Donald Trump assumes office as President of the United States tomorrow and many are concerned due to their immigration status or lack thereof. Immigration attorneys expect significant shifts in U.S. immigration policy but are waiting to see the changes. Immigration attorneys will have to be vigilant long beyond January 20th. The administration has outlined an assertive agenda aimed at overhauling current immigration systems. Here are key changes that are anticipated based on comments from Trump and those likely to be involved with the new administration:
1. Initial Mass Deportation Efforts
One of the administration’s primary objectives is to commence large-scale deportations of undocumented immigrants. Plans include deploying substantial resources to target individuals residing in the U.S. without legal authorization. For instance, operations are set to begin in cities like Chicago, involving approximately 200 officers focusing on individuals with criminal records, including minor offenses.
2. Reinstatement and Expansion of Border Policies
The administration intends to reinstate policies from President Trump’s earlier term, such as the “Remain in Mexico” program, which requires asylum seekers to wait in Mexico during their U.S. immigration proceedings. Additionally, there is a push to end birthright citizenship for children of illegal immigrants, a move that would significantly alter long-standing interpretations of the 14th Amendment. This will likely involve a fight in Congress and the Courts.
3. Utilization of Emergency Powers
To facilitate these initiatives, the administration has indicated it will invoke various emergency and wartime laws, including the Insurrection Act and the National Emergencies Act. This approach aims to leverage military assistance in immigration enforcement, which raises legal and ethical considerations, particularly concerning the Posse Comitatus Act, which limits military involvement in civilian affairs.
4. Establishment of Detention Facilities
Plans are underway to create extensive detention centers near the U.S.-Mexico border to accommodate the increased number of detainees resulting from the intensified enforcement actions. These facilities are intended to serve as staging grounds for processing and deporting undocumented individuals. It is important for most who find themselves in one of these detention centers that they have a right to a hearing in front of an immigration judge before removal to plead their case.
5. Deputization of State and Local Authorities
The administration seeks to deputize local police officers, sheriffs, and National Guard units as immigration enforcement agents. This strategy aims to enhance the capacity for large-scale raids and arrests across various states, including those with sanctuary policies. The administration will likely seek to penalize local and state authorities that defy federal immigration law because federal law trumps local and state laws.
6. Elimination of Advance Parole to acquire Legal Entry
Certain immigrants, such as those on TPS or DACA, could request Advanced Parole under the Obama and Biden administrations. It permits an individual to travel for qualified reasons, such as visiting family, attending funerals, or fulfilling professional or scholastic obligations abroad. It is a key strategy in immigration because if a person is successfully granted reentry into the United States, they will have legal entry. A person with a legal entry will not have to apply for a waiver for any unlawful presence in the United States if they have a path to apply for permanent residency (Green Card). We know that the Trump administration suspended this during the last administration and it will likely be the case during this administration.
Implications for the migrant community
These policy shifts are poised to have profound effects. For immigrants in the United States without documentation, the administration will prioritize who they seek to remove first. Criminals and those with minor convictions will be top of the list. Those who have deportation orders already are likely next. The administration will likely seek to enforce and make the E-Verify program more robust, requiring employers to verify a potential employee’s immigration status and right to work in the US. Onerous fines will accompany violations. If immigrants cannot work, they will have to self-deport. A bright side for immigration is that there may be a push for efficiencies in the agencies that adjudicate immigration applications. Applications that take months to years to adjudicate, may see that time cut.
Conclusion
The incoming administration’s immigration policies significantly depart from previous approaches, emphasizing stringent enforcement and substantial structural changes. As these developments unfold, affected individuals and communities must stay informed and seek legal counsel to navigate the evolving landscape. Nearly all cases, an immigrant is not here illegally until an immigration judge has made that determination. It is important to fight your case.