Trump’s Immigration Actions and Future Plans: What’s Been Done and What’s Coming

By Richard T. Herman, Esq.

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Overview

Since taking office President Trump has taken a giant leap in immigration through executive orders and administrative actions. He’s targeted both legal and undocumented immigrants, upending the U.S. immigration system. Critics say these actions will create inefficiency, economic instability and legal challenges. Supporters claim it’s to restore law and order and protect American jobs. The Biden administration, on the other hand, has aimed to reverse many of the stricter Trump-era policies, focusing on humanitarian concerns and legal challenges. Below is a list of what’s been done so far and what’s coming.

Actions Already Taken

Legal Immigration and Asylum Seekers

Refugee Entry Suspension: Trump has indefinitely halted U.S. refugee admissions, canceled 10,000 pre-approved flights and stranded over 22,000 refugees. A report on reinstatement is due by April 20, 2025. This will disrupt the U.S. refugee resettlement program which has historically welcomed those fleeing war and persecution.
Termination of Safe Passage Offices: These offices in Latin America provided a legal pathway for migrants to apply for U.S. entry. Closing them eliminates one of the few legal routes for asylum seekers, adding to the pressure at the U.S.-Mexico border.
Tighter Vetting Standards: Refugees must now go through extreme verification, which could invalidate prior approvals, creating more bottlenecks in an already clogged system.
CBP One App Suspended: The app which allowed up to 1,450 asylum seekers per day to legally enter the U.S. has been shut down, leaving 270,000 individuals in Mexico in dire humanitarian conditions.
Family Reunification Programs Canceled: Programs allowing Cubans, Guatemalans, Haitians, Colombians, and Salvadorans to reunite with family members legally have been eliminated. This will prolong family separations, forcing more people to attempt dangerous crossings.
TPS Rescinded: Temporary protected status (TPS) for 600,000 Venezuelans has been revoked, fast tracking their deportation. An additional 300,000 Venezuelans will lose TPS by April 1, 2025, jeopardizing their legal status and ability to work in the country without fear of deportation.
Visa Appointments Cancelled: Hundreds of Colombian visa applicants had their interviews cancelled due to diplomatic tensions. This will strain U.S.-Colombian relations and slow down the processing of visas for thousands of people.
Birthright Citizenship Restrictions: Trump has ordered that children born in the U.S. to undocumented mothers be denied automatic citizenship. This has been temporarily blocked by the courts, but if implemented it would challenge long standing interpretations of the 14th Amendment.
Increased ICE Harassment of U.S. Citizens: There has been a sharp increase in U.S. citizens being arrested and harassed by ICE due to bureaucratic errors and lack of oversight.

Border Security and Wall Construction

The Trump administration has consistently emphasized the importance of border security and wall construction in its immigration agenda. In a second term, the administration is likely to continue its efforts to build a wall along the US-Mexico border, despite the significant costs and logistical challenges involved. The administration may also seek to expand the use of technology, such as drones and sensors, to enhance border surveillance and enforcement.

In addition to physical barriers, the administration may also focus on increasing the number of Border Patrol agents and improving their training and equipment. This could include the use of more advanced technology, such as facial recognition software and DNA analysis, to help identify and track individuals attempting to cross the border.

The administration’s emphasis on border security is likely to be driven by concerns about national security and public safety. However, critics argue that the administration’s approach is overly focused on enforcement and neglects the need for more comprehensive immigration reform.

Undocumented Immigrants

Abolition of Enforcement Priorities: Immigration enforcement no longer prioritizes individuals with criminal records, resulting in a 15 fold increase in non-criminal arrests. Critics say this is an inefficient use of law enforcement resources.
ICE Arrest Quotas: Agents must now meet daily arrest quotas of 1,800 individuals regardless of context. Critics argue this policy encourages arbitrary arrests and may lead to human rights violations. The extensive deportation operations under the Trump administration emphasize the significant role of Immigration and Customs Enforcement (ICE) in executing mass detentions.
Arrests at Sensitive Locations: ICE is now making arrests in churches, schools and courthouses. Religious organizations and advocacy groups are challenging this in court, citing First Amendment and due process violations.
Expansion of Expedited Removal: Deportation without trial now applies to individuals who have been in the country up to two years, not just those caught within 14 days of arrival. This raises serious due process concerns and could lead to wrongful deportations.
Biometric Registration: All noncitizens, including legal residents, must submit biometric data or face criminal charges. Civil liberties groups warn this will set a precedent for increased government surveillance. Changes in public charge policies have also impacted individuals’ decisions to seek assistance based on their immigration status.
Shift in Law Enforcement Priorities: FBI and DEA personnel are being reassigned from criminal investigations to immigration enforcement, reducing focus on organized crime and drug trafficking.
State Police as Immigration Agents: Trump has invoked a “mass influx” clause allowing local law enforcement to make immigration arrests. This has raised legal questions about the extent of state authority over federal immigration matters.
Suspension of Asylum Laws: Declaring an “invasion” Trump has moved to override asylum laws, effectively suspending their ability to seek refuge. This will likely be challenged in federal court.
Military Involvement: The military is being deployed to the U.S.-Mexico border with at least 1,500 personnel assigned for enforcement and deportation operations, raising concerns about the militarization of immigration enforcement.

Coming Soon: Immigration Crackdown

The Trump administration has made it clear that it intends to take a tough stance on immigration enforcement in a second term. This could include a range of measures, such as increased deportations, more aggressive enforcement of immigration laws, and stricter penalties for individuals who enter the country without authorization.

The administration may also seek to expand the use of expedited removal, a process that allows immigration authorities to quickly deport individuals who are deemed to be a threat to national security or public safety. This could include the use of more advanced technology, such as biometric screening, to help identify individuals who may be subject to expedited removal.

Critics argue that the administration’s approach to immigration enforcement is overly aggressive and neglects the need for more humane and compassionate policies. They point out that many individuals who are subject to deportation are long-time residents of the US who have built lives and families here, and that the administration’s policies are causing significant harm and disruption to these communities.

Limiting Asylum Access and Refugee Protections

The Trump administration has taken a number of steps to limit access to asylum and refugee protections, and it is likely to continue these efforts in a second term. This could include measures such as restricting the types of persecution that qualify for asylum, limiting the number of refugees who are allowed to enter the country, and imposing stricter requirements for individuals who are seeking asylum.

The administration may also seek to expand the use of the “Remain in Mexico” policy, which requires asylum seekers to wait in Mexico while their claims are processed. This policy has been widely criticized by human rights groups, who argue that it puts asylum seekers at risk of violence and exploitation.

Critics argue that the administration’s approach to asylum and refugee policy is overly restrictive and neglects the need for more humane and compassionate policies. They point out that the US has a long tradition of providing a safe haven for individuals who are fleeing persecution and violence, and that the administration’s policies are undermining this tradition.

Coming Soon: Biden Administration Immigration Crackdown

Travel Ban Expansion: 12 countries including Iran, Libya, North Korea and Syria could face full or partial entry bans within 30-60 days. More countries may be added.
Visa Vetting: Maximum vetting for all visa applicants. Severe delays and economic disruption for industries that rely on foreign workers.
Ideological Purity: Applicants must demonstrate alignment with American “values and principles”. Subjective standard could affect applicants from certain political or religious backgrounds.
Public Charge Rule: Immigrants earning below 125% of poverty line may be barred from residency. Impacts working class immigrants and their families.
Work Permit Bans: Asylum seekers and visa applicants will be prohibited from getting work permits. Increased economic hardship for those awaiting legal resolution.
TPS Termination: Eliminating TPS for 1.2 million current recipients. Mass deportations and humanitarian crisis in affected countries.
Criminal Gangs and FTO Designations: New rules may disqualify immigrants who were extorted by gangs if those gangs are designated as terrorist organizations. Punishing victims instead of perpetrators.
Second Trump Administration: Expected immigration policies under a second Trump administration could bring significant changes, including increased deportations and stricter immigration laws.

Deportation Machine and Immigration Enforcement

Alien Enemies Act: Trump may use this law to make mass arrests and removals of non-citizens. Originally intended for wartime scenarios.
Guantanamo Bay Detention: 30,000 immigrants could be sent to the US military base in Cuba. Unprecedented and illegal, raising significant concerns within the Department of Homeland Security.
Deportation to Salvadoran Prisons: Some immigrants may be sent to Salvadoran prisons known for human rights abuses, with cases adjudicated in immigration courts.
Local Police Involvement: Federal agreements may allow untrained state and local police to conduct immigration raids, highlighting the federal government’s role in shaping these practices. Racial profiling and wrongful detentions.
Tariffs as Immigration Leverage: Trump may impose 25% tariffs on Canada and Mexico and 10% on China to punish their handling of migration.

Conclusion

Trump’s immigration policies represent a significant departure from past administrations. While supporters argue they enhance national security, critics warn of economic fallout, legal battles, and humanitarian crises. As these policies continue to unfold, their full impact on U.S. society and international relations remains to be seen.

The Supreme Court will likely play a crucial role in shaping the future of these immigration policies through its rulings on upcoming legal challenges.