today

  • Today’s DACA population looks different from the program’s early years:
    • Age and Time in the U.S.: The average DACA recipient is now 31 and has been in the U.S. for 25 years.
    • Widespread Presence: DACA recipients live in communities all over the U.S., with the largest populations in California (28%) and Texas (17%).
    • Family Life: Many DACA recipients live in mixed status households, often with U.S. born spouses or children, so family stability is key.

DACA Population Characteristics

  • Labor Force: 83% are in the workforce.
  • Education: 96% have graduated high school, 49% have some college education.
  • Family Structure: 31% are married, 38% have children.
  • U.S. Citizen Relatives: 1 million U.S. citizens live in households with DACA recipients.

Uncertainty: Legal Challenges and Limited Access

was supposed to be temporary but congressional inaction has left recipients in limbo:

  • Legal Threats: In recent years, court decisions have blocked new applications, leaving an estimated 600,000 eligible youth without access to DACA.
  • Renewals Only: Current recipients can still renew but the program is still at risk of being ended permanently. If the courts strike down DACA, 1,000 jobs and family separations would occur every business day for the next two years.
  • Frozen Eligibility: Since the eligibility date for DACA hasn’t been updated since 2012, many recent high school graduates can’t apply, despite having lived in the U.S. most of their lives.

Congress Must Act Now

“DACA policy has given young undocumented immigrants a chance to build lives in the U.S. but without a permanent solution their future is uncertain. Congress can:

  • Create a Pathway to Citizenship: By passing a bill, Congress can give Dreamers a permanent home in the U.S. which is where they have lived most of their lives.
  • Protect Families: Many DACA recipients have U.S. citizen family members so a pathway to citizenship would prevent family separations and family stability.
  • Include the Entire Undocumented Population: Expanding protections to all undocumented family members would keep millions of families together so they can fully participate in the economy and their communities.

Now is the Time

President Obama’s original DACA statement said it was temporary and that Congress needed to act. Twelve years later, the call to act is still urgent. With legal threats looming, Congress must pass a pathway to citizenship to give DACA recipients, their families and their communities stability and certainty.

The Dream Act: Stalled

Since its introduction over 20 years ago the Development, Relief, and Education for Alien Minors (DREAM) Act has been at the center of U.S. immigration reform. Designed to provide a pathway to legal status for undocumented immigrants who came to the U.S. as minors, often called Dreamers, the Dream Act continues to be a topic of political debate and hope for millions who want to fully participate in American society. This article will look at the history, main provisions, potential effects and current status of the Dream Act.

History

The idea of the Dream Act was born out of the need to address the special challenges faced by undocumented immigrants brought to the U.S. as children. These young people, many of whom were raised in American communities and educated in American schools, find themselves in a legal limbo.

They are American in culture yet undocumented in status, with limited access to work, education and financial aid because of their immigration status.

In 2001 Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) introduced the first version of the Dream Act to provide conditional residency to young undocumented immigrants and a pathway to permanent residency if they met certain educational or military service requirements.

Since then various versions of the Dream Act have been introduced in Congress but despite broad public support the Act has not been passed into law. However it paved the way for other initiatives including Deferred Action for Childhood Arrivals (DACA) which temporarily protects eligible Dreamers from deportation.

Main Provisions of the Dream Act

While different versions of the Dream Act have been introduced, most have had the same core criteria and goals. Main provisions of the Dream Act include:

  1. Eligibility Requirements: The Act applies to undocumented immigrants who were brought to the U.S. as minors (often before age 16) and have been in the country for several years before the law is enacted. Applicants must generally show good moral character meaning they have not been convicted of certain crimes and are not a threat to public safety.
  2. Education and Military Service: To get permanent legal residency eligible applicants often have to complete a period of higher education (such as an associate’s or bachelor’s degree) or serve in the U.S. military. This requirement is to show a commitment to American society.
  3. Conditional Residency: Once initial eligibility requirements are met Dreamers can be granted conditional residency and can live, work and study in the U.S. without fear of deportation. Conditional residency status is usually for a certain period of time (e.g. six years) during which the individual has to meet educational or military requirements.
  4. Pathway to Permanent Residency: Once the conditions are met Dreamers can apply for permanent legal residency (often called a green card) and eventually citizenship. This would allow them to fully participate in American society, access more job opportunities and contribute more to the economy.

Economic and Social Effects

The Dream Act has big implications for Dreamers and the U.S. as a whole. Advocates say passing the Dream Act would bring significant economic benefits, support the American workforce and uphold American values of fairness and opportunity. Here are some of the main effects:

  1. Economic Growth: Research shows Dreamers contribute to the U.S. economy. Studies say passing the Dream Act would add billions to the gross domestic product (GDP) over the next few decades. By giving Dreamers stable legal status the Act would allow them to get higher paying jobs, invest in education and contribute more in taxes and boost economic growth.
  2. Meeting Workforce Needs: As the U.S. is facing a shortage of skilled labor Dreamers could fill gaps in key industries like healthcare, education, technology and manufacturing. Many Dreamers have pursued professional and technical education and are ready to meet current and future workforce needs.
  3. Family and Community Stability: Dreamers are already part of American communities as family members, friends, colleagues and students. By giving them status the Dream Act would reduce the risk of family breakups due to deportation and strengthen community bonds and the social fabric of the country.
  4. American Values: The Dream Act is in line with American values of opportunity, hard work and equality. Giving Dreamers a pathway to status would recognize their contributions, resilience and commitment to the country they call home.

The Dream Act and Related Policies Today

  1. Although the Dream Act has had bipartisan support for years it has faced political hurdles and has not passed. Each Congress brings new versions of the Act, some focusing on education and others on family members of Dreamers. Despite wide public support the political gridlock has stalled progress.

In 2012 the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) program. DACA provides temporary relief from deportation and work authorization for eligible Dreamers and allows them to renew every two years. While it’s temporary relief it’s not a permanent solution. Legal challenges and changes in administration policies have put the program in jeopardy and left DACA recipients in limbo.

In 2021 the American Dream and Promise Act passed the House of Representatives which included the Dream Act. But it did not move in the Senate. President Biden has said he supports comprehensive immigration reform including the Dream Act but the Act’s fate is up to bipartisan cooperation in Congress.

For and Against the Dream Act

For

  1. Moral Imperative: Supporters say it’s unfair to punish young people who had no choice in coming to the U.S. and have spent most of their lives here.
  2. Economic Growth: Many studies say legalizing Dreamers would increase their economic contributions and GDP and tax revenue.
  3. Human Rights and Family Unity: The Act would prevent deportation and family breakups for hundreds of thousands of Dreamers and their families and uphold human rights.

Against

  1. Encouraging More Illegals: Critics say legalizing Dreamers would encourage more undocumented immigration, they think it would create a pathway for future arrivals.
  2. Cost: Some say the Act would increase public spending on education, healthcare and social services.
  3. Rule of Law: Some say providing a pathway to citizenship undermines the enforcement of current immigration laws.

The Dream Act is a symbol and a solution to a problem affecting millions of young people in the U.S. While the road to passage is uncertain the debate around the Dream Act shows we need a compassionate and forward thinking approach to immigration reform.

For Dreamers passing the Act would mean more than status it would mean the opportunity to fully be themselves, enrich American society and build a secure and stable future. As the country figures out its immigration policy the Dream Act is a reminder of the values of resilience, opportunity and the American dream.

DACA FAQ

General DACA Program Questions

DACA Litigation and Status

DACA and Health Care

DACA and Advance Parole (Travel Authorization)

DACA and H-1B Visas

DACA and Adjustment of Status (Green Card Pathways)

Employment and Work Authorization

Educational Opportunities

Family Sponsorships and DACA

DACA Renewal Process

DACA in the Courts

DACA’s Future is Uncertain

DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.

For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.

Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.

We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed. S will accept the application and payment but will not process or approve any first-time applications under current rules.

DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.

For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.

Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.

We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed.

Expert Legal Help At Herman Legal Group, LLC

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TPS & Trump: Will He End Protections for 1.6 Million People?

Growth Under Biden and Danger Under Trump

The Temporary Protected Status (TPS) program which temporarily protects migrants from deportation to countries in crisis and provides work authorization has grown under the Biden, whom some refer to as the “TPS President.” TPS is one of the few executive tools to provide work authorization without Congressional approval.

How Many Are Protected or Eligible for TPS?

  • As of March 2024 there are 863,880 TPS holders in the US.
  • 486,418 applications for initial status or renewals are pending.
  • Recent redesignations could add 320,300 more to the pool of people eligible for TPS.

TPS is back in the news.

Donald Trump will be sworn in as President on January 20, 2025. The incoming Trump administration has recently indicated uncertainty about whether it will cut or end the program in his second term.

During the first Trump administration the program was under attack like never before with terminations that put over 300,000 people at risk of deportation.

Past Legal Battles

Lawsuits in 2017 and 2018 blocked Trump’s initial attempts to terminate TPS for countries like Haiti and Sudan. Courts ruled that the terminations were discriminatory and lacked basis.

Uncertain Future

Legal challenges may delay or prevent terminations but they depend on what Trump does and the political climate. Even without premature terminations of existing TPS designations, Trump can simply not extend the existing country-specific designations, most of which will expire in 2025.

The future of TPS and the lives of over a million people are at stake.  If Trump’s plan goes through this could mean the deportation of hundreds of thousands of people who have built lives in the US. Many TPS holders have been here for decades, contributing to the economy and community.

Over 2/3 of TPS holders have U.S. citizen children. Terminating TPS without alternatives would not only disrupt lives but also industries that rely on this workforce. This guide explains the key issues, the growth, what’s next and what TPS holders can do to protect themselves.

What is TPS and Why is it Important?

History:

  • TPS was created in 1990 by Congress and signed into law by President George H.W. Bush to address humanitarian crises, starting with Salvadorans fleeing civil war.
  • Since then it has been used to protect migrants from:
    • Genocide in Rwanda.
    • Wars in Bosnia and Kuwait.
    • Natural disasters like the volcanic eruptions in Montserrat in the 1990s.

Past Terminations:

  • TPS designations have ended when countries have stabilized like Bosnia and Kosovo. But many current designations are still critical because of ongoing crises.

When and Why is TPS Designated?

TPS allows immigrants from designated countries (17) to live and work in the US temporarily without fear of deportation when conditions in their home countries are unsafe.

A country can be designated for TPS for the following reasons:

  • Armed Conflict:
    • Ongoing conflicts like civil wars that pose severe risks to individuals.
  • Environmental Disaster:
    • Natural disasters like hurricanes, earthquakes or epidemics that cause significant disruption.
  • Extraordinary and Temporary Conditions:
    • Situations like political instability, extreme violence or humanitarian crises that prevent safe return.

Important Notes:

  • TPS does NOT provide a path to permanent residency or citizenship.
  • TPS holders CAN still apply for other immigration benefits or protections if they qualify.

Who Decides on TPS Designations?

The homeland security secretary has sole authority to designate, extend or terminate TPS for a country.

Decisions are made in consultation with agencies like the State Department and National Security Council.

Duration of TPS Designations:

  • Designations are for 6, 12 or 18 months and can be extended if conditions persist.
  • If no decision is published 60 days before expiration the designation is automatically extended for 6 months.

Who is Eligible for TPS?

Eligibility Requirements

To qualify for TPS you must:

  1. Country Designation: Be a national of a TPS-designated country or a stateless person who last resided in such a country.
  2. Continuous Presence: Have been physically present in the US since the designation date for your country.
  3. Continuous Residence: Have lived in the US since the date specified for your country.
  4. Timely Filing: File during the initial registration period or meet the late filing criteria.

Ineligibilities: You may not be eligible if:

  • You have been convicted of any felony crime or two or more misdemeanors in the US.
  • You are inadmissible based on specific immigration grounds such as criminal or security related issues.
  • You do not meet the continuous physical presence or residence requirements.
  • You are subject to the asylum bars such as persecution or terrorist activities.

Key Features:

  • Date of Entry:  Only those who were in the US by a specific date are eligible.
  • Renewable Status: Designations are for 18 months and are re-assessed for extensions.
  • Manner of Entry:  How you entered the country – legally or otherwise – is not a disqualifier.
  • Criminal/Immigration History:  Certain criminal convictions or immigration violations will make you ineligible unless you have a waiver.
  • Not a Path to Citizenship: TPS does not provide a path to permanent residency or citizenship but temporary relief.
  • Current Beneficiaries: Nearly 900,000 people from 17 countries including Haiti, Venezuela, Afghanistan, Sudan and Lebanon are protected by TPS.

Benefits of TPS

TPS offers several benefits to beneficiaries:

  • Protection from Deportation: TPS holders are not removable while their status is valid.
  • Work Authorization: TPS recipients can work in the US with an EAD.
  • Travel Authorization: Recipients can travel internationally with advance parole.
  • Integration: TPS beneficiaries can live and contribute to their communities without fear of deportation.

Where Are They?  Distribution of TPS Holders Across the US.

TPS holders are in all states but the largest populations are in:

  • Florida: 295,720 TPS recipients.
  • Texas: 93,680.
  • New York: 67,840.
  • California: 67,800.
  • New Jersey: 31,480.

Their large and longstanding number shows their integration in US communities.

Florida Will Be Hit the Hardest

As President-elect Donald Trump prepares to take office again his threats to end TPS have reignited fears especially in his home state of Florida, the state that will lose the most.

TPS is crucial for many living and working in the Sunshine State. Trump’s promise to terminate these protections will not only harm the individuals directly affected but also disrupt Florida’s communities and economy.

How Does TPS Work?

Step 1: Country Designation

The Secretary of Homeland Security determines which countries are eligible for TPS based on:

  • Armed conflicts that affect civilians.
  • Natural disasters that disrupt living conditions.
  • Temporary but extraordinary situations like epidemics or political turmoil.

The decision to designate or redesignate a country is made in consultation with other agencies like the Department of State and National Security Council.

Step 2: Registration

Foreign nationals from designated countries must:

  • File the I-821 Application and I-765 Work Authorization during the registration period.
  • Be a national of a TPS designated country or a stateless person who last habitually resided in such a country
  • Be physically present in the US since the date of designation.
  • Pay application and biometric fees (or request a fee waiver).

Step 3: Benefits

If approved TPS recipients are:

  • Not removable.
  • Eligible for an EAD.
  • Can apply for advance parole through Form I-512T

Expiration and Renewal of TPS

TPS designations are reviewed and extended based on country conditions:

  • The Secretary of Homeland Security must decide on the extension 60 days before expiration.

Extensions only apply to individuals who already have TPS; new applicants need a redesignation

What Does TPS Offer?

TPS offers benefits to give individuals a sense of security and opportunity while their countries are in dire conditions.

Core Benefits:

  1. Protection from Deportation:
    TPS holders are not removable while their status is valid.
  2. Work Authorization:
    TPS holders can get an EAD to work in the US.
  3. Travel Authorization:
    • TPS specific travel documents allow holders to travel internationally and reenter the US.
    • Form I-512T replaced advance parole for TPS holders in 2022.

Challenges for TPS Holders

Perpetual Uncertainty

TPS does not offer a pathway to permanent residency or citizenship unless pursued through other legal means. Most are stuck in limbo.

  • TPS designations are 18 months, after which DHS must re-evaluate the country conditions.
  • Recipients must reapply each time, often with delays in work permit processing
  • TPS holders are not eligible for public benefits based on their TPS status.

Registration and Re-Registration Hurdles

TPS applicants must: Apply during limited registration periods. Pay significant fees for initial registration, work permits and re-registration. Reapply every time the designation is extended, even after 20+ years of residency.

Barriers to Family Reunification

  • TPS holders cannot use their status to sponsor family members. They cannot confer TPS protections to their relatives abroad, even in life or death situations

Legislative Gridlock

Advocates urge for legislative solutions to provide long term stability for TPS holders. Congressional action is needed to create a direct path to green cards for TPS holders but progress has been slow.

Vulnerability to Policy Changes

TPS is at the mercy of the administration in power, making the status precarious.

Myths About TPS

“It’s Amnesty.”

  • Critics call TPS amnesty but it’s not. It does not offer permanent residency or citizenship.
  • It’s a temporary solution that has ended for several countries when conditions improved.

“Migrants Exploit TPS.”

  • TPS was created through legislation, not a loophole.
  • Protections can’t be arbitrarily revoked. The law requires a thorough review of country conditions to determine eligibility.

History of TPS

Extended Voluntary Departure (EVD)

  • Historical Role: Extended Voluntary Departure (EVD) is the Predecessor to TPS, used before the Immigration Act of 1990.
  • Transition: Replaced by TPS to formalize protections.

Expired TPS Designations

  • Angola (Expired March 29, 2003): Post civil war stabilization.
  • Bosnia-Herzegovina (Expired February 10, 2001): Conflict resolution efforts.
  • Burundi (Expired May 2, 2009): Post civil unrest.
  • Guinea (Expired May 21, 2017): Post Ebola outbreak.
  • Liberia (Expired May 21, 2017): Post Ebola crisis.
  • Montserrat (Expired August 27, 2004): After volcanic disaster.

Why DOES TPS Matter?

Humanitarian Need

  • TPS is a lifeline for individuals fleeing life or death situations. Deporting them back to unsafe conditions could be catastrophic.
  • TPS shows the US commitment to providing shelter to those affected by global crises.
  • Countries like Turkey, Colombia and the European Union offer similar protections, global solidarity during humanitarian emergencies.

US Leadership in Crisis Response

  • By maintaining and expanding TPS the US will be a global leader in addressing displacement caused by wars, climate change and economic instability.
  • As shown below, TPS recipients are part of many industries and contribute billions in taxes annually. TPS recipients contribute to industries like healthcare, education, construction and manufacturing, to address labor shortages.
  • Work authorization through TPS benefits both immigrants and US employers
  • Labor Force Participation: Nearly 90% of TPS holders are employed, much higher than the national average
  • Ending TPS will hurt local economies, exacerbate labor shortages and disrupt industries that rely on migrant workers. In Springfield, Ohio auto manufacturers employ TPS recipients from countries like Venezuela and Haiti.

Criticism and Advocacy

Critics of TPS:

  • Some say TPS has become de facto permanent status for recipients undermining its original purpose as a temporary solution.
  • Critics like Ira Mehlman of FAIR say the system only works if people are sent back once crises subside.

Advocates for TPS Holders:

  • Immigration advocates point out the ongoing crises in countries like Haiti and say deporting people to unsafe conditions is inhumane.
  • Efforts to create a pathway to permanent residency for long time TPS holders are gaining traction but are being blocked in Congress.

Which Countries Are Under TPS?

As of this writing, the following 17 countries are designated for TPS:

  • Afghanistan: Extended until May 20, 2025 due to ongoing instability and security concerns.
  • Burma (Myanmar): Valid through November 25, 2025, addressing the severe political and humanitarian crises following military rule.
  • Cameroon: Extended until June 7, 2025 due to violent conflicts and humanitarian crises.
  • El Salvador: Extended until March 9, 2025, recognizing prolonged safety challenges stemming from crime and economic instability.
  • Ethiopia: Valid through December 12, 2025, owing to conflict and famine.
  • Haiti: Extended through February 3, 2026, with worsening political unrest and gang violence.
  • Honduras: Extended until July 5, 2025, addressing the impacts of poverty, corruption, and climate disasters.
  • Lebanon:  Extended until May 27, 2026, due to longstanding humanitarian needs exacerbated by an escalation of armed conflict.
  • Nepal: Extended until June 24, 2025, following the 2015 earthquake’s lasting effects.
  • Nicaragua: Extended until July 5, 2025, due to political instability and natural disasters.
  • Somalia: Extended until March 17, 2026, given prolonged armed conflict and insecurity.
  • South Sudan: Extended until May 3, 2025, in light of ongoing civil conflict.
  • Sudan: Extended until April 19, 2025, reflecting continued violence and instability.
  • Syria: Extended until September 30, 2025, owing to the civil war and humanitarian crisis.
  • Ukraine: Extended until April 19, 2025, following Russia’s invasion and ongoing war.
  • Venezuela: Extended until April 2, 2025 (September 10, 2025 for those who applied under Re-Designation), citing political turmoil and economic collapse.
  • Yemen: Extended until March 3, 2026, due to the devastating civil war and famine.

Recent Growth of TPS:

  • As of fall 2024 over 860,000 are under TPS—double the number from 4 years ago.
  • Nearly 50% more are eligible but haven’t applied
  • Hundreds of thousands have applied and are waiting for approval.

Specific TPS Groups at Risk Under Trump

Haiti, Venezuela and El Salvador make up the majority of the TPS population and the most likely Trump targets.

Haitians (200,005 TPS holders):

  • Trump has labeled Haitian immigrants as “animals” and vowed to end their protections.
  • 2010 Earthquake: TPS was granted to Haitians after the 2010 earthquake which left the country unable to absorb returnees.
  • Ongoing Instability: Renewals have been granted due to gang violence, political turmoil and economic collapse. The Federal Aviation Administration prohibited U.S. airlines from landing in Haiti for 30 days due to safety issues involving the international airport.
  • Current Status: Haitian TPS holders have protections until February 2026, approximately 200,000.

Venezuelans (472,000 TPS holders)

  • Mass Displacement: Venezuela’s political and economic collapse has forced 7.7 million to flee the country.
  • A Lifeline for Families: For migrants like Maribel Hidalgo who fled with her infant son, TPS is a lifeline and hope.
  • Current Status: Venezuelan TPS holders have protections until April 2, 2025 or September 10, 2025 (for re-designated), approximately 470,000. The Biden administration announced Venezuelans would receive Temporary Protected Status (TPS), providing legal protection to individuals from unsafe homelands.

Salvadorans (198,000 TPS holders):

  • TPS for El Salvador has been in existence for over 23 years, since 2001.
  • Current Status: Salvadoran nationals have protections until March 9, 2025, impacting about 200,000.

Migrant Stories: Lives in Limbo

Hidalgo’s Journey:

  • Maribel Hidalgo crossed the Darien Gap and Mexico to get to the US with her infant son. For her TPS is a thin lifeline to safety. Her fear:
    • After everything I went through with my son to get to this country, they’ll send me back again.”

Who else is losing TPS protections?

Neary 1.6 million people in the US are eligible for TPS. Of this number, 860,000 have TPS, 486,000 are pending and 320,000 are eligible but not yet applied.

Deeply Rooted in the US: Many TPS holders have been in the US for decades, have raised families and contributed to their communities.

Below is the breakdown of those who have TPS, by country and TPS designation date.

CountryTPS Designation DateEstimated Beneficiaries
Afghanistan202276,000
Cameroon202239,000
El Salvador2001198,000
Ethiopia202231,000
Haiti2010, 2021200,000
Honduras199960,000
Lebanon   2024 Myanmar20211,600
Nepal201514,500
Nicaragua19994,500
Somalia1991, 2023430
Sudan1997, 20223,700
South Sudan2011, 2023370
Syria2012, 20237,500
Ukraine202260,000
Venezuela2021472,000
Yemen20151,600

13 TPS Countries will expire in 2025

TPS for 13 of these countries will expire in 2025, Haiti, Somalia and Yemen’s will expire in 2026 unless extended.

DED: Also At Risk of Losing Protection

TPS is often compared to Deferred Enforced Departure (DED):

  • TPS: Authority comes from legislation.
  • DED: Based on the president’s foreign policy discretion.

Like TPS, those temporarily protected from deportation and granted temporary work authorization under the Deferred Enforced Departure (DED) program are also at risk of being cut or eliminated by Trump.

What is DED?

Like TPS, DED offers temporary protection from removal for individuals who meet specific eligibility criteria established by presidential directives. It does not grant lawful immigration status:

  • Those covered by DED cannot be deported during the designated period.
  • They may qualify for employment and travel authorization based on the terms of the directive.

Trump used DED to protect 145,000 Venezuelans for 18 months towards the end of his presidency

Eligibility for DED

Each directive outlines the eligibility criteria which may include:

  • Nationality of designated country
  • Residency in the United States before a specified date.
  • Continuous presence in the United States during the covered period.

Exceptions

Individuals may be excluded from DED protections for:

  • Criminal activity
  • Security risks

The Numbers

The population of DED Holders is much smaller than that of TPS:

  • Liberians: 3,600
  • Palestinians: 6,000
  • Lebanon: 11,000
  • Hong Kong: 2,800

Palestine and Hong Kong DED Will Expire in 2025.

Palestine and Hong Kong will expire in 2025. Liberia and Lebanon will expire in 2026.

Summary of Current DED Coverage

CountryEffective DateDED Valid ThroughEAD Extended Through
LebanonJuly 26, 2024January 25, 2026N/A
LiberiaOctober 1, 2007June 30, 2026June 30, 2026
Hong KongAugust 5, 2021February 5, 2025February 5, 2025
PalestineFebruary 14, 2024August 13, 2025August 13, 2025

Trump’s Immigration Target:  TPS

What Trump Recently Said:

  • Trump has said he will terminate TPS, calling it a program that should be ended. Trump has promised to stop “mass grants” of TPS and terminate existing protections, has said explicitly that Haitians and Venezuelans under TPS will be deported
  • In an interview with News Nation about Springfield, Ohio where thousands of Haitians live, Trump reiterated his promise to end TPS for Haitian migrants saying:
    • “Absolutely, I’d revoke it and bring them back to their country.”

Controversy Surrounding Springfield:  Misinformation Campaign

  • Trump’s campaign rhetoric on Haitian migrants in Springfield has been widely panned for spreading lies.
  • During a debate with Vice President Kamala Harris, Trump claimed Haitian migrants were:
    • “eating their neighbor’s pets” a completely false and incendiary statement that led to bomb threats against local schools.
    • He said the migrants are:
      • “not here legally” and must be removed.
  • Trump spread unfounded and disputed claims, such as Venezuelan gangs taking over neighborhoods in Aurora, Colorado and TPS holders eating pets—statements that spread fear and misinformation.
    • He said:
      • the Haitian migrants in Springfield “don’t work” and “you have to remove the people; we can’t destroy our country.”

Springfield Impact:

  • About 15,000 Haitian migrants have resettled in Springfield in recent years according to the Associated Press. The community has grown and diversified as a result.

Unanswered Questions:

  • When asked how he would handle Haiti’s refusal to take back deportees, Trump said:
    • “They will. If I bring them back, they’ll receive them.”

JD Vance Support:

  • Vice President-elect JD Vance echoed this, saying TPS is overused and no longer temporary and we need a stricter approach to TPS and humanitarian parole. At an Arizona rally he railed against:
    • “mass grants of Temporary Protected Status”
  • Vance amplified these lies on social media and continues to defend the rhetoric saying:
    • “I’m going to keep talking about what the migrants have done to Springfield, Ohio.”

Local and National Pushback:

  • Vice President Kamala Harris asked Trump to stop, saying:
    • “Regardless of someone’s background, their race or geographic location, people are troubled by what’s happening in Springfield, Ohio and it’s got to stop.”
  • Critics say Trump’s focus on Springfield is divisive and takes attention away from the bigger problems in the immigration system.

What Trump Recently Said:

During his first term, former President Donald Trump ended TPS for Haiti, El Salvador, Nicaragua, and Sudan, covering over 300,000 people, citing improved conditions in their home countries.

His administration said conditions in countries like Haiti had improved enough to end the designations—despite the crises.

Legal battles ensued and terminations were delayed. The Ninth Circuit upheld some rescissions and others were extended by the Biden administration.

Project 2025:

The Heritage Foundation’s Project 2025” which has ties to Trump team leaders outlines a plan to end TPS, calling it a program that encourages illegal immigration.

The plan calls for a big rollback of TPS designations. It wants Congress to repeal existing TPS designations so people from countries like Afghanistan, El Salvador, Haiti and Venezuela have to go home no matter what’s happening back home.

And Project 2025 also wants to limit the discretion of the Department of Homeland Security on programs like TPS to stick to statutory limits and reduce the availability of these humanitarian protections.

What Could Change Under Trump in 2025:

Broader Hardline Policies:

Ending TPS is part of a bigger immigration crackdown:

  • Mass deportations of undocumented individuals (11 million people in the U.S.).
  • Building massive detention centers to hold deportees
  • Ending DACA and humanitarian parole.
  • Ending birthright citizenship.
  • Restarting the U.S.-Mexico border wall.

Key Appointments:

  • Stephen Miller: A hardline immigration advisor who was behind family separations during Trump’s first term, now deputy chief of staff for policy.
  • Tom Homan: Former head of Immigration and Customs Enforcement (ICE) who led the family separation policy, now “border czar”

Targeting Non-Criminals:

  • Despite claims to focus on “criminal aliens” analysts say logistical realities will force enforcement agencies to target the easiest to find which will be long term residents with no criminal records.

TPS Is Targeted

The second Trump term will focus on terminating newer TPS designations and not renewing older ones that will expire in 2025.

Legal Pathways to TPS Termination:

  • DHS can let TPS designations expire or not renew them.
  • If confirmed Trump’s pick for DHS Secretary Governor Kristi Noem will lead the charge to terminate TPS designations.
  • Revoking a designation before its expiration is unprecedented and legally complicated. Federal regulations require 60 days notice and proof that conditions in the home country have improved.

The Devastating Effects of Ending TPS

1. Humanitarian Impact

  • Loss of Protections: Without TPS recipients would lose legal work authorization and be deported to countries still in crisis.
    • Many TPS beneficiaries have lived in the U.S. for decades, have families and contribute to society.
    • Deporting individuals to dangerous conditions is against U.S. values and international law.
    • Deporting migrants to unstable, violent countries could be deadly.
    • Example: Haiti is experiencing gang violence, civil unrest and extreme poverty. Forcing deportees into such conditions may be a violation of human rights.
  • Family Separation: Deportation would uproot lives and separate families. Over 2/3 of TPS holders have U.S. citizen children, creating the potential for widespread family disruption. Families, including over 300,000 U.S.-born children of TPS holders would be separated.

2. Economic Consequences of TPS Cancellation:

Terminating TPS protections, revoking work permits and deporting millions of long term workers would devastate the U.S. economy as follows:

Labor Shortages

  • Industry Disruption/Labor Shortages: TPS holders work in industries such as agriculture, construction, caregiving and hospitality. Removing them would exacerbate workforce shortages. Studies show that without immigrants and their children U.S. labor force growth would have been zero over the past five years.
  • Labor Force Participation: Over 90% of TPS holders are working, much higher than national averages.
  • Employers Unprepared. While Trump’s efforts to end TPS have raised employer awareness, many industries are not ready for the loss of this workforce.
  • Employer Costs: Deporting TPS holders would cost employers $1 billion in turnover and re-hiring costs.

Essential Workforce:

  • 130,000 TPS holders are critical infrastructure workers, supporting economic recovery during crises like the COVID-19 pandemic

Reduced Consumer Spending

  • Spending Power: After taxes TPS households had $8 billion to spend on housing, retail, healthcare and more.

Decline in GDP

  • TPS holders contribute $4.5 billion annually from workers in healthcare, construction and food services.
  • Over 10 years their removal would be $45 billion in lost GDP
  • Mass deportations would reduce GDP by 4.2% to 6.8% according to the American Immigration Council.

Job Loss for Americans:

  • Job Losses: For every 1 million unauthorized immigrant workers deported 88,000 U.S. born workers would lose their jobs, according to the Peterson Institute for International Economics.

Decline in Social Security and Medicare

  • Contributions to social security and medicare would decrease by $6.9 billion over the next 10 years

Additional Costs to Government

  • Increased Enforcement CostsEnding TPS will require significant government spending on enforcement including:
    • Arrests, detentions and deportation.
    • Operating detention centers where deportees may be held for extended periods due to logistical challenges.
    • Deportation logistics.
    • Deporting TPS holders from El Salvador, Honduras and Haiti would cost taxpayers $3 billion in deportation costs

Growth of the Undocumented Population

  • Stripping TPS protections would add to the 11 million already undocumented in the U.S.
  • Counterproductive Outcome: Migrants without TPS are less likely to leave the U.S. and will add to the undocumented population and strain enforcement resources.
  • Remittances sent by TPS holders to their home countries ease economic pressures that drive migration.

Harming Community

  • TPS holders support schools, churches and civic organizations, are part of U.S. communities.

Destabilizing Countries of Origin:

  • TPS recipients send remittances home, lifelines to struggling families and economies.
  • Deporting thousands to unstable countries will worsen humanitarian crises and increase migration pressure on U.S. borders.

For Immigration Policy:

  • TPS is one of the only tools we have to manage humanitarian crises without comprehensive immigration reform.
  • The uncertainty of TPS highlights the need for long term solutions to temporary status.

Elena’s Request:

  • Elena, a Nicaraguan who has lived in the U.S. for 25 years, wants a new TPS designation before Biden leaves office:
    • “Not in January. Not in December. Now.”

Challenges to Ending TPS and Deporting 1.6 Million

Legal and Logistical Challenges

Can Trump End TPS?

Federal regulations allow TPS designations to expire or be renewed but revoking them before expiration is legally complicated and unprecedented.

Legal Hurdles:

  • Past Court Interventions: Trump’s previous attempts to end TPS for Haiti, Sudan and El Salvador were blocked by courts. Attorney Ahilan T. Arulanantham who challenged those efforts expects more legal battles under Trump.
  • Legal challenges will delay or block any sudden termination of the program.
  • Previous attempts to end TPS for countries like Haiti, Sudan and El Salvador were blocked by courts, citing discriminatory motives and lack of justification.
  • Protections can’t be taken away arbitrarily. DHS must show conditions in a country no longer meet TPS criteria. Critics argue in many cases like Haiti conditions have gotten worse not better.
  • Future lawsuits will delay or stop Trump’s plans.

Logistical Challenges:

  • Deporting 1.6 million TPS holders will require significant resources, coordination with home countries and diplomatic agreements.
  • Many of the affected have lived in the U.S. for decades, and will have due process rights to seek protection under asylum or cancellation of removal, or other protections available in immigration court, making deportations harder.
  • Countries like Venezuela and Afghanistan may not accept deportees complicating removal efforts.
  • Deporting 1 million people is a huge undertaking that involves:
    • Negotiating with home countries to accept deportees.
    • Coordinating transportation and reintegration plans for migrants returning to dangerous environments.
    • Deportees will languish in detention for months due to bureaucratic and diplomatic delays.
    • Many countries like Syria and Venezuela don’t have the infrastructure to absorb returnees.

Political Opposition:

  • Advocates and organizations are mobilizing to protect vulnerable populations and push for comprehensive immigration reform.
  • Immigration advocates say sudden termination will violate recipients’ due process and civil rights

What Can TPS Holders Do to Protect Themselves?

Losing TPS status can be scary and confusing but there are options for those who want to stay in the U.S. legally. Here’s a step by step guide to help you understand your options

1. Keep or Use an Existing Legal Status

If you have another legal status besides TPS you can stay in the U.S. as long as that status is valid or case is pending. TPS does not cancel or replace any other legal status you may have.

Examples of Dual or Pending Status:

  • Pending Asylum Applicants: If you applied for asylum before or after TPS you can stay in the U.S. until your asylum application is decided. But if your asylum application is denied after TPS ends you could be deported.
  • F-1 Student Visa Holders: If you have an F-1 visa and have been in compliance with its terms you can continue studying after TPS ends. But working under TPS work authorization without following F-1 employment rules will invalidate your student visa.

What to Do:

  • Review Your Status: Check the validity and terms of your other legal status.
  • Consult a Professional: Talk to an immigration attorney to make sure you’re in compliance with all conditions.

2. Apply for Asylum if You Fear Going Back to Your Country

Asylum is protection given to individuals who face persecution based on race, religion, nationality, political opinion or membership in a particular social group.

Asylum Key Points:

  • Legal Protection: Filing for asylum allows you to stay in the U.S. while your case is processed.
  • Work Authorization: After 1 year without a decision on your case you can apply for a work permit.
  • Pathway to Permanent Residency: If you’re granted asylum you can apply for a green card after 1 year.

Important Notes:

  • 1 Year Deadline: Asylum applications must be filed within 1 year of entering the U.S. or reasonable time after TPS ends.
  • Eligibility: If you were in the U.S. more than 1 year before getting TPS your asylum eligibility may be limited.

How to Apply:

  • Fill out Form I-589 and file with U.S. Citizenship and Immigration Services (USCIS).
  • Gather evidence to support your claim, including documents of the threats or harm you face in your country.
  • Consult an immigration attorney to help you through the asylum process.

Green Card Through Asylum

Eligibility:

  • If you are granted asylum, you can apply for green card after one year.
  • File Form I-485 to adjust status.
  • Provide proof of asylee status and meet admissibility requirement

3. Change to a Nonimmigrant Visa

Many nonimmigrant visa categories are available for those who qualify, such as studying or working in the U.S.

Common Nonimmigrant Visas:

  • F-1 Visa: For students enrolled in a U.S. accredited educational institution.
  • H-1B Visa: For professionals sponsored by a U.S. employer.
  • O VisaFor individuals with extraordinary ability in fields like science, art or business.

Challenges for TPS Holders:

  • Admission” Requirement: USCIS does not consider TPS as a legal admission to the U.S. which is often required to change status in the U.S.
  • Employer Sponsorship: Many work visas require a job offer and employer petition.

Options if Ineligible for In-Country Change:

  • You can leave the U.S., apply for a nonimmigrant visa at a U.S. consulate abroad and come back. But leaving carries risks so consult an attorney before doing so.

4. Permanent Residency (Green Card) Through Family

If you qualify you can apply for a green card through various ways including family sponsorship or employment.

Family-Based Sponsorship

If you have close family ties to a U.S. citizen or lawful permanent resident you may qualify for a green card through family-based immigration.

  • Family-Based Sponsorship
    • Immediate Relatives: Spouses, parents or unmarried children under 21 of US citizens can adjust status without INA § 245(c) bars.
    • Extended Family: Other family-based petitions (e.g. siblings, children over 21) require visa availability and lawful status.
    • Entry: Those who entered the US without inspection may have barriers unless they qualify for travel and re-entry procedures.
  • Apply:
    • The U.S. citizen relative files Form I-130 (Petition for Alien Relative) on your behalf.
    • After approved, adjust status if eligible or apply for an immigrant visa abroad.
  • Considerations:
    • If you entered the U.S. without inspection you may need to leave the country and apply for a waiver to reenter.

Marriage to a U.S. Citizen

Marriage to a U.S. citizen is one of the fastest ways to get a green card.

Key Points:

  • USCIS will require proof of a real marriage. Examples are joint bank accounts, lease agreements and photos together.
  • Those guilty of entering a fake marriages to obtain an immigration benefit have committed a felony, those cases will be denied, and all involved may face 5 years in jail and/or $250,000 in fines.
  • Key Benefits:
    • No visa backlog for immediate relatives of U.S. citizens.
    • Adjusting status in the U.S. can make the process easier if eligible.

If Your Spouse Is a Green Card Holder

  • The process involves:
    • Filing Form I-130 and waiting for visa availability.Once a visa number is available, you can file Form I-485 if your TPS is still valid.
    • Consular Processing: If your TPS expires before a visa is available, you may need to apply for green card at a US embassy or consulate.

Supporting Documents for Marriage-Based Adjustment of Status

  • Marriage-Based Applications (Form I-130 & I-485)
  • Proof of your spouse’s US citizenship or green card (e.g. passport, birth certificate).
  • Marriage certificate.
  • Proof of a real marriage, such as:
    • Joint financial documents (e.g. bank accounts, tax returns).
    • Photos together.

5. Permanent Residency (Green Card) Through Employment

Employment-Based Sponsorship

Employers can sponsor TPS recipients for visas and green card if they qualify.

  • US employers can sponsor TPS holders for certain employment-based green cards
    • Skilled Workers and Professionals: Under employment-based preference categories (e.g. EB-1, EB-2, EB-3).
    • Unskilled Workers: For jobs that don’t require specialized training

Eligibility

You must:

  • Have a US employer willing to sponsor you for a green card.
  • File Form I-140 (Immigrant Petition for Alien Worker).
  • Wait for visa availability to file Form I-485.

Key Steps

  • Employer files a labor certification with the Department of Labor.
  • Employer files Form I-140 (Immigrant Petition for Alien Worker) along with:
    • Labor certification from the Department of Labor.
    • Proof of your qualifications for the job.
    • Evidence of the employer’s ability to pay the offered wage.
  • Once approved and your visa number is current, file Form I-485 to adjust status in the U.S., or apply for an immigrant visa abroad.

Supporting Documents

  • Employment verification letter.
  • Educational credentials or certifications.
  • Department of Labor-approved labor certification (if required).
  • Proof of employer’s ability to pay your wages.

Challenges:

  • Sponsorship is employer-driven and jobs must meet eligibility criteria.
  • Can take years depending on visa availability.
  • Requires proof of lawful admission or parole.
  • TPS holders who entered without inspection must resolve this issue through advance parole travel or consular processing.
  • No more than 6 months of unlawful status since last entry and prior to filing I-485.

6. Special Victim-Based Visas

If you are a victim of certain crimes or trafficking you may be eligible for:

  • U Visa: For victims of crimes who cooperate with law enforcement (can lead to green card)
  • T Visa: For victims of human trafficking (can lead to green card)
  • VAWA:  If you are or were married to a US citizen or Permanent Resident and you suffered spousal abuse (physical or mental) you may be eligible for a VAWA green card.

7. Defend in Immigration Court

If your TPS ends and you have no status the government may start deportation proceedings. In that case you can defend yourself in front of an immigration judge.

Common Defenses:

  1. Asylum or Withholding of Removal: Protection based on fear of persecution or torture in your home country.
  2. Cancellation of Removal:
    • Available if you have lived in the U.S. for at least 10 years and can prove that deportation would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident family member.
  3. Deferred Action: Ask the judge for temporary protection due to extraordinary circumstances.

Risks:

  • Cancellation of removal is risky as it’s hard to convince a judge of the required hardship. Similarly asylum is risky as it is difficult to persuade most judges that an invididual is likely to face persecution if returned to the home country.

8. Check for U.S. Citizenship or Eligibility for Naturalization

You might already be a U.S. citizen or have a path to citizenship and not even know it.

Check for Citizenship Through Family:

  • If one of your parents or grandparents was a U.S. citizen you may have derived or acquired citizenship.
  • If born abroad to U.S. citizens you may be a citizen.

Military Service:

  • Individuals who served in the U.S. military may be eligible for expedited naturalization.

9. Plan for the Worst Case

If no other options are available you may also choose to leave the U.S. voluntarily. This is usually a last resort and should only be done with an experienced immigration attorney who can advise you if you may be able to file future immigration applications to seek re-entry.

Take Action Now

TPS expiration options are complicated and every case is different. Professional legal advice is key to understanding your options and avoiding mistakes.

If you have TPS, you should:

  • Consult an Immigration Attorney: An attorney can review your individual situation and help you find the best way to legal status.
    • You need expert help to navigate the legal maze and figure out the best adjustment of status path.
    • Review your eligibility for family, employment or asylum-based green cards.
    • Review your case for risks or complications.
    • Create a plan to win the green card process
  • Keep TPS Current: Keep TPS active until your green card is approved.
  • Apply for Advance Parole
    • Authorized travel and reentry can create an opportunity for AOS.
    • Don’t travel outside the US during the green card process unless you have Advance Parole.
  • Get Family-Based or Employment Sponsorship
    • Strengthen your case by getting sponsorship from qualifying family members or employers.
  • Talk to Your Employer:
    • Make sure your employer understands the I-140 process and requirements
  • Document All Changes
    • Keep records of TPS approvals, travel authorizations and visa petitions to make future applications easier.
  • Gather Documents: Make sure you have all the evidence to support your application. Make sure all documents are accurate and complete so you don’t get delays or denials. Collect evidence such as birth certificates, marriage records and employment letters to support your case.
  • File Fast: Start the application process for any other status well before TPS ends to avoid disruption to your life. File as soon as you can to secure your path to permanent residency.
  • Use non-profit immigration organizations.
  • Stay informed on the latest TPS updates.

Are TPS Recipients Eligible to Adjust Status?

Immigration pathways can be tricky, especially for TPS recipients looking to move to lawful permanent resident (LPR) status. This guide breaks down the legal landscape, federal policies, court decisions and potential legislation affecting TPS holders.

Eligibility to Adjust Status from TPS to Green Card

You may qualify if:

  • You become an immediate family member of a US citizen or green card holder, such as marrying a US citizen or being sponsored by a close relative.
  • You get an employment-based green card through a US employer who will sponsor you.
  • You are eligible for a green card through asylum after being granted asylee status.

Why Green Card?

Green card allows you to:

  • Live and work in the US permanently.
  • Have a stable future without the uncertainty of TPS reviews or expiration.
  • Apply for US citizenship after several years as a permanent resident.

Why Adjustment of Status Is Better than Embassy/Consular Processing

Adjustment of status (AOS) allows TPS holders to apply for green cards from within the US, avoiding the risks of consular processing such as:

  • Travel delays.
  • Inadmissibility due to prior unlawful presence.
  • Access to US courts is limited.

But you can’t adjust status if you were never lawfully admitted into the US at any point, including initial entry or most recent re-entry.

Consular Processing Challenges

If you have to leave the US for consular processing, you may face:

  • 3-year or 10-year bars for prior unlawful presence.
    • 180 days to 1 year of unlawful presence = 3-year bar.
    • Over 1 year of unlawful presence = 10-year bar.
    • Waivers for these bars are hard to get.

Adjustment of Status (AOS): How It Works

In discussing adjustment of status, it is first important to udnerstand what TPS provides and what it does not.

Rights of TPS Recipients

  • No Direct Path to Citizenship: TPS does not lead to permanent residency or citizenship. TPS holders can pursue separate pathways to permanetn residency, for example through family or work or asylum petitions.
  • Lawful Nonimmigrant Status: TPS holders are in lawful status for the duration of TPS.
  • Work Authorization: They can work in the US.
  • Travel Authorization: With advance parole, TPS holders can travel abroad and return.

Adjustment of Status (AOS) allows individuals physically present in the US to get a green card without traveling abroad. Here’s how it works:

Eligibility Criteria for AOS

  1. Approved Immigrant Visa Petition: The applicant must have a family or employment-based immigrant visa petition approved by US Citizenship and Immigration Services (USCIS).
  2. Enter the US With Inspection: Under INA § 245(a), the applicant must have entered the US after being inspected and admitted or paroled by immigration authorities.
  3. Maintain Lawful Status. At the time of filing for adjustment of status (I-485), the applicant must be in lawful status, except for those who are the spouse of a US citizen, the parent of a US citizen, or the child under 21 of a US citizen. Also for employment based green cards, there is an exception that unlawful status of less than six months since last entry date, and prior to filing the I-485, is permissible.
  4. Admissibility: The applicant must be admissible to the US under immigration laws

Restrictions Under INA § 245(c)

  • Those who entered unlawfully or failed to maintain lawful immigration status are not eligible to adjust status unless they qualify for an exemption, such as being an immediate relative (spouse, parent or unmarried child under 21) of a US citizen.

Key Legal Developments: TPS and Adjustment of Status

Supreme Court Ruling: Sanchez v. Mayorkas (2021)

The Supreme Court held:

  • TPS does not count as “admission” under INA § 245(a).
  • TPS holders who entered the US unlawfully cannot adjust status based solely on their TPS designation.
  • “Admission” means entering the US after being inspected by an immigration officer.

Federal Policy Shifts: USCIS Guidance

In 2022 USCIS reversed its Matter of Z-R-Z-C- decision. Under the new guidance:

  • TPS recipients who travel abroad with advance parole (using Form I-512T) are considered “inspected and admitted” upon reentry.
  • Returning TPS holders are eligible for AOS if they meet all other requirements.

Impact of Policy Change

This policy opens up more opportunities for TPS holders to adjust status but they still must meet other statutory requirements, such as family or employment-based eligibility.

Advance Parole and Reentry

TPS holders can apply for advance parole to travel abroad and reenter. Upon reentry, they are considered “inspected and admitted” and meet the INA § 245(a) requirement for adjustment of status.

Risks: Traveling with advance parole should be planned carefully with legal advice to avoid issues upon reentry

Consular Processing Challenges

If not eligible for adjustment of status, you may need to leave the US for visa processing. But departure may trigger re-entry ban and complicates the process. Consult an immigration lawyer.

Special Considerations for TPS Holders

If You Entered Without Inspection (EWI)

  • Generally, individuals who entered the US without inspection cannot adjust status.
  • Exceptions for Travel Authorization With TPS
  • TPS holders can apply for Form I-131 (Advance Parole) to travel abroad.
  • Upon reentry, you may satisfy the lawful admission requirement for adjustment of status.

Unlawful Presence Before TPS

  • TPS does not erase unlawful presence accrued before its designation.
  • These must be addressed through waivers or exemptions.

Employment or Visa Violations

  • TPS holders who violated the terms of previous immigration statuses (e.g. by working without authorization) may have additional hurdles to adjust.

Can You Adjust Status if Your TPS Has Expired?

  • To remain in the US lawfully, keep your TPS status current.

If your TPS has expired, consider:

  • Apply for asylum if eligible.
  • Use other valid immigration statuses you held before TPS.
  • Nonimmigrant visas like student or work visas.
  • Get sponsorship from a family member or employer for adjustment of status.
  • Apply for naturalization if eligible.

What If TPS Adjustment of Status Won’t Work?

If you can’t adjust status through TPS, try:

  1. Apply for asylum and pursue an asylum-based green card.
  2. Leave the US, re-enter legally and reapply for TPS (only if safe and less than 180 days of unlawful presence).
  3. Consular processing in your home country for an immigrant visa.
  4. Request USCIS review of denied applications or apply for waivers of inadmissibility.
  5. Request relief from deportation during removal proceedings, such as cancellation of removal, if you can show exceptional hardship to family members.

Key Considerations

  • Inadmissibility Risks: If you spent a lot of time in the US unlawfully, consult an immigration attorney to understand your risks and options.
  • Timelines and Fees: Adjusting status in the US avoids the delays of international travel and consular processing.
  • Legal Support: Immigration law is complicated; get professional help to handle your case.

Key Changes: TPS Travel Permit (Form I-512T)

What is the TPS Travel Permit?

The TPS Travel Permit (Form I-512T) allows TPS holders to travel and reenter the US legally. As of July 1, 2022 USCIS updated the policy, TPS holders who reenter the US with this travel permit will now be considered “inspected and admitted”. This is huge because now TPS holders can apply for a green card if they have a qualifying family, marriage or employment-based petition.

Who?

  • TPS holders who entered the US without inspection can now reenter and meet the green card eligibility.
  • TPS holders with a qualifying family or employment-based sponsor can use this path.

Eligibility for Green Card Through TPS

How TPS Holders Qualify for Residency

To apply for a green card, TPS holders need:

  1. A Qualifying Sponsor:
    • A US citizen spouse, parent, child (over 21) or sibling can sponsor a family-based green card.
    • A US employer can sponsor an employment-based green card.
  2. Lawful Entry:
    • The TPS travel permit now provides lawful entry status when you reenter the US.

Steps for Family and Employment Sponsorship

  • Family-Based Sponsorship:
    • Your sponsor files Form I-130 (Petition for Alien Relative).
    • After approval you file Form I-485 (Adjustment of Status) if you qualify.
  • Employment-Based Sponsorship:
    • Your employer files Form I-140 (Immigrant Petition for Alien Worker).
    • Once the petition is approved and a visa number is available you can file Form I-485.

Steps to Apply for Residency With TPS

1. File for a Travel Permit (Form I-512T)

  • File Form I-131 to request travel authorization.
  • Once approved receive your TPS Travel Permit (Form I-512T).
  • Use this permit to reenter the US legally which will be considered “inspected and admitted” for green card eligibility.

2. File Green Card Petition

  • Make sure you have a qualifying sponsor (family or employer).
  • Submit the appropriate petition (Form I-130 or I-140)

3. File Adjustment of Status (Form I-485)

  • Once your petition is approved file Form I-485 to adjust your status to permanent residency.
  • Submit all supporting documents.

4. Biometrics and Interview

  • USCIS will schedule a biometrics appointment and possibly an interview to verify your eligibility.
  • Bring evidence of your eligibility and lawful reentry to the interview.

Special Considerations for TPS Holders

Travel Risks With the TPS Permit

  • Most TPS holders travel safely with the permit but your immigration history and any prior criminal or deportation issues may create problems.
  • Always consult with an attorney before traveling.

Prior Deportation or Removal Orders

  • If you have a prior deportation order you may need to process your green card application at a US consulate in your home country.
  • Use the TPS travel permit to minimize the time you spend abroad during the application process.

3- or 10-Year Bars

  • Some TPS holders may have inadmissibility issues such as the 3- or 10-year bars for unlawful presence.
  • These bars may require a waiver:
  • Form I-212 (Application for Permission to Reapply for Admission After Deportation).
  • Form I-601 (Application for Waiver of Grounds of Inadmissibility).

More on USCIS Memo on TPS Holders’ Adjustment of Status

USCIS released a memo on July 1, 2022 titled “Rescission of Matter of Z-R-Z-C as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries.” This memo is a big change, TPS holders can now adjust status to permanent residency (green card).

By interpreting authorized travel by TPS holders as “inspected and admitted” the memo provides a clearer path for TPS beneficiaries to get green cards. It also creates a new travel authorization process for TPS holders.

Traveling Under TPS

TPS holders can apply for travel authorization, previously advanced parole. This allows them to leave and reenter the US for various reasons such as family emergencies or work.

Impact on Adjustment of Status Eligibility

Before the July 1 memo the issue of whether TPS holders returning under advanced parole met the “inspected and admitted” requirement for green card eligibility was a big question.

  • Supreme Court ruling in Sanchez v. Mayorkas (2020): TPS status alone does not meet the “inspected and admitted” requirement for adjustment of status.
  • August 2020 Policy Shift (Matter of Z-R-Z-C): TPS holders returning under advanced parole were not considered “inspected and admitted” and were blocked from adjusting status.

March 2022 Duarte v. Mayorkas: The 5th Circuit ruled TPS holders should not use advanced parole for reentry but can travel.

What’s the July 1 Memo?

  1. Adjustment of Status Eligibility
    • TPS holders returning to the US after authorized travel are now “inspected and admitted” for green card purposes.
    • This helps TPS holders who initially entered the US without inspection and wouldn’t otherwise meet eligibility.
  2. New Travel Authorization Process
    • A new form I-512T (Authorization for Travel by a Noncitizen to the United States) replaces advanced parole for TPS holders.
    • So TPS holders can reenter under a process designed for them.
  3. Policy Scope
    • The policy applies to TPS holders who:
      • Get travel authorization from USCIS.
      • Have valid TPS during travel.
      • Are inspected upon reentry at a US port of entry.
      • Reenter under TPS-based travel authorization.
      • For those who traveled before the memo, USCIS will apply this policy on a case by case basis.

Why You Need Legal Help

The Role of Immigration Attorneys

Adjusting green card status as a TPS holder can be tricky especially if you have:

  • A prior deportation or removal order.
  • Criminal history or other inadmissibility issues.
  • Concerns about reentry using the TPS travel permit.

Immigration attorneys can help you:

  • Determine the best path to permanent residency.
  • Fix any legal or procedural hurdles.
  • Increase your chances of getting a green card.

Get Started

If you are a TPS holder and want to transition to permanent residency, do:

  1. Talk to an Immigration Attorney: Get a customized plan for your case.
  2. Apply for TPS Travel Permit: Get reentry eligibility.
  3. Start the Green Card Process: Work with a qualified sponsor to file the forms.

How to Apply for Temporary Protected Status (TPS)

The TPS application process is complex and requires attention to detail. Here’s a breakdown:

Gather Documents

You will need to provide:

  • Proof of Nationality: Passport, birth certificate or other official documents.
  • Proof of Entry: I-94 Arrival/Departure record or other documents showing U.S. entry.
  • Proof of Residence: Utility bills, employment records, school records or other evidence.
  • Fill out Form I-821, Application for Temporary Protected Status.
  • If seeking EAD, file Form I-765, Request for Employment Authorization.
  • Translations for any documents not in English.

Submit Required Forms

  • Form I-821: Application for Temporary Protected Status.
  • Form I-765: Request for Employment Authorization (optional).
  • Form I-131: Application for Travel Document (if seeking travel authorization).

Pay Fees

You must pay the fees or file Form I-912 Fee Waiver Request if you cannot afford them.

Application Costs and Fee Waivers

  • Form I-821 (TPS Application): $50 (free for re-registration)
  • Form I-765 (Work Permit): $520 (free for under 14 or 65 and above).

Fee Waivers

If you cannot afford the fees you can:

  • Fill out Form I-912 (Request for Fee Waiver).
  • Provide proof of financial hardship.
  • USCIS may require you to provide fingerprints, photos and signature for background check.

Respond to USCIS Notices:

  • If additional evidence is requested, respond quickly to avoid delays or denials.

Wait for Decision:

  • USCIS will notify you if approved or denied. Denied applicants can appeal or file a motion to reconsider.

Re-register for TPS

  • TPS must be re-registered during each re-registration period to maintain benefits.

Re-registration steps:

  1. File a new Form I-821 during the re-registration period.
  2. Provide updated evidence if required.
  3. Request a new EAD by filing Form I-765 if applicable.

Consequences of Late Filing:

  • Late re-registration may result in gaps in work authorization and TPS status
  • Late re-registration may result in loss of TPS benefits.

Current Countries for TPS

  • As of 2024:
    • Afghanistan, El Salvador, Ethiopia, Haiti, Honduras, Venezuela, Syria, Ukraine, Somalia, Yemen and more.
  • Recent Updates:
    • Lebanon designated in October 2024 for 18 months.
    • Haiti, Yemen and Somalia extensions are through 2026.

Challenges and Concerns

While TPS is a good program, it has its drawbacks and legal challenges:

  • Uncertainty: Re-evaluation every few years leaves beneficiaries in limbo.
  • Cost: High application and re-registration fees can be a burden.
  • No Permanence: TPS does not offer a clear path to permanent status or citizenship.

Work Authorization:

  • EADs may be extended through Federal Register notices or USCIS announcements.
  • Some TPS beneficiaries may get automatic EAD extensions during the registration period.
  • Expired EADs with USCIS receipt notice can be used as proof of work authorization under certain circumstances.

Travel Authorization:

  • TPS holders must apply for travel document before leaving the U.S. Failure to do so may result in loss of TPS or denied re-entry.

Late Filing for TPS

Late Re-registration:

  • If you miss the re-registration deadline, you can file late with a valid excuse. Late filing may result in gaps in work authorization.

Late Initial Filing:

  • Initial applications can be filed late if:
    • You had a pending asylum application during the original registration period.
    • You are a dependent of a TPS eligible individual.

Travel Requirements for TPS Holders

To travel outside the U.S. on TPS:

  • File Form I-131, Application for Travel Document.
  • Get approval before leaving the U.S.; unauthorized travel may result in loss of TPS.

Common Mistakes to Watch Out For

  1. Missing Deadlines: Register and re-register on time to avoid gaps in benefits.
  2. Incomplete Applications: Check forms for errors and omissions.
  3. Traveling Without Authorization: Always get travel approval to maintain TPS.

How to Avoid Scams

TPS applicants should beware of unauthorized practitioners. For legal advice:

  • Licensed immigration attorneys.
  • Accredited representatives recognized by the Department of Justice.

What to Do if Your TPS Application is Denied

If your TPS application is denied, you can:

  • Appeal: File an appeal to the USCIS Administrative Appeals Office (AAO).
  • Removal Proceedings: If you are in removal proceedings, you can request a review by the immigration judge.

Select the country link for additional specific country information.

More Information

Forms

Tools

Non-USCIS Links

TPS Expansion Under Biden, the “TPS President”

Since January 2021, President Biden has expanded Temporary Protected Status (TPS) to give time limited legal status to immigrants from countries in crisis. This allows individuals to live, work and not be deported in the US.

He’s been called the “TPS President” for this, and has brought stability to hundreds of thousands of families and relief to employers.

Biden’s TPS Policy

  • Coverage: Over 1.6 million from 17 countries are eligible for or have TPS.
  • New Designations: 6 countries—Afghanistan (2022), Cameroon (2022), Ethiopia (2022), Myanmar (2021), Ukraine (2022), Venezuela (2021) and Lebanon (2024)—have been added since 2021.
  • Renewals: Most countries have had their TPS extended so you remain eligible.
  • Permanent Solutions: President Biden is calling on Congress to pass laws so TPS recipients can apply for green cards and eventually citizenship.

Renewals

Long standing TPS for El Salvador, Honduras and Nicaragua—some dating back over 20 years—have been renewed so immigrants from these countries can stay protected.

Efforts to Create Permanent Pathways

On his first day in office, President Biden called for legislation to allow TPS holders to apply for green cards and U.S. citizenship, citing their contributions to society and their long time residence in the U.S.

New Designations or Extensions:

  • Since 2021, the Biden administration has made 18 new TPS designations or extensions for countries like:
    • Venezuela
    • Afghanistan

Biden’s Decision to Reversal of Trump’s Terminations

In June 2023 the Biden administration announced they would rescind the Trump administration’s termination of Temporary Protected Status (TPS) for over 300,000 individuals from El Salvador, Honduras, Nepal and Nicaragua. While this was a big win for TPS holders, it was not permanent and many are still in limbo. Here’s the breakdown of the announcement, what it means and the ongoing fight.

1. What Happened Under Trump?

Terminations of TPS:

  • 2017-2018: President Trump terminated TPS for 6 countries:
    • El Salvador
    • Haiti
    • Nicaragua
    • Sudan
    • Nepal
    • Honduras
    • These terminations were part of a broader effort to roll back humanitarian protections and were widely seen as discriminatory and political.

Legal Challenges:

  • TPS holders and their U.S. citizen children filed an unprecedented lawsuit, Ramos v. Mayorkas, to stop the terminations.
  • In 2018 the plaintiffs won a preliminary injunction and the terminations were halted and TPS holders could stay protected while the case continued.

2. The Biden Administration’s Actions

Reversing Trump’s Terminations:

  • DHS rescinded Trump’s TPS terminations for El Salvador, Honduras, Nepal and Nicaragua.
  • Extensions were given and over 300,000 TPS holders are temporarily protected.

What’s Missing:

  • No Permanent Solution: The rescission doesn’t provide a pathway to permanent residency so TPS holders are still in limbo.
  • Exclusions: Haiti and Sudan were redesignated for TPS earlier but not El Salvador, Honduras, Nepal or Nicaragua.

3. TPS Holders

A History of Uncertainty:

  • Most TPS holders affected by these terminations have been in the U.S. for 20+ years, raising families, working in essential industries and contributing to their communities.
  • For 5 years they lived with the threat of deportation due to legal battles and administrative delays.

Voices of TPS Holders:

  • Elsy Flores de Ayala: A TPS holder and organizer with the National TPS Alliance said: “When Trump terminated TPS for me and my family we mobilized and never looked back. We know this is the bare minimum we deserve. We will continue to fight to protect our families.”
  • Crista Ramos: The lead plaintiff in Ramos v. Mayorkas said: “Trump’s decisions would have separated my family. We’ve fought every step of the way to stay together and this fight doesn’t end today.”

4. Why This Fight Isn’t Over

Ongoing Advocacy:

  • While the Biden administration’s rescission is progress, TPS holders and advocates say more is needed.
  • Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA, said: “The Biden administration has given some protection but not permanent residency.”

The TPS Case in Court:  What We Learned

Ramos v. Mayorkas

On February 26, 2024, TPS holders and their U.S. citizen children won a 6 year long legal battle that protected over 400,000 people from losing humanitarian protections under the Trump administration. While the Ramos v. Mayorkas case was a big win TPS holders and advocates say the fight for permanent residency and broader immigration justice is far from over.

1. Trump’s TPS Termination

Background:

  • In 2017 and 2018 the Trump administration tried to terminate TPS for six countries:
    • El Salvador
    • Haiti
    • Honduras
    • Nepal
    • Nicaragua
    • Sudan
  • TPS holders along with their U.S. citizen children filed the lawsuits Ramos v. Mayorkas and Bhattarai v. Mayorkas to challenge these terminations, citing racial discrimination and illegal conduct.

Ramos et al v. Mayorkas

  • Filed: 2018, U.S. District Court, Northern District of California. Ramos v. Wolf
  • Plaintiffs: 9 TPS holders and their U.S. citizen children.
  • Claims:
    • DHS violated the Administrative Procedure Act (APA) by changing long standing practices without explanation.
    • DHS ignored new events in TPS-designated countries and only looked at original conditions.
    • Terminations were motivated by racial and national origin bias, violating equal protection.
  • District Court Ruling (2018):
    • Issued a preliminary injunction against terminations for Sudan, Nicaragua, Haiti and El Salvador.
    • Found evidence of discriminatory intent, citing Trump’s racist statements.
  • Ninth Circuit Appeal:
    • 2020 Panel Decision:
      • Reversed the injunction, holding 8 U.S.C. § 1254a(b)(5) bars judicial review of TPS substantive decisions.
      • Dismissed equal protection claims for lack of direct evidence of racial animus.
  • 2023 En Banc Review:
    • Reversed the 2020 panel decision and set rehearing for June 2023
    • Filed: March 12, 2018, in Northern California District Court.
  • Biden Administration’s Action (2023): The administration reversed Trump’s terminations and extended TPS for over 300,000 people and redesignated Haiti and Sudan.
  • Case Dismissed as Moot (December 2023): The federal court dismissed the Ramos case, saying the Biden administration would not reinstate the illegal terminations.For more information, access resources from the ACLU Southern California:

2. TPS Holders and Their Families

Stories:

  • Crista Ramos: Lead plaintiff and daughter of a TPS holder: “I was in 8th grade when this started. Now I’m in college and dedicating myself to immigrant rights. We fought for our families and against the obvious injustice.”
  • Jose Palma (National TPS Alliance): Salvadoran TPS holder : “We were told to pack our bags and leave but through unity and organizing we protected TPS. The fight continues for permanent residency”

Immigration Justice

Beyond TPS:

  • As plaintiff Sajjan Pandey (Nepal) said “Our fight has never been about TPS alone. It’s about immigration justice for all.”
  • Advocates are working to change the system to address the problems faced by millions of undocumented and temporarily protected immigrants in the US.

Power of Collective Action:

  • The Ramos case shows the value of grassroots organizing, legal advocacy and political pressure in advancing immigrant rights.

Takeaways:

  • Community Power: Many TPS holders noted how unity and organizing helped them through years of uncertainty and fear.
  • Focus on Permanent Solutions: While this is a big win, TPS holders said their ultimate goal is permanent residency for all.

3. Advocacy and Legal Action

Advocates’ Work:

  • A coalition of legal and advocacy organizations, including the ACLU Foundations of Northern and Southern California, Adhikaar and the National TPS Alliance, won legal protections.
  • Jessica Bansal (Unemployed Workers United): “This case prevented a huge injustice but the fight isn’t over. TPS holders deserve the permanent protections they have earned.”

Legal and Community Action:

  • The lawsuits and advocacy showed the power of grassroots organizing as TPS holders built political power and raised awareness about their contributions to US society.

Other Court Cases

In addition to Ramos, the U.S. Department of Homeland Security (DHS) has faced multiple legal challenges after terminating Temporary Protected Status (TPS) for several countries and Deferred Enforced Departure (DED) for Liberia.

These cases, brought by various organizations and individuals, argue the terminations are discriminatory, procedurally unfair or unconstitutional. This page summarizes the cases, the arguments and what it means for affected individuals.

Cases and Updates

  1. NAACP v. DHS
    • Filed: January 24, 2018 in Maryland District Court.
    • Issue: Claims the termination of TPS for Haiti is racially discriminatory and violates the Fifth Amendment’s Due Process Clause.
    • Arguments:
      • DHS did not properly assess conditions in Haiti, including housing, food security and public health after the 2010 earthquake.
      • Systemic bias against immigrants of color, particularly Haitians.
    • Current Status:
      • Survived government motion to dismiss in March 2019.
      • Plaintiffs are seeking an injunction to stop the termination of TPS for Haiti.
  2. Centro Presente v. Trump
    • Filed: February 22, 2018 in Massachusetts District Court.
    • Issue: Challenges TPS termination for El Salvador and Haiti as discriminatory under the Fifth Amendment’s Equal Protection and Due Process clauses.
    • Expanded Scope:
      • Honduran TPS holders were added to the case in May 2018.
    • Court Ruling:
      • The court denied the government’s motion to dismiss, saying the government didn’t provide enough evidence that the terminations weren’t discriminatory or arbitrary.
      • Case is on hold pending Ramos et al v. Nielsen.
  3. Saget v. Trump
    • Filed: March 15, 2018 in Eastern District of New York.
    • Issue: TPS termination for Haiti is procedurally unfair under the APA and INA.
    • Key Arguments:
      • The administration didn’t follow required notice-and-comment rulemaking.
      • Racial bias, citing President Trump’s comments.
    • Court Ruling:
      • Nationwide preliminary injunction issued in April 2019 to stop the termination of TPS for Haiti.
      • Case is on appeal in the Second Circuit.
  4. Casa De Maryland, Inc. v. Trump
    • Filed: March 23, 2018 in Maryland District Court.
    • Issue: Claims TPS termination for El Salvador is discriminatory and violates the INA, APA and constitutional rights.
    • Updates:
      • INA claim dismissed, other claims allowed to proceed.
  5. Bhattarai et al v. Nielsen
    • Filed: February 10, 2019 in Northern California District Court.
    • Issue: TPS termination for Honduras and Nepal is a departure from established practice, violating APA and constitutional protections.
    • Related to Ramos Case:
      • Preliminary injunction in Ramos stops terminations for Hondurans and Nepalis while the case is pending.
  6. African Communities Together v. Trump
    • Filed: March 8, 2019 in Massachusetts District Court.
    • Issue: Challenges DED termination for Liberia, claims constitutional violations.
    • Outcome:
      • The Trump administration extended DED for Liberians by one year in March 2019.
      • Case was dismissed in October 2019, court ruled DED terminations are discretionary and not reviewable.
  7. Moreno v. Nielsen
    • Filed: February 22, 2018 in New York.
    • Issue: DHS policy preventing TPS holders who entered without inspection from adjusting status under INA §245(a).
    • Relief Sought:
      • Declaration that the policy is invalid.
      • Injunction to allow TPS holders in certain areas to adjust status if eligible.
  8. Central American Resource Center v. Cuccinelli
    • Filed: August 26, 2020 in D.C.
    • Issue: Challenges a USCIS policy change that prevents TPS holders with prior removal orders from adjusting status after reentry with permission.
    • Claims:
      • Policy violates APA and constitutional due process.

Common Claims In Litigation

Equal Protection Violations:

  • Many cases claim terminations were discriminatory.
  • Comments from administration officials are often used as evidence.

APA Violations:

  • Terminations are sudden, not in accordance with established practice and not adequately explained.

Due Process Violations:

  • Policies force U.S. citizen children of TPS holders into impossible choices, violating their rights.

Procedural Failures:

  • No notice and comment as required by the APA.

Affected Individuals

  • Legal Limbo: Cases in progress leave TPS and DED holders in limbo, unable to work, travel or plan for the future.
  • Family Separation: U.S.-born children of TPS recipients are forced to make impossible choices because of their parents’ status.
  • Economic and Social Costs: TPS and DED termination would displace tens of thousands of workers, disrupt communities and strain public resources.

Litigation Implications

Immediate Impact on TPS Recipients

  • Injunctions: Stopped DHS from terminating TPS for key countries during the case.
  • Extension of Documents:
  • DHS extended TPS work permits and related documents

Outcomes

  1. If Terminations Are Allowed:
    • TPS recipients from affected countries would lose status and be deportable.
    • DHS has announced a 365-day grace period after final court decisions before enforcing terminations.
  2. If Terminations Are Reversed:
    • TPS for affected countries may remain in effect indefinitely or until DHS decides otherwise.

How TPS Holders Qualify for Residency

  • Cases like Ramos set important precedents on judicial review of immigration decisions and the balance of executive discretion under the INA.

Can Trump Make the Case That TPS Is No Longer Needed?

Case Study: Haiti Is Worse Off Today Than In 2010

Now that Trump has promised to end TPS for Haitians, it’s worth looking at the history of this program for Haitians and the country’s current situation.

How Haitians Got TPS:

  • 2010 Earthquake: After a massive earthquake, the Obama administration granted TPS to Haitians because the country couldn’t absorb returnees.
  • Ongoing Instability: Subsequent administrations extended TPS for Haitians due to political crises, human rights abuses, gang violence and natural disasters.
  • Current Status: In 2021, President Joe Biden re-designated Haiti for TPS which now runs until February 2026. Over 200,000 Haitians are currently protected under the program. In many ways, Haiti is more dangerous and worse off than in 2010.

How Haitians Got TPS:

  • 2010 Earthquake: After a massive earthquake, the Obama administration granted TPS to Haitians because the country couldn’t absorb returnees.
  • Ongoing Instability: Subsequent administrations extended TPS for Haitians due to political crises, human rights abuses, gang violence and natural disasters.
  • Current Status: In 2021, President Joe Biden re-designated Haiti for TPS which now runs until February 2026. Over 200,000 Haitians are currently protected under the program. In many ways, Haiti is more dangerous and worse off than in 2010.

Current Challenges in Haiti:

  • Political Crisis: The assassination of Haitian President Jovenel Moïse in 2021 made the situation worse.
  • Violence and Insecurity: Airports and commercial flights are under gunfire. Gang violence is widespread.
  • Economic Collapse: Haiti’s economy and infrastructure are fragile and one of the least prepared countries to receive deportees.

Current Protections:

  • Haitian TPS is until February 2026, a temporary reprieve for many migrants.
  • Humanitarian parole is for those who arrived after June 3, 2023 TPS eligibility cutoff, so they can stay in the U.S. temporarily.

Haitians in Springfield, Ohio:

  • Many Haitian migrants in Springfield came through the Biden administration’s parole program which requires participants to have vetted sponsors in the U.S.
  • Others have had TPS since before the Biden administration expanded eligibility in June 2024.
  • Springfield has 12,000-15,000 Haitian immigrants, most of whom are TPS or humanitarian parole. Many came because of Haiti’s political instability, gang violence and natural disasters.

Misinformation and Fallout:

  • Trump has repeatedly spread misinformation about Haitian migrants in Springfield including during a debate that they were “eating their neighbor’s pets.”
  • These lies have led to fear and violence:
  • From September 10 to September 20, Springfield had over 35 threats of violence including bomb threats to schools, supermarkets and hospitals.
  • Local colleges went to remote learning due to safety concerns.

Local Leaders Speak Out:

  • Springfield officials, including Mayor Rob Rue, have called the rumors false and harmful: “there is no factual evidence to support this.”
  • Ohio Governor Mike DeWine acknowledged the initial adjustment period for the influx of Haitian migrants but called them: “positive influences” in the community.

Local Leaders Speak Out:

  • Haitian immigrants are filling critical jobs in industries with labor shortages in Springfield.
  • The city estimates 12,000-15,000 immigrants (many of them Haitian) live in Clark County which has a population of 136,000.

Community:

  • Haitian migrants are not only workers but part of the community, part of the social and cultural fabric.

What Can Trump Do to These Programs?

Ending TPS:

  • Trump can refuse to renew TPS when it expires in February 2026 and leave recipients without protection. Advocacy groups are pushing for TPS for Nicaraguans fleeing oppression under President Daniel Ortega’s government.
  • While termination before the expiration date is legally complicated, his administration can try to end it early and create a legal mess.

Ending Humanitarian Parole:

  • Humanitarian parole is easier to cancel than TPS. Trump’s administration can cancel parole for Haitian migrants and leave thousands vulnerable to deportation if they don’t have other protections.

Limiting Future Designations:

  • Trump can refuse to redesignate TPS for Haitians who arrived after June 3, 2023 cutoff and block new arrivals from being eligible.

Legal and Logistical Challenges

Mass Deportations:

  • Trump has promised mass deportations but legal and logistical hurdles make immediate removals impossible.
  • Deportation cases have to go through immigration courts which are backlogged.
  • Each individual facing deportation is entitled to a hearing which delays removals.

Legal Battles:

  • Previous attempts to terminate Haitian TPS under Trump were blocked by federal courts:
    • In 2017, DHS tried to end TPS for Haiti, saying conditions had improved.
    • In 2019 a federal judge ruled the administration’s decision was political and blocked termination.

Advocacy and Resistance:

  • Organizations like Advocates for Basic Legal Equality (ABLE) will challenge civil rights violations and unlawful terminations of protections under a new Trump administration.
  • Support Networks:
    • Groups like Haitian Community Help and Support Center are building networks of immigration attorneys to help those facing legal challenges.
    • Advocates emphasize the importance of knowing constitutional protections and preparing for Trump changes.

The Biden Administration

What Biden Can Do Before He Leaves:

  • Extend TPS for Haiti: President Joe Biden can extend Haitian TPS before he leaves office but he must act now.
  • New Designations: Advocates are advocating for TPS to be expanded to other vulnerable groups like Nicaraguans fleeing political persecution.

What Can Be Done to Save TPS?

Biden Administration’s Last Moves:  Request New Designations

  • Extend and expand registration periods for countries like El Salvador and Honduras where conditions are not safe.
  • Advocates are demanding TPS for Nicaraguans where political repression under Daniel Ortega’s government has increased. Less than 3,000 Nicaraguans are covered by TPS granted after Hurricane Mitch in 1998 leaving many newer arrivals unprotected. There is an urgency for further TPS protections for Nicaraguans before President Joe Biden’s term potentially concludes.
  • Advocacy groups are asking for additional designations for Guatemala, Colombia, Mauritania and Mali before Biden leaves office.

Advocacy:

Groups like National TPS Alliance and CASA are pushing for continued protections and for Congress to pass legislation.

Advocacy has blocked previous attempts to end TPS and can help defend the program under a new Trump administration

  • Organizations and activists are mobilizing to demand:
    • Extensions for Current Countries: Continued protections for current TPS recipients.
    • Pathways to Citizenship: Advocating for permanent solutions like the Dream and Promise Act which would give TPS holders a path to legal residency and citizenship.
  • Educate the public and policymakers on the economic and social contributions of TPS recipients. Advocates say protecting migrants is both a moral obligation and an economic necessity for the US workforce.

Congressional Action:

  • Call to Action: Tell Congress to pass humane immigration reform for TPS holders.
  • Dream and Promise Act (2019): Passed by the House, this bill would give a pathway to citizenship to TPS, DED and DACA recipients.
  • U.S. Citizenship Act (S. 348): Comprehensive immigration reform with a pathway to citizenship for TPS holders.
  • Bipartisan Efforts: Previous Senate bills like the 2013 immigration reform bill also had long term solutions.

Why Now

  • Without legislation:
    • Most TPS holders might be deported when their country’s designation ends.
    • Families will be torn apart, with U.S. citizen children forced to choose between their parents and their home country.
    • Communities will lose essential workers and local economies will suffer.

Why TPS Holders Need A Permanent Solution

Temporary Protected Status (TPS) allows individuals from designated countries to live and work in the United States when their home country is going through extreme conditions. While TPS protects recipients from deportation it does not inherently provide a path to lawful permanent resident (LPR) status (green card). This detailed explanation explains the current legal framework, past legislation and current proposals to address this gap.

Key Legal Framework for Adjustment of Status

No Automatic Path to LPR Status:

  • TPS recipients are not eligible for LPR status but can apply through other avenues like family- or employment-based immigration if they meet certain requirements.

Eligibility for Adjustment of Status:

  • Under Section 245(a) of the INA a person must have been “inspected and admitted or paroled” into the U.S. to adjust to LPR status.

For many TPS holders especially those who entered the U.S. illegally this requirement is a major hurdle.

Supreme Court Ruling:

  • In June 2021 the U.S. Supreme Court ruled in Sanchez v. Mayorkasthat TPS status alone does not constitute “inspection and admission” under the INA. This decision limits the ability of some TPS holders to adjust status unless they entered the U.S. legally or were subsequently paroled.

Senate Supermajority Requirement:

  • Section 244(h) of the INA requires a supermajority (3/5) in the Senate for any bill that would give TPS holders LPR status. This procedural hurdle makes it harder to pass legislation.

Past Legislation for Adjustment of Status

In the past Congress has passed laws allowing certain TPS or Deferred Enforced Departure (DED) recipients to adjust to LPR status. Here are a few examples:

1. Chinese Nationals Post-Tiananmen Square (1992):

  • After the 1989 Tiananmen Square massacre Congress passed Public Law 102-404 allowing DED recipients to adjust to LPR status.

2. Nicaraguan Adjustment and Central American Relief Act (NACARA) (1997):

  • This law gave LPR status to:
    • Nicaraguans, Cubans, Guatemalans, Salvadorans and individuals from former Soviet bloc countries who had applied for asylum and lived in the U.S. for an extended period.
    • Many Salvadorans and Guatemalans under TPS benefited from this law.

3. Liberian Refugee Immigration Fairness (LRIF) (2019):

  • Part of the FY2020 National Defense Authorization Act this provision allowed Liberians who had been continuously present in the U.S. since November 20, 2014 and their families to apply for LPR status.
  • Signed into law by President Trump it’s a model for addressing TPS recipients’ status through targeted legislation.

The American Dream and Promise Act

  • Introduced: H.R. 6 (117th Congress, 2021) and H.R. 16 (118th Congress, 2023)
  • Key Provisions:
    • TPS recipients as of January 1, 2017 or DED recipients as of January 20, 2021 can apply for LPR status if they meet residency and eligibility requirements.
    • TPS recipients are considered “inspected and admitted” for adjustment of status.
    • Scope:
      • 14 countries.
  • Legislative Status:
    • Passed the House in 2021 but stalled in the Senate. A new version H.R. 16 is pending in the 118th Congress.

Legislation in the 118th Congress: TPS and DED

In the 118th Congress many bills were introduced on TPS and DED covering a range of proposals. Some aim to expand benefits for TPS and DED recipients and others to limit eligibility and use. Below is a list of these bills, including new designations, increased access to federal benefits and LPR status.

Here are a few recent ones:

1. TPS Designations

Several bills would extend TPS eligibility to nationals of countries in crisis. These bills would prevent deportation and allow individuals to live and work in the U.S. temporarily. Examples:

  • H.R. 2913, H.R. 7034, H.R. 7371, S. 3618:
    • Bills to designate new countries for TPS due to ongoing conflicts or extraordinary conditions.
  • Reason:
    • Countries hit by natural disasters, political instability or armed conflict are often proposed for TPS so their nationals living in the U.S. can be safe.

2. Education for TPS and DED Beneficiaries

Some bills would provide federal financial aid for higher education to TPS and DED recipients recognizing education is key to economic contributions and social integration.

  • Key Bills:
    • H.R. 4117, H.R. 1701, S. 1963: Would make TPS and DED recipients eligible for federal financial aid, Pell Grants, loans and scholarships.
  • Impact:
    • These would open up educational opportunities that are currently not available to many TPS and DED recipients due to financial barriers.

3. Congressional Jobs

A few bills would open up federal congressional jobs to TPS and DED recipients to address the limitations on their participation in certain government positions.

  • Key Bills:
    • H.R. 1381, S. 672: Would make TPS and DED holders eligible to work in congressional offices.
  • Importance:
    • These bills would increase inclusivity in federal government employment, recognizing the value TPS and DED recipients can bring to policy making and administration.

4. TPS Beneficiaries and Military Service

Bills have been introduced to allow TPS holders to enlist in the U.S. military, recognizing their contributions to national security.

  • Key Bill:
    • H.R. 2913: Expands military enlistment eligibility to TPS beneficiaries.
  • Goal:
    • This would address military recruitment challenges and provide TPS holders with a path to permanent status through service.

5. Farm Workforce Modernization Act

  • Versions Introduced: H.R. 1603 (117th Congress, 2021) and H.R. 4319 (118th Congress, 2023).
  • Provisions:
    • Creates a path for agricultural workers, including TPS and DED recipients, to transition to legal temporary status and then LPR status.
  • Status:
    • Passed House in 2021 but pending in 118th Congress

Pathways to Lawful Permanent Residency (LPR)

Several bills would give TPS and DED recipients a clear path to permanent residency.

  • Notable Examples:
  • Obstacles:
    • Despite bipartisan support for some bills, political polarization and procedural hurdles (e.g. Senate supermajority requirements) are blocking these bills.

Restrictive Bills Targeting TPS Eligibility

While some bills expand benefits, others shrink TPS eligibility or add new restrictions.

1. Limiting Eligibility

Some bills would disqualify individuals based on criminal or political affiliations:

  • Criminal Gangs: Makes gang members ineligible for TPS.
  • Palestinian Authority Travel Documents: Bills would restrict TPS eligibility for individuals with travel documents from the Palestinian Authority.

2. Congressional Oversight

One bill would introduce broad measures to limit and regulate TPS:

  • Congressional Approval for Extensions: Requires Congress to approve TPS designations beyond the initial extension.
  • Restrictions on Reinstated Designations: Prohibits new designations for countries terminated within the last 18 months unless specific conditions are met.
  • Limitations on Grounds of Inadmissibility: Reduces DHS’s ability to waive inadmissibility criteria for TPS applicants.
  • Travel Restrictions: Adds new rules for TPS recipients traveling abroad.

Broader Legislative Trends

More Rights

  • Bills expanding TPS and DED rights recognize the value of these individuals to the U.S. economy, communities and society. Education, military service and work opportunities are key themes in pro-expansion bills.

More Oversight and Restrictions

  • On the other hand, restrictive bills aim to curb perceived TPS abuses. These measures focus on national security, tighter eligibility requirements and less DHS discretion in TPS.

Challenges and Next Steps

Political Obstacles

  • Political Polarization:
    • Immigration reform is a hot button issue with disagreements over border security and citizenship pathways derailing TPS related bills.

Senate Supermajority Requirement:

  • 60 Senate votes are required to pass TPS adjustment bills making bipartisan support a must but hard to come by.

Niche Legislation:

  • Past laws (e.g. NACARA and LRIF) were targeted to specific groups leaving many TPS recipients without a clear path to LPR status.

Judicial Decisions:

  • Court cases like Sanchez v. Mayorkas show the limits of current law and the need for legislative solutions.

Complex Legislative Process

  • Many bills face procedural hurdles, including Senate supermajority requirements.

Advocacy and Public Awareness

  • Advocacy groups and community organizations are pushing for more protections and benefits for TPS and DED recipients, highlighting their economic and social contributions.

No Adjustment Pathway Consequences

  1. Legal and Financial Uncertainty:
    • TPS recipients are often stuck in limbo, unable to invest in homes, businesses and communities.
  2. Families:
    • Many TPS recipients have U.S. citizen children or spouses, deportation would be a disaster for mixed status families.
  3. Economic Contributions:
    • TPS recipients contribute to the U.S. economy particularly in healthcare, agriculture and construction. A pathway to LPR status could amplify these contributions.

State by State Demographic Breakdown of TPS Recipients

TPS recipients, individuals allowed to stay in the U.S. due to unsafe conditions in their home countries, are in all 50 states, D.C. and U.S. territories. As of March 2024 there are 863,880 TPS recipients. This article will look at the distribution of TPS recipients, key states, regional demographics and overall implications.

States with the Most TPS Recipients

Florida: TPS Central

  • Total Recipients: 295,720 (34% of all TPS holders).
  • Key Demographics:
    • Venezuelans: 57% of Florida’s TPS population.
    • Haitians: 35%.
  • Why Florida?
    • Florida’s proximity to Latin America and the Caribbean and established immigrant communities makes it the top state for TPS holders. Cities like Miami and Orlando are TPS hotspots.
    • Economic Impact:
      • TPS holders in Florida contribute to industries like hospitality, construction and healthcare.

Texas

  • Total Recipients: 93,680.
  • Demographics:
    • Mostly Venezuelans and Central Americans (El Salvador, Honduras and Nicaragua).
  • Why Texas?
    • Large economy and jobs attract immigrants. Border proximity and existing diaspora communities help migration.

New York: Diverse TPS Population

  • Total Recipients: 67,840.
  • Demographics:
    • Haitians, Venezuelans and Central Americans.
  • Why New York?
    • Known for its immigrant population, New York has resources and community support for TPS holders, particularly in NYC and Long Island.

California: Migrant Magnet

  • Total Recipients: 67,800.
  • Demographics:
    • Central Americans, Haitians and African nations.
  • Why California?
    • California’s reputation as a welcoming state and strong immigrant networks attracts TPS holders. Opportunities in agriculture, tech and service industries.

Other States with 10,000+ TPS Recipients

Besides the top 4 states, 12 others have over 10,000 TPS recipients:

  1. New Jersey: 31,480.
    • Key Communities: Venezuelans and Central Americans, Newark and Paterson.
    • Industries: Healthcare and service sectors.
  2. Georgia: 29,630.
    • Key Communities: Central Americans and Venezuelans, Atlanta.
    • Industries: Construction and agriculture.
  3. Maryland: 28,700.
    • Key Communities: Salvadorans make up the majority of Maryland’s TPS population.
    • Why Maryland?
      • Suburban areas near Washington, D.C. have jobs and community support.
  4. Massachusetts: 27,780.
    • Key Communities: Haitians make up a large part of the state’s TPS population.
      • Industries: Education and healthcare sectors.
  5. Virginia: 26,080.
    • Key Communities: Salvadorans and other Central Americans in Northern Virginia.
    • Why Virginia?
      • Proximity to the Washington, D.C. metro area has economic and social opportunities.
  6. North Carolina: 22,140.
    • Key Communities: Central Americans (Hondurans and Salvadorans).
    • Industries: Manufacturing and agriculture.
  7. Illinois: 19,730.
    • Key Communities: Chicago is a TPS hotspot with large Salvadoran and African populations.
    • Industries: Hospitality and service sectors.
  8. Indiana: 18,775.
    • Why Indiana?
      • Affordable living and jobs in manufacturing and agriculture.
  9. Ohio: 12,775.
    • Key Communities: Central Americans and Venezuelans.
    • Why Ohio?
      • Urban areas like Columbus and Cleveland have jobs and community networks.
  10. Pennsylvania: 11,955.
    • Key Communities: Philadelphia has a large Venezuelan and Haitian population.
  11. Tennessee: 10,295.
    • Key Communities: Central Americans and Africans, Nashville.
  12. Utah: 10,215.
    • Key Communities: Venezuelans make up the majority of Utah’s TPS population.
    • Industries: Tech and service sectors attract TPS holders.

States with Growing TPS Populations

While smaller in numbers, some states are seeing TPS growth due to local job markets and affordability:

  • Colorado: 6,590 (Haitian and Venezuelan communities).
  • Connecticut: 5,510 (diverse immigrant population, Haitians and Central Americans).
  • South Carolina: 5,835 (agriculture and manufacturing growth).
  • Washington: 9,500 (diverse population, Central Americans and Africans).

Smaller States and Territories

While fewer TPS recipients live in these areas, they are still important pockets of diversity:

  • Hawaii: 230.
  • Montana: 155.
  • Vermont: 80.
  • Wyoming: 130.
  • U.S. Territories:
    • U.S. Virgin Islands: 2,560.
    • Puerto Rico: 610.

Total TPS Recipients

  • Nationwide Total: 863,880 as of March 31, 2024.
  • Geographic Distribution:
    • 34% of TPS recipients live in Florida.
    • Top 4 states (Florida, Texas, New York, California) account for 60% of all TPS holders.
  • Key Points:
    • Gateway states are still dominant, but Utah and Tennessee are emerging as new TPS hubs.

Economic Impact of TPS

TPS holders are crucial to the U.S. economy in:

  • Hospitality: Florida and Nevada.
  • Agriculture: California, Texas, North Carolina.
  • Healthcare: Maryland and New Jersey.
  • Manufacturing: Indiana, Ohio, and Tennessee draw TPS holders due to job opportunities.

Employment and Earnings

TPS holders have high labor force participation and many achieve financial stability and career advancement over decades in the U.S.

Key Facts (2021 data)

  • Total Income:
    • $10.3 billion for all TPS households in the U.S.
  • Top States by Employment Rates:
    • Virginia: 97.5%
    • Maryland: 95.9%
    • National Average: 94.6%
  • Industry Representation:
    • TPS holders work in multiple sectors, filling labor gaps in agriculture, education, healthcare and service industries.

State Examples

  • Virginia:
    • 97.5% employment rate among TPS holders, major contributions in healthcare and education.
  • Florida:
    • TPS population earned $1.6 billion, $1.2 billion in purchasing power.

Tax Contributions

TPS holders are good taxpayers, paying into public programs but not eligible for most federal benefits.

Federal Contributions

  • Support entitlement programs like Social Security and Medicare so seniors can age in the U.S.

State and Local Contributions

  • $1 billion annually to state and local services including:
    • Public education
    • Emergency services
    • Infrastructure projects

Underutilization of Public Benefits

  • TPS holders are not eligible for most federal programs including:
    • SNAP (Supplemental Nutrition Assistance Program)
    • TANF (Temporary Assistance for Needy Families)
    • Regular Medicaid (only for emergencies)

They pay more in taxes than they can access in benefits.

Consumer Spending and Purchasing Power

TPS holders are key consumers in the U.S. economy. Their spending supports small businesses, local economies and the service sector.

Key Facts (2021 data)

  • Spending Power:
    • TPS households kept $8 billion after taxes and spent it.
  • Service Industry Support:
    • 80% of U.S. jobs are in the service sector which is driven by consumer spending.
  • Local Impact:
    • Spending supports everyday services like restaurants, retail and entertainment.

State Examples

  • California:
    • TPS households had $1.5 billion in spending power, critical to the state’s economy.
  • Texas:
    • TPS holders spent $1.2 billion, in construction and retail.

Entrepreneurship and Business Ownership

TPS holders are high entrepreneurs, creating jobs and reviving local communities.

  • Entrepreneurship Rate:
    • 14.5% of TPS holders were self-employed, compared to 9.3% of U.S.-born workers.
  • Business Income:
    • $1.5 billion in business income from 38,100 TPS entrepreneurs.
  • State Breakdown:
    • Florida: 8,200 TPS self-employed generated $608.5 million in business income.
    • California: 7,800 TPS entrepreneurs generated $224.8 million.

Community Revitalization

  • Haitian TPS holders transformed Mount Olive, North Carolina by buying abandoned homes and opening businesses.
  • Salvadoran TPS holders revived declining suburbs in the Washington, D.C. area.

Housing and Real Estate

TPS holders buy homes and pay property taxes, strengthening housing markets.

Key Facts

  • Homeownership:
    • 41% of TPS households owned homes, worth $19 billion.
  • Rental Market:
    • TPS renters contributed $1.3 billion annually.
  • Neighborhood Revitalization:
    • Immigrants often stabilize declining neighborhoods, attracting U.S.-born residents and increasing property values.

State-Level Impact

  • TPS holders have a big impact in key states, varying by state.

Top States (2021 data)

  • Florida:
    • TPS population: 65,200
    • Income: $1.6 billion
    • Spending Power: $1.2 billion
  • California:
    • TPS Population: 60,100
    • Income: $1.9 billion
    • Spending Power: $1.5 billion
  • Texas:
    • TPS Population: 55,400
    • Income: $1.5 billion
    • Spending Power: $1.2 billion
  • New York:
    • TPS Population: 29,600
    • Income: $1 billion
    • Spending Power: $743.9 million

Economic Impact of TPS Termination

Terminating TPS designations would have huge economic consequences:

  • Gross Domestic Product (GDP):
    • $45.2 billion GDP loss over 10 years if TPS designations for El Salvador, Honduras and Haiti are terminated.
  • Social Security and Medicare:
    • $6.9 billion reduction in contributions over 10 years.

Higher Prices

  • Terminating TPS would mean higher prices as industries dependent on TPS workers face labor shortages.
  • Disproportionate impact on states like Florida.  Local economies in states like Florida where TPS holders are a big part of the population would be hit harder.

Employment Breakdown for TPS Holders

Based on 2017 survey:

  • Male TPS Workers: Construction (23%), driving/delivery (13.7%), building maintenance (7.3%).
  • Female TPS Workers: Cleaning (27.9%), childcare (6.6%), food preparation (5.2%)
  • They work in industries with workforce shortages:
    • Direct care for older adults and individuals with disabilities: Immigrants are 28% of this workforce, 17% of the overall labor force.
    • Manufacturing: In Northwest Ohio, TPS workers are a third of the workforce at Jeep, Ford and Stellantis plants.
    • During the COVID-19 pandemic, 131,300 TPS holders were essential workers.

FAQs on Temporary Protected Status (TPS) and What to Expect Under a Future Trump Administration in 2025

General Information on TPS

2025 Policy Changes

What TPS Holders Can Do

Possible Scenarios

Other Questions and Scenarios

General TPS Information

Under a Trump Administration

What TPS Holders Should Do Now

Termination Scenarios

Misc

Long Term

As TPS uncertainty looms with a Trump administration in 2025, TPS holders are right to be fearful and anxious about their future. The road ahead requires proactive steps, planning and knowledge of legal rights and options.

At Herman Legal Group we know the weight of this moment for TPS holders and their families. With decades of experience, deep legal knowledge and a human touch we are here to provide clear guidance and customized solutions to protect your status and your future.

Navigating immigration law requires expertise but also empathy for the human being behind each case. We are here to be with you and fight for your rights. Don’t go through this alone—contact Herman Legal Group today to schedule a consultation and start feeling better.

MORE TPS RESOURCES

  1. Jill H. Wilson, Temporary Protected Status and Deferred Enforced Departure (Washington, DC: Congressional Research Service, updated May 28, 2024), p.6, https://sgp.fas.org/crs/homesec/RS20844.pdf.
  2. U.S. Citizenship and Immigration Services, “Form I-821, Application for Temporary Protected Status Receipts, Approvals, Denials, and Pending by Country of Designation (Fiscal Year 2024, Q2),” June 12, 2024, https://www.uscis.gov/sites/default/files/document/reports/i821_radp_fy2024_q2.xlsx.
  3. U.S. Citizenship and Immigration Services, “Policy Memorandum PM-602-0188, Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries,” July 1, 2022, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0188-RescissionofMatterofZ-R-Z-C-.pdf; U.S. Citizenship and Immigration Services, “Temporary Protected Status,” https://www.uscis.gov/humanitarian/temporary-protected-statuslast accessed June 13, 2023.
  4. U.S. Citizenship and Immigration Services (USCIS), “Temporary Protected Status,” last reviewed/updated June 20, 2024, https://www.uscis.gov/humanitarian/temporary-protected-status.
  5. Extension and Redesignation of Afghanistan for Temporary Protected Status, 88 Fed. Reg. 65728 (September 25, 2023),
  6. Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013); Velasquez v. Barr, 979 F.3d 572 (8th Cir. 2020); Ramirez v. Brown, 852 F.3d 954, 958 (9th Cir. 2017); Sanchez v. Sec. U.S. Dept. of Homeland Sec., 967 F.3d 242 (3d Cir. 2020), cert. granted sub nom. Sanchez v. Wolf, 20-315, 2021 WL 77237 (U.S. Jan. 8, 2021); Solorzano v. Mayorkas,   F.3d   , No. 19-50220, 2021 WL 365830 (5th Cir. Feb. 3, 2021); Serrano v. United States Attorney General, 655 F.3d 1260 (11th Cir. 2011).
  7. Sanchez v. Mayorkas, 593 U.S. (2021), https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf.
  8. U.S. Citizenship and Immigration Services, “Policy Memorandum PM-602-0188, Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries,” July 1, 2022, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0188-RescissionofMatterofZ-R-Z-C-.pdf.
  9. U.S. Citizenship and Immigration Services, “Deferred Enforced Departure,” last updated October 20, 2021, https://www.uscis.gov/humanitarian/deferred-enforced-departure.
  10. Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated April 19, 2022), https://crsreports.congress.gov/product/pdf/RS/RS20844/63.
  11. U.S. Census Bureau, 1-year 2021 American Community Survey public use microdata samples, retrieved from Integrated
    Public Use Microdata Series (updated November 30, 2022), https://usa.ipums.org/usa/index.shtml.
  12. Muzaffar Chishti and Kathleen Bush-Joseph, “In the Twilight Zone: Record Number of U.S. Immigrants Are in Limbo Statuses,” Migration Policy Institute (August 2, 2023),  https:// www.migrationpolicy.org/article/twilight-immigration-status.
  13. Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated July 28, 2023), https://crsreports.congress.gov/product/pdf/RS/RS20844/68.
  14. Patricia Guadalupe, “Immigrants protected in U.S. for decades face another year of uncertainty,” NBC News (December 28, 2018), https://www.nbcnews.com/news/
    latino/immigrants-protected-u-s-decades-face-another-
    year-uncertainty-n949976; U.S. Citizenship and Immigration Services, “Temporary Protected Status Designated Country: Honduras” (March 27, 2019), https://www.uscis.
    gov/humanitarian/temporary-protected-status/temporary-    protected-status-designated-country-honduras.
  15. National Immigration Forum, “Fact Sheet: Immigrants and Public Benefits” (August 21, 2018),  https://immigrationforum. org/article/fact-sheet-immigrants-and-public-
  16. Alison Siskin, “Noncitizen Eligibility for Federal Public Assistance: Policy Overview” (Congressional Research Service, December 12, 2016), https://fas.org/sgp/crs/misc/ RL33809.pdf.
  17. Immigrant Legal Resource Center, “Understanding the Criminal Bars to the Deferred Action for Childhood Arrivals” (October 26, 2012), https://www.ilrc.org/sites/default/files/  documents/ilrc-2012-daca_chart.pdf; Kristina Gasson, “Temporary Protected Status (TPS): Who Is Eligible?,” NOLO, https://www.nolo.com/legal-encyclopedia/temporary-protected-status-tps-who-is-eligible.html#:~:text=Continuous%20residence%20in%20the%20United,physical%20presence%20requirement%20apply%20here.
  18. Bureau of Labor Statistics, “Employment by Major Industry Sector” (updated September 8, 2022), https://www.bls.gov/ emp/tables/employment-by-major-industry-sector.htm.
  19. Detailed methodology of estimating the spending power and tax contribution can be found in the Appendix.
  20. Mike Charbonneau, “‘Little Haiti’ Springs Up in Wayne County Town,” WRAL News (February 15, 2012), www.wral.com/news/local/video/10736819/; Damian Paletta, “Haitian immigrants revived America’s turkey town. This Thanksgiving together might be their last,” The Washington Post (November 20, 2018), https://www.washingtonpost.com/ business/economy/haitian-immigrants-revived-americas-turkey-town-this-thanksgiving-together-might-be-their-last/2018/11/20/7cb258d0-e78f-11e8-b8dc-66cca409c180_ story.html.
  21. Carolyn Gallaher, “This region has one of the nation’s largest Salvadoran communities. A federal program puts that in jeopardy.,” Greater Greater Washington (August 23, 2017),  https://ggwash.org/view/64531/dc-has-one-of- the-nations-largest-salvadoran-communities.-a-federal- program#:~:text=Immigrants.
  22. New American Economy, “The Impact of Immigration on the Housing Market,”  https://www.newamericaneconomy.org/housingmap/.
  23. New American Economy, “How 40 Million Immigrants Create Housing Wealth and Stabilize Communities,” https://www.newamericaneconomy.org/housing/.
  24. Ibid.
  25. Michal Rubaszek and Margarita Rubio, “Does the rental housing market stabilize the economy? A micro and macro perspective,” Empirical Economics, Vol. 59, pgs. 233-257, 2020 (February 12, 2019),  https://link.springer.com/ article/10.1007/s00181-019-01638-z.
  26. Lautaro Grinspan, “Here’s Why the Fate of TPS Has Such Major Implications for DC,” Washingtonian (October 16, 2018), https://www.washingtonian.com/2018/10/16/temporary-    
    protected-status-tps-el-salvadoran-community-washington-    dc-trump-federal-judge/.
  27. Amanda Baran, Jose Magana-Salgado, and Tom K. Wong, “Economic Contributions by Salvadoran, Haitian, and Honduran TPS Holders: The Cost to Taxpayers, GDP, and Businesses of Ending TPS” (Immigrant Legal Resource Center, April 2017).
  28. Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated August 9, 2021), https://crsreports.congress.gov/product/pdf/RS/RS20844/62.
  29. George J. Borjas, “The Labor Supply of Undocumented Immigrants,” NBER Working Papers 22102 (National Bureau of Economic Research, Inc., 2016), https://ideas.repec.org/p/nbr/ nberwo/22102.html.
  30. Donald Kerwin and Robert Warren, “A Statistical and Demographic Profile of the US Temporary Protected Status Populations from El Salvador, Honduras, and Haiti” (Center for Migration Studies, 2017), https://cmsny.org/publications/jmhs- tps-elsalvador-honduras-haiti/.
  31. Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated April 19, 2022),https://crsreports.congress.gov/product/pdf/RS/RS20844/63.
  32. Institute on Taxation and Economic Policy, “Who Pays? A Distributional Analysis of the Tax Systems in All 50 States, 6th Edition,” (October 2018), https://itep.org/whopays/.
  33. Congressional Budget Office, “The Distribution of Household Income and Federal Taxes, 2019,” (updated November 15, 2022),   https://www.cbo.gov/publication/58353

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