Articles Posted in American Politics

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During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.

Overview

What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.

EO #1 President Trump’s America First Priorities

The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

We suspect that this will likely lead to the reinstatement of the “Muslim travel bans” within the next 60 to 90 days.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

EO #2 Initial Rescissions of Harmful Executive Orders and Actions

His next executive order entitled “Initial Rescissions of Harmful Executive Orders and Actions,” overhauls and rescinds dozens of executive orders signed into law by former President Joe Biden.

By doing away with these executive orders, the Trump administration is rescinding the policies that were put in place by the previous administration to clear the way to enact new policies on immigration and quickly enforce them through various federal agencies such as the Department of State, Department of Homeland Security, and the U.S. Citizenship and Immigration Services (USCIS).

EO Highlights:

This order rescinds a series of COVID-19 related executive orders signed during the Biden administration which recommended policies for COVID-19 governmental response including COVID-19 treatment, vaccine requirements, testing, reopening of schools, and worksites.

These rescissions signal that the Trump administration is likely to overhaul the government’s response to COVID-19, such as directing federal agencies to modify public health and safety policies relating to COVID-19.

This has already begun with the U.S. Citizenship and Immigration Services’ (USCIS) recent elimination of the COVID-19 vaccination requirement for adjustment of status applicants seeking permanent residence in the United States (green cards).

Additionally, the order rescinds dozens of Biden-era executive orders that previously removed President Trump’s immigration policies and procedures from being enforced during the Biden administration. The Biden administration set forth their own executive actions such as facilitating asylum protections, creating a task force to reunite unaccompanied children with their families, strengthened the United States Refugee Admissions Progam (USRAP), rescinded Cuba’s designation as a state sponsor of terror, etc.

All of these actions have been rescinded by the Trump administration paving the way for more restrictive immigration policies ahead.

EO #3: Protecting the Meaning and Value of Citizenship (Ending Birthright Citizenship)

His third most controversial executive order entitled, “Protecting the Meaning and Value of Citizenship,” seeks to change the interpretation of the 14th amendment of the U.S. Constitution which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The Trump administration argues that the 14th amendment does not extend citizenship rights to everyone born in the United States and has always excluded from birthright citizenship, persons who were born in the United States but not “subject to the jurisdiction thereof.”

According to Trump’s executive order, the privilege of United States citizenship does not automatically extend to persons born in the United States:  

(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

As a result, the order makes it is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:  

(1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

This policy is intended to apply only to persons who are born within the United States after 30 days of this order (February 19, 2025). The heads of all executive departments and agencies have been directed to issue public guidance within 30 days regarding its implementation.

This executive order will not impact the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

A Federal Lawsuit Blocks Its Enforcement as of January 23th 

As of January 23, 2025, a federal judge from the U.S. District Court in the Western District of Washington, has temporarily blocked the executive order ending birthright citizenship from being enforced by the Trump administration.

In response to a lawsuit led by the states of Washington, Arizona, Illinois, and Oregon, challenging the executive order, the federal judge issued a 14-day Temporary Restraining Order (TRO) effective January 23, 2025 (ending on February 6, 2025). The TRO immediately blocks and enjoins the government from acting on the executive order.

The court’s temporary restraining order is likely to be extended while the litigation moves through federal courts. It is likely that this lawsuit will come before the U.S. Supreme Court for final resolution, which could take years to come about.

EO #4 Securing Our Borders

With this executive order, the Trump administration makes it the policy of the United States to take all appropriate action to secure our nation’s borders through the following means:

  • Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology
  • Deterring and preventing the entry of illegal aliens into the United States (mass deportations)
  • Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States
  • Removing promptly all aliens who enter or remain in violation of Federal law
  • Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States
  • Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration priorities and
  • Obtaining complete operational control of the borders of the United States.

The Secretary of Defense and the Secretary of Homeland Security shall:

  • take all appropriate action to deploy personnel and construct temporary and permanent physical barriers to ensure complete operational control of the southern border
  • take all appropriate actions to detain, aliens apprehended for violations of immigration law until their successful removal from the United States.
  • Issue new policy guidance or proposals regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch-and-release,” whereby illegal aliens are released into the United States shortly after their apprehension for violations of immigration law.
  • Resume Migrant Protection Protocols along the southern border of the United States, and to ensure that, pending removal proceedings, aliens are returned to the territory from which they came.
  • Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States
  • Terminate all categorical parole programs that are contrary to the policies of the United States established in President Trump’s Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
  • Ensure that all future parole determinations fully comply with this order and with applicable law
  • Take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, for all aliens detained under the authority of the United States
  • Take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security
  • Take all appropriate action to prioritize the prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.

EO #5 Realigning the United States Refugee Admissions Program

This executive order suspends the U.S. refugee admissions program (U.S. RAP), to prevent the influx of undocumented immigrants. The suspension is effective 12:01 am eastern standard time on January 27, 2025.

With its signing, it revokes Biden’s Executive Order 14013 Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.

Trump’s order prioritizes safety and national security concerns in the administration of U.S. RAP.

At an appropriate time, the Trump administration will admit only those refugees who can “fully and appropriately assimilate into the United States,” and ensure that the United States preserves taxpayer resources for its citizens.

  • It will be the policy of the United States that State and local jurisdictions be granted a role in the process of determining the placement or settlement of aliens eligible to be admitted to the United States as refugees in their jurisdictions.
  • Notwithstanding the suspension of the USRAP, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such aliens as refugees is in the national interest and does not pose a threat to the security or welfare of the United States.
  • Within 90 days of this order, the Secretaries must submit a report to the President to advise about whether resumption of entry of refugees into the United States under the U.S. would be in the interests of the United States, in light of the policies outlined in section 2 of this order.

Thereafter, they must submit further reports every 90 days until President Trump determines that resumption of the U.S. RAP is in the interests of the United States.

EO #6 Declaring a National Emergency at the Southern Border of the United States

This executive order declares a national emergency at the southern border of the United States and directs the U.S. Armed Forces (including the Ready Reserve and National Guard) to take all appropriate action to assist the Department of Homeland Security (DHS), in obtaining full operational control of the southern border, to prevent the illegal entry of immigrants into the United States.

  • The order directs the Secretary of Defense to take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
  • The Secretaries of Defense and Homeland Security are directed to construct additional physical barriers along the southern border and coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border.
  • The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, must take all appropriate action, consistent with law, to prioritize the impedance and denial of the unauthorized physical entry of aliens across the southern border of the United States, and to ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces.

With the passage of this executive order, Biden’s Proclamation 10142 entitled, “Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction,” is revoked.

EO #7: America First Trade Policy (USMCA)

This executive order makes it a matter of policy for the United States to promote economic trade policies that place our nation’s interests first, including those of American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.

It calls upon the government to investigate unfair trade practices and recommend appropriate measures to remedy deficits.

Furthermore, it requires the government to begin the public consultation process for the United States-Mexico-Canada Agreement (USMCA) formerly known as NAFTA, to prepare for the July 2026 review of the USMCA trade agreement with Canada and Mexico.

The government will be assessing the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses, while making recommendations regarding the United States’ participation in the agreement.

Since the USMCA makes possible the TN work visa program for Canadian and Mexican nationals, any changes to the agreement could lead to additional barriers to obtaining this visa depending on recommendations from the heads of federal agencies.

EO #8 Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States

This executive order makes it the policy of the United States to utilize the U.S. Armed Forces to protect the sovereignty and territorial integrity of the U.S. along its national borders.

Considering that the President has declared a national emergency along the southern border, the U.S. Armed Forces will be utilized to prevent unlawful migration and defend our national borders.

Within 10 days, the Secretary of Defense must submit to the President a revision to the Unified Command Plan, that assigns United States Northern Command (USNORTHCOM) the mission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States, by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.

The Secretary of Defense must also make continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry, impingement on the national sovereignty, and security by foreign nations and transnational criminal organizations.

EO #9 Restoring the Death Penalty and Protecting Public Safety

This executive order directs the Attorney General to pursue the death penalty for severe crimes demanding its use.

In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving:

(i)   The murder of a law-enforcement officer; or

(ii)  A capital crime committed by an alien illegally present in this country.

EO #10 Protecting the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats

This executive order applies enhanced vetting and screening protocols during the visa-issuance process to ensure that aliens approved for admission into the United States do not intend to harm Americans or pose a threat to national security.

Admitted aliens and aliens otherwise already present in the United States must not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and must not advocate for, aid, or support designated foreign terrorists and other threats to national security.

To align with these goals, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly:

  • Identify resources that may be used to ensure that aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible
  • Determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA for one of its nationals, and ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat
  • Re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind and
  • Vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks.
  • Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, a report:
    • identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)) and
    • identifying how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021, and any other information the Secretaries and Attorney General deem relevant to the actions or activities of such nationals since their admission or entry to the United States
    • Whenever information is identified that would support the exclusion or removal of any alien described in subsection 2(b), the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States.

Within 30 days of this executive order, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall also:

(a)  Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign Service Manual, or guidance of any kind pertaining to each of the grounds of inadmissibility listed in sections 212(a)(2)-(3) of the INA (8 U.S.C. 1182(a)(2)-(3)), to ensure the continued safety and security of the American people and our constitutional republic;

(b)  Ensure that sufficient safeguards are in place to prevent any refugee or stateless individual from being admitted to the United States without undergoing stringent identification verification beyond that required of any other alien seeking admission or entry to the United States

(c)  Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States

(d)  Recommend any actions necessary to protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental constitutional rights of the American people, or who provide aid, advocacy, or support for foreign terrorists

(e)  Ensure the devotion of adequate resources to identify and take appropriate action for offenses described in 8 U.S.C. 1451

(f)  Evaluate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken

(g)  Recommend any additional actions to protect the American people and our constitutional republic from foreign threats.

EO #11: Designating Cartels and Other Organizations as Foreign Terrorist Orgs and Specifically Designated Global Terrorists

This executive order makes it the policy of the United States to ensure the total elimination of foreign terrorist organizations’ presence in the U.S., and their ability to threaten the territory, safety, and national security.

Within 14 days of the date of the order, the Secretary of State, in consultation with the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall take appropriate action to:

  • make a recommendation regarding the designation of any cartel or other organization described in section 1 of the order as a Foreign Terrorist Organization and/or a Specially Designated Global Terrorist
  • make operational preparations regarding the implementation of any presidential decision invoked the Alien Enemies Act, in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.

EO #12: Guaranteeing the States Protection Against Invasion

This executive order classifies the illegal entry of undocumented immigrants at the southern border as an “invasion” under Article IV, Section 4 of the Constitution of the United States, and suspends the physical entry of certain aliens until the invasion at the southern border has ceased.  

Furthermore, the entry into the United States, of any alien who fails, before entering the United States, to provide Federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of sections 212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3), is deemed detrimental to the interests of the United States.

  • The entry into the United States of such aliens is suspended and their access to provisions of the INA that would permit their continued presence in the United States is restricted, including, but not limited to, section 208 of the INA, 8 U.S.C. 1158.
  • The order directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to take all appropriate actions as may be necessary to achieve the objectives of this proclamation, until the invasion at the southern border has ceased
  • It also directs them to take all appropriate action to repel, repatriate, or remove any alien engaged in the invasion across the southern border of the United States, whether as an exercise of the suspension power in section 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), or as an exercise of the President’s delegated authority under the Constitution of the United States, until a finding that the invasion at the southern border has ceased

EO #13: Protecting the American People Against Invasion

This executive order makes it a policy of the United States to faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people.  It also makes it a matter of policy to achieve enforcement of the law, through lawful incentives and detention capabilities.

What this order does:

Revokes the following Biden era executive actions:

  • Executive Order 13993 Revision of Civil Immigration Enforcement Policies and Priorities
  • Executive Order 14010 Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
  • Executive Order 14011 Establishment of Interagency Task Force on the Reunification of Families and
  • Executive Order 14012 Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans
    • Directs executive departments and agencies to promptly revoke all memoranda, guidance, or other policies based on the above Executive Orders and ensure the faithful execution of the immigration laws against all inadmissible and removable aliens.
    • Directs the Secretary of Homeland Security to take all appropriate action to enable the ICE, CBP, and USCIS to set priorities for their agencies that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal.
    • Directs the Secretary of Homeland Security to ensure that the primary mission of ICE Investigations division is the enforcement of the provisions of the INA and other Federal laws related to the illegal entry and unlawful presence of aliens in the United States and enforcement
    • The Attorney General, in coordination with the Secretary of State and the Secretary of Homeland Security, shall take all appropriate action to prioritize the prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of aliens in the United States.
    • The Attorney General and the Secretary of Homeland Security shall take all appropriate action to jointly establish Homeland Security Task Forces (HSTFs) in all States nationwide to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, dismantle cross-border human smuggling and trafficking networks, end the scourge of human smuggling and trafficking, with a particular focus on such offenses involving children, and ensure the use of all available law enforcement tools to faithfully execute the immigration laws of the United States.

Directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General to:

(a)  Immediately announce and publicize information about the legal obligation of all previously unregistered aliens in the United States to comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code

(b)  Ensure that all previously unregistered aliens in the United States comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code and

(c)  Ensure that failure to comply with the legal obligations of part VII of subchapter II of chapter 12 of title 8, United States Code, is treated as a civil and criminal enforcement priority

  • Secretary of Homeland Security shall take all appropriate action, to ensure the efficient and expedited removal of aliens from the United States
  • Take all appropriate action and allocate all legally available resources or establish contracts to construct, operate, control, or use facilities to detain removable aliens, ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country
  • Promptly rescind the policy decisions of the Biden administration that led to the increased or continued presence of illegal aliens in the United States, and align any and all departmental activities with the policies set out by this order and the immigration laws.  Such action should include, but is not limited to:

(a)  ensuring that the parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised on only a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual alien demonstrates urgent humanitarian reasons or a significant public benefit derived from their particular continued presence in the United States arising from such parole

(b)  ensuring that designations of Temporary Protected Status are consistent with the provisions of section 244 of the INA (8 U.S.C. 1254a), and that such designations are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute and

(c)  ensuring that employment authorization is provided in a manner consistent with section 274A of the INA (8 U.S.C. 1324a), and that employment authorization is not provided to any unauthorized alien in the United States.

  • Ensure “sanctuary” jurisdictions, which seek to interfere with the lawful exercise of Federal law enforcement operations, do not receive access to Federal funds.  Further, the Attorney General and the Secretary of Homeland Security shall evaluate and undertake any other lawful actions, criminal or civil, that they deem warranted based on any such jurisdiction’s practices that interfere with the enforcement of Federal law.
  • Issue guidance to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644 and ensure that State and local governments are provided with the information necessary to fulfill law enforcement, citizenship, or immigration status verification requirements authorized by law
  • Immediately review and, if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens, to ensure that such agreements conform to applicable law and are free of waste, fraud, and abuse, and that they do not promote or facilitate violations of our immigration laws
  • Pause distribution of all further funds pursuant to such agreements pending the results of the review in subsection (a) of this section
  • Terminate all such agreements determined to be in violation of law or to be sources of waste, fraud, or abuse and prohibit any such future agreements
  • Coordinate with the Director of the Office of Management and Budget to ensure that no funding for agreements is included in any appropriations request for the Department of Justice or the Department of Homeland Security
  • The Director of the Office of Management and Budget shall take all appropriate action to ensure that all agencies identify and stop the provision of any public benefits to any illegal alien not authorized to receive them under the provisions of the INA or other relevant statutory provisions.

Planning for a Tough Road Ahead

The Trump administration has made clear that it is keeping its promises and will get tougher on immigration. While these executive orders impact undocumented immigrants to a large degree, they also impact applicants applying for immigrant and nonimmigrant visas by increasing vetting and screening of applicants, especially those from particular countries that have ties to terrorism or pose national security concerns.

However, immigrants should not lose hope. We are seeing a pushback among dozens of states who are already filing lawsuits in federal courts to challenge these executive orders, such as those ending birthright citizenship.

The key take away is to speak with an immigration attorney to create a plan that will help you navigate the changes that may lie ahead. Keep yourself informed of any changes and adapt your plan as needed.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.

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 What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.

You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.

This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.

Overview

Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.

Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.

Here are some of the changes that may be expected from the Trump administration.

Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.

The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.

Proof of Personal Financial Resources

To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.

Continue reading

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President Trump will soon return to the White House, bringing with him many changes in the world of immigration.

In this video, attorney Jacob Sapochnick shares the ways in which the Trump administration will impact the processing at visas U.S. Consulates and Embassies worldwide, including immigrant and non-immigrant visas.

This video also covers the latest updates regarding the operational capacity of U.S. Consular posts and Embassies as of November 2024.

If you are currently waiting in line for a visa interview at a U.S. Consulate or Embassy abroad, you won’t want to miss this video.

Overview

President Trump will settle into the White House on January 20, 2024, bringing with him new appointments to cabinet level positions. His pick for Secretary of State is likely to be the Republican Marco Rubio, a known conservative who supports legal immigration and a crackdown on illegal immigration.

Nonimmigrant visa applicants may face new restrictions when applying at U.S. Consulates and Embassies. During the previous Trump administration, work visa applicants were under much heavier scrutiny than ever before. H-1B, O-1, L-1, and J visa applicants found it much more difficult to obtain approvals both at the USCIS and Consular level.

These challenges existed even for applicants seeking extensions of their work visa.

To avoid being subject to greater scrutiny, applicants should file their cases as soon as possible. If premium processing service is available for your petition, take advantage of it.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the December 2024 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of December.

USCIS Adjustment of Status

For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.

Highlights of the December 2024 Visa Bulletin

At a Glance 

What can we expect to see in the month of December?

Employment-Based Categories

  • The Final Action Date for India EB-2 will advance by two weeks to August 1, 2012
  • The Final Action Date for India EB-3 will advance by one week to November 8, 2012
  • All other employment-based Final Action Dates and Dates for Filing will remain the same in December as the previous month

Family-Sponsored Categories

  • All family-sponsored Final Action Dates and Dates for Filing will remain the same in December as the previous month

For more details, please see our analysis of the December 2024 Visa bulletin below.

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The aftermath of the presidential election has sent shockwaves throughout the immigrant community.

In just 70 days, Donald Trump is set to become the next President of the United States. That means that major changes are coming to immigration law and policy.

In this video attorney Jacob Sapochnick explains what Trump’s victory means for immigration, including his promise to execute mass deportations throughout the United States, as well as other controversial immigration policies that he is expected to implement when he takes office on January 20, 2025.

Want to know more? Just keep on watching

Overview

Mass Deportations

Throughout his campaign, Trump has called for mass deportations nationwide which he has said will be the “largest deportation effort in American history. “

It is said that his advisors are discussing whether they can declare a “national emergency,” to allow the government to call upon military officials to detain and remove undocumented migrant gang members from the United States. His campaign has also suggested ending sanctuary cities to remove suspected criminals, including drug dealers and cartel members from the population.

His promises also include hiring thousands of border patrol agents to secure the southern border to deter illegal immigration.

Trump’s Top Five Policies Targeting Immigration Law

The following are the top 5 areas where Trump’s policies will have the greatest impact in the lives of immigrants in the United States.

Immigrants should understand the potential challenges they could face under the Trump administration and consult with an experienced immigration attorney to create a plan of action in the months ahead. It is important to do so as soon as possible, because sensitive cases may call for immediate action before Trump is inaugurated.

#1 Asylum Restrictions

During Trump’s presidency in 2017, his administration was responsible for implementing widespread asylum restrictions. It is likely that his administration will re-implement many of his previous immigration policies, which limit asylum applications.

His policies are also likely to restrict asylum applications at the border, as they did during his first term in office.

Examples of Asylum Restrictions:

In 2020, the Trump administration published 7 final rules in the Federal Register to:

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In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.

To learn more, please keep on watching this video.

What is Keeping Families Together?

The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.

Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.

Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.

In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.

Federal Judge Temporarily Halts Parole in Place Program

On August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) began accepting online applications for parole in place, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Several days later, the state of Texas along with 15 other states filed a lawsuit challenging the legality of the program.

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In this video, we share some big news recently announced by the Biden administration.

The President has issued a new executive action on immigration that will soon allow undocumented spouses of U.S. Citizens to apply for permanent residence without having to depart the United States, if they have resided in the United States for at least ten years as of June 17, 2024.

Who does this apply to?

This order applies to undocumented spouses of U.S. Citizens who entered the country without inspection and have continuously resided in the United States since their entry.

Later this summer, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) will implement Biden’s new program called “parole in place” which will allow such undocumented spouses to apply for their green cards.

Those who are approved for “parole in place” will be given a three-year period to apply for permanent residency. During this period, spouses can remain with their families in the United States and be eligible for work authorization.

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In this video, attorney Jacob Sapochnick shares everything you need to know about the February 2024 Visa Bulletin including a few changes in the employment based and family-sponsored preference categories. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.

Adjustment of Status Filing Chart February 2024

As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of February 2024 to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

What Changes Can Be Seen Next Month?

Employment-based categories

  • The February Dates for Filing remain the same as January 2024

Final Action Dates

  • EB-1 Worldwide: Final Action Dates will remain current.
  • EB-2 Worldwide: Final Action Dates will advance by two weeks to November 15, 2022.
  • EB-3 Professional/Skilled Workers: India will advance by one month to July 1, 2012. Final Action Dates for the remaining countries in this category will advance by one month to September 1, 2022.
  • EB-3 Other Workers: India will advance by one month to July 1, 2012.
  • EB-5: The EB-5 China Unreserved Final Action Date will advance by one week to December 15, 2015.

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Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.

In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.

Overview

It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.

As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.

What are some of Trump’s immigration proposals if he were re-elected in 2025?

Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.

Getting Tough on the U.S. Mexico Border

  • Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
  • Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
  • Completion of the Southern border wall which was part of his immigration agenda as President

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