A Breakdown of Potential Immigration Policy Changes Under Trump

Donald Trump is set to take the United States presidency in January 2025. Much of his campaign focused on tightening border security, initiating mass deportations, and curtailing many lawful immigration pathways. Presumably, his immigration policies would reflect his prior administration's focus on strict border security and reforming legal immigration. This article will focus on potential changes we may see. These conclusions are not fact, but rather, are based on a mix of:

• Our office’s experience working within Trump’s first administration,
• The 2025 Presidential Transition Project, known more simply as “Project 2025,” a political initiative created by the Heritage Foundation in 2023 aimed at restructuring and reshaping the executive branch should a Republican or conservative president take office in 2025, and
• Trump’s past statements and campaign promises.

Possible Changes to Immigration Policy

1. Stricter Border Enforcement

Trump's presidency was marked by efforts to curtail illegal immigration, particularly through physical and policy barriers. A re-election would likely include:

• Restarting Border Wall Construction: Trump heavily promoted the border wall as a centerpiece of his immigration policy. He would likely resume construction and expand its reach.
• Remain in Mexico Policy (MPP): This policy required asylum seekers to wait in Mexico while their U.S. cases were processed. It could be reinstated to deter illegal crossings.
• U.S. Military at the Border: Project 2025 calls for “using military personnel and hardware” to curtail border crossings. It also asks that the government enact new laws to shut down the border.

2. Increased Deportations:

• A renewed focus on removing undocumented immigrants, particularly those with criminal records, could become a priority.
• Project 2025 asks that Immigration and Customs Enforcement (ICE) use “expedited removal”, an administrative procedure and process typically used near a U.S. border, and one that raises significant concerns about due process. Expedited removal is used against non-citizens found anywhere within the country. It would enable raids in sensitive zones like schools, hospitals, and religious institutions if CBP could plausibly argue that the non-citizen is within a certain mile range of a “port of entry,” including airports and seaports.
• Project 2025 calls for increased ICE detentions, more than doubling the number of detained non-citizens, up to 100,000 on any day. Project 2025 asks the new government in power to subject more non-citizens to mandatory deportation, regardless of whether they are a danger or risk to the public.

3. Limitations on Legal Immigration

Trump's administration sought to reduce legal immigration through stricter criteria and reduced visa caps. Likely changes could include:

• Ending Temporary Protected Status: Project 2025 asks the government to end all Temporary Protected Status (TPS) designations, which would cause nearly 700,000 non-citizens and roughly 175,000 Ukrainians to lose their work authorizations and lawful immigration status. Many, if not most, TPS beneficiaries have remained in the United States legally for decades, living and working here without legal issues.
• Ending Protections for Victims of Crimes and Human Trafficking: Project 2025 asks the government to cease the T and U Visa benefits in full. T Visas are a pathway for victims of severe human trafficking to obtain a work permit, the right to remain in the United States, and eventually apply for lawful permanent residency if they choose to do so. The U Visa program is a similar benefit aimed at victims of certain crimes enumerated by Congress. Each benefit requires the non-citizen to work with law enforcement to bring the suspects of illegal activity to justice and is meant to benefit the non-citizen victim in cooperating with law enforcement.
• Tightening Refugee Admissions: Historically, Trump reduced refugee admissions significantly. Similar reductions could occur.
• Shifting to a Merit-Based Immigration System: A shift from family-based immigration to a system prioritizing skills and economic contribution may be emphasized.
• Restricting H-1B Visas: Stricter rules for skilled worker visas could affect industries reliant on foreign talent.

4. Repeal of DACA Protections

Deferred Action for Childhood Arrivals (DACA), which shields undocumented individuals brought to the U.S. as children from deportation, faced legal challenges under Trump. He might seek to end the program permanently.

5. State Cooperation in Enforcement

Trump's administration encouraged states to assist federal immigration efforts, using financial incentives and penalties. This could expand, potentially leading to heightened collaboration or controversial policies like sanctuary city crackdowns.

6. Immigration Enforcement in the Workplace

Employers may face heightened scrutiny under Trump's renewed leadership, with potential increases in workplace raids and penalties for hiring undocumented workers.

7. Public Charge Rule Reinstatement

Trump's "public charge" rule, which restricted immigration for individuals deemed likely to rely on public benefits, could be revived, limiting access for lower-income applicants.

Challenges and Pushback

If Trump returns to office, legal and political opposition from immigrant advocacy groups, states, and potentially Congress could slow or block the implementation of many policies. His administration would also have to navigate the effects of court rulings from his first term that invalidated certain measures. Notwithstanding Congress’s full backing and changes to the actual immigration laws themselves, much of Trump’s promises may fall short.

Conclusion

Donald Trump's approach to immigration is marked by a focus on enforcement and restricting pathways for both undocumented and legal immigrants. A renewed presidency would likely see a continuation and expansion of these priorities, setting the stage for significant shifts in U.S. immigration policy. However, opposition and the practical challenges of implementation could temper some of his goals.

WRITTEN BY

Michael G. Ibrahim, Esq.
Founder & Principal Attorney

Ibrahim Law Office

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Michael G. Ibrahim, Esq.
Founder & Principal Attorney — Ibrahim Law Office

DePaul University College of Law
J.D., 2013
Certificate in Public Interest Law

University of Illinois at Urbana-Champaign
B.A. Political Science & International Studies, 2010

Benjamin Hooks Public Interest Law Scholar

Editor, Journal for Social Justice — DePaul University

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