On Monday, January 20, President-elect Trump will take office for his second term. Immigration practitioners take some level of comfort in having already dealt with four years of a Trump presidency. However, rhetoric from the Trump campaign along with hardline appointees to the new Trump administration indicate that a more restrictive and punitive approach to immigration is in our immediate future.
Most notably, President-elect Trump's appointments of Stephen Miller as Deputy Chief of Staff for Policy, Thomas Homan as "border czar," and Kristi Noem as Secretary of the Department of Homeland Security signal a new era of enforcement and a restrictionist approach to lawful immigration.
This article discusses potential impacts on various aspects of US immigration.
Arrest and Removal of Undocumented Individuals
It is very clear that the Trump administration's primary focus will be on removing undocumented individuals. President-elect Trump repeated in prepared remarks during his campaign, "On Day one, I will launch the largest deportation program in American history." Thomas Homan stated earlier this year, "I will run the biggest deportation force this country has ever seen." At the recent Trump campaign rally at Madison Square Garden, Stephen Miller made the statement, "America is for Americans and Americans only."
Impact to Individuals
Putting aside the fact that all individuals have a right to an administrative hearing prior to being removed from the United States, those in the United States without lawful status will live in fear of being arrested and confined, and having their family members held separately.
Impact to Employers
Employers in industries that are known or suspected to have a high percentage of unlawful workers (e.g., manufacturing, agriculture, food processing, hospitality, construction, and service occupations) face the risk of having Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) conduct onsite workplace raids.
Employers in these target industries should have a plan in place if HSI agents arrive unannounced, and should ensure that frontline personnel are aware of the plan; know who within or outside the company should be contacted in the event of a workplace raid; and know what procedures may be in place to support and protect employees.
For a set of detailed recommendations on how to handle a workplace raid, please contact your Mintz immigration attorney.
Elimination of Existing Immigration Benefits
The incoming Trump administration will likely consider terminating or letting lapse a number of existing programs that benefit foreign nationals, including:
Deferred Action for Childhood Arrivals (DACA)
DACA was enacted by the Obama administration in 2012, through a memorandum from the Department of Homeland Security (DHS). DACA provides temporary relief from removal, and eligibility for work authorizations, to certain individuals who came to the US prior to their 16th birthday, and who have resided continuously in the US since June 15, 2007. USCIS estimates that over 578,000 individuals are currently in DACA status.1
The program has been subject to several legal challenges, including a rescission of the rule by President Trump in 2017, which was ultimately overturned by the Supreme Court.2 President Biden published a regulation in 20223 to preserve DACA.
The DACA program is already on life support. In September 2023, a US District Court in Houston ruled that the DACA program was unlawful.4 The Biden...
