Trump win opens door to major shift in US immigration policies

Donald Trump’s victory in the 2024 presidential election has placed him in a position to enact his campaign promises on immigration policy, including plans for mass deportations and new efforts to stop migrants from entering the United States. In his victory speech early Wednesday at Mar-a-Lago in West Palm Beach, Fla., Trump briefly checked off at the start of his remarks his plans to secure the U.S.-Mexico border as part of his vision for America upon his return to the White House. “We’re going to help our country heal,” Trump said. “We have a country that needs help, and it needs help very badly. We’re going to fix our borders, we’re going to fix everything about our country, and we’ve made history for a reason tonight, and the reason is going to be just that.” The promise of mass deportations was a cornerstone of Trump’s campaign and could be a focus for his administration. His stated goal is to remove the estimated 12 million people in the United States illegally, many of whom who were able to enter under the policies of the Biden administration. Trump has said he would draw upon the National Guard — and even the U.S. military — to assist with what would be a drastic escalation in removal efforts. It remains to be seen whether Trump will seek appropriations and authorization from Congress to pull off that effort. According to an October report from the American Immigration Council, deporting 1 million undocumented immigrants a year — a fraction of the total number — would cost more than $88 billion a year, for a total of $967.9 billion over more than 10 years. Trump during his first term in his office had enacted a “Remain in Mexico” policy, which kept asylum-seekers outside the United States as their immigration cases were processed. Although the Biden administration terminated that program in 2022, the Department of Homeland Security enacted a new rule earlier this year that placed tougher restrictions on asylum seekers. Trump’s election will almost certainly result in the reversal of Biden administration policies that are more lenient toward those who cross the border illegally, some of which are part of court fights. One such program is the “Keeping Families Together” initiative, which allowed certain immigrants who are spouses of U.S. citizens new opportunities to remain and work in the United States. Another is the Obama-era program granting deferred action on removal to immigrants without legal status who entered the United States at a young age, also known as Dreamers. Trump in his first term sought to undo the program. Regardless of the Trump administration’s actions, immigration advocates are likely to continue lawsuits to keep the programs for the Dreamers and immigrant spouses on the books. Kica Matos, president of the National Immigration Law Center, said Wednesday that the group had fought Donald Trump on immigration before and will do it again. “Trump and his allies told us what he plans to do: mass deportations, ending birthright citizenship, ending the right to public education for immigrant children, internment camps, and using the military to hunt down immigrants. We should take him at his word,” Matos said. The expanded opportunities seen under the Biden administration for Temporary Protected Status, which is parole for migrants coming en masse from turmoil in other countries, may also see a radical change. Last month, the DHS announced certain nationals from Lebanon would be eligible for the status as Israel conducted military operations in that country. Another group with Temporary Protected Status are Haitian migrants, whom Trump had claimed were eating the pets of people in Springfield, Ohio. Vice President-elect J.D. Vance said during the campaign that those migrants were “granted legal status at the wave of a Kamala Harris open border wand” and he would still refer to them as illegal aliens. Trump has also pledged to increase pressure on municipalities known as “sanctuary cities” that refuse to cooperate with Immigration and Customs Enforcement in removal of illegal aliens found under their jurisdiction. The new administration and Congress could seek to eliminate federal funding for municipalities with such policies in place. The new Trump administration could also enact changes to lawful means of immigration, including H-1B visas, which enables migrants to come into the United States as guest workers. Charles Kuck, an Atlanta, Ga.-based immigration lawyer, said in a post on X on Wednesday morning that potential changes could include a “lottery based on salary, increased filing fees, and increased enforcement against job shops.” “Look for higher visa denial rates and longer processing times,” Kuck said. “And count on no immigration reform, including no increase in numbers, no changes to per country limits, and even a possible shrinking of legal immigration.” Immigration advocates also warn the incoming administration will mean serious consequences for immigrants who want to reside in the United States, even through legal means. Benjamin Johnson, executive director of the American Immigration Lawyers Association, said “misinformation and dehumanizing rhetoric about immigrants” played a significant role in the election outcome and warned about the economic impact of potential Trump administration policies. “If implemented, the anti-immigrant policies avowed by Candidate Trump will inflict lasting damage to the American economy, communities, and character,” Johnson said. “AILA and its more than 16,000 members will continue to defend the Constitution and stand against laws and policies that violate due process, undermine civil rights, or denigrate the contributions of immigrants.” For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.