Introduction

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 Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Public Charge Rule	Introduced strict financial proof	Reversed rule	Likely reinstatement, reflecting President Trump’s last term policies
Adjustment Interviews	Mandatory for all cases	Waived for low-risk cases	Universal reinstatement
Sponsor Income Requirements	Increased income thresholds	Restored previous thresholds	Higher financial requirements
Form I-944	Required detailed financial proof	Eliminated	Likely reinstatement
K-1 Fiancé Visas	Slower processing and increased RFEs	Stabilized	Potential additional scrutiny

Processing and Procedures

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Requests for Evidence (RFEs)	Increased RFEs, particularly for employment cases	Reduced issuance	Higher rates of RFEs as USCIS reviewing officer examines applications more thoroughly
Processing Times	Lengthened processing times	Improved efficiency	Anticipated delays
Premium Processing	Limited availability	Expanded premium processing	Potential restrictions

Entry and Admissions Policies

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Travel Bans	Imposed regional bans targeting nations	Rescinded bans	Potential expansion to new regions
Enhanced Vetting	Introduced social media reviews	Limited screening	Broader scrutiny
Refugee Caps	Significantly reduced quotas	Increased admissions	Stricter limits

Employment-Based Immigration

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
H-1B Wage Requirements	Increased wage thresholds	Reverted to prior calculations	Higher wage thresholds
Specialty Occupation	Narrowed definitions	Broadened criteria	Stricter eligibility
H-4 Work Authorization	Threatened removal	Preserved authorization	Likely elimination
Compliance and Oversight	Enhanced audits and reviews	Reduced compliance pressure	Stricter compliance requirements
OPT and STEM OPT	Heightened scrutiny	Expanded opportunities	Stricter 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 statusis 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) forinternational 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.

For Employers

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 VoteCast 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 VoteCast 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.

Conclusion

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.