The Trump Immigration Agenda 2025: Top 5 Biggest Changes to Come

by

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:

(1) return asylum seekers to El Salvador

(2) impose a historic fee on asylum applications and 800% fee increase for appeals

(3) overhaul the asylum system new bars on relief

(4) label asylum seekers a “danger to national security”

(5) reinstate the “transit ban,” barring asylum seekers who traveled through another country

(6) eliminate access to appellate review and

(7) deny protection to asylum seekers and torture survivors who fail to apply within two weeks of their first hearing

These measures made it increasingly difficult for applicants to request asylum. The courts will continue to be a mechanism to protect asylum from coming under attack.

If you are an asylee in the United States, currently waiting for an immigration hearing, or asylum interview to be scheduled, you will likely experience even longer wait times during the Trump administration.

Plan ahead by scheduling a consultation with your attorney.

#2 The Remain in Mexico Program

The Trump administration is expected to re-implement the “Remain in Mexico” policy, requiring asylum seekers to remain in Mexico until their immigration court date. The policy was ended by the Biden administration. Mexico’s Ministry of Foreign Affairs has rejected efforts to reinstate the policy for asylum seekers.

If the policy re-emerges it is likely to be challenged in federal court.

#3 The Return of the Muslim Travel Bans

In 2017, President Trump signed Executive Order 13769, Protecting the Nation from Foreign Terrorist Entry into the United States, which banned people from six Muslim-majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) from entering the United States for 90 days. It also significantly lowered the cap for refugee admissions from 110,000 to 50,000.

Lawsuits were later filed challenging the executive order, leading the U.S. appellate court to issue a temporary restraining order that stopped the ban from taking effect.

Trump has promised to reinstate the Muslim travel bans and prevent refugees from entering the United States.

In a recent campaign speech, he stated, “I will ban refugee resettlement from terror infested areas like the Gaza Strip, and we will seal our border and bring back the travel ban. Remember the famous travel ban? We didn’t take people from certain areas of the world. We’re not taking them from infested countries.”

If you are a national of any of the Muslim majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) you may be subject to these bans if they are reinstated. For that reason, if you are seeking to apply for a U.S. visa, you must take action before Trump takes office.

To explore your options, please consult with an immigration attorney as soon as possible.

#4 The Public Charge Rule for Green Card Applicants

In 2019, the Trump Administration announced a final rule changing the public charge policies used to determine whether an individual applying for immigrant visas or adjustment of status (permanent residency) could be found inadmissible to the United States, based on a finding that they are likely to become a “public charge.”

Under the law, the federal government can deny entry into the U.S. or permanent residency (i.e., a green card) to such individuals that have been found likely to become a public charge.

The rule allowed USCIS to consider use of certain previously excluded public benefit programs, including non-emergency Medicaid for non-pregnant adults, the Supplemental Nutrition Assistance Program (SNAP), and several housing programs, in public charge determinations.

These changes created barriers for individuals to obtain permanent residency and immigrant visas. It also discouraged immigrants from seeking Medicaid or other public benefits they were entitled to receive for their families and U.S. Citizen children.

Luckily, the Biden administration rescinded these policies.

Upon his return to office, President Trump is very likely to reinstate these public charge policies, leading to a possible surge in denials for applications for permanent residency and immigrant visas.

If you are a U.S. Citizen interested in immigrating a qualifying relative, you should take action before any changes to the public charge rule are implemented.

#5 Border Policy and Family Separation

During Trump’s first term in office, strict border policy measures led to prolonged family separation. Title 42 was used to expel thousands of unaccompanied children causing safety concerns and outrage over the wellbeing of these children.

It is expected that Trump will continue to use Title 42 to expel undocumented immigrants and unaccompanied minors from the United States when he takes office.

We expect for the Trump administration to get even tougher on border security in the months and years ahead.

Conclusion

This all leads to our final conclusion that the Trump administration will make immigration more complicated. Legal immigration will also be impacted. As you may remember, during Trump’s first term in office, the number of denials and requests for evidence issued by the U.S. Citizenship and Immigration Services (USCIS) increased dramatically especially for H-1B work visas.

Unfortunately, applicants need to prepare for the worst. Discuss your case with an immigration attorney and determine your best course of action moving forward. If you need our help, our attorneys are standing by to keep you on the right path.

For more information, please see our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

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.