After his inauguration, President Trump signed several executive actions addressing different areas, including immigration. As expected, Trump quickly reversed many immigration policies from the Biden administration. He also signed orders to limit birthright citizenship and other immigration-related issues. Legal challenges are expected in response. Below is a summary of the key immigration actions.
Invasion at the Southern U.S. Border
Trump declared an “invasion” at the U.S.-Mexico border, stopping people from entering the U.S., including asylum seekers. Asylum claims are suspended until the invasion is over. People seeking entry on public health grounds must provide medical proof and background checks.
The Department of Homeland Security (DHS), Attorney General, and Secretary of State are authorized to take actions to remove people considered part of the invasion.
State of Emergency at the Southern U.S. Border
This order allows U.S. military and National Guard forces to help with border security and continue building the border wall. More detention space and repatriation flights are also planned.
Border Security
The order prioritizes building barriers, including the border wall. People found breaking immigration laws will be detained while waiting to be removed from the U.S. They will not be released into U.S. communities. The Remain in Mexico program is also reinstated, meaning asylum seekers must wait in Mexico until their immigration hearings.
End to CHNV Parole Program
Trump ended the parole program for people from Cuba, Haiti, Nicaragua, and Venezuela. This program allowed certain individuals from these countries to come to the U.S. temporarily with permission to work. The website for this program has been removed.
Birthright Citizenship
Trump signed an order challenging the Fourteenth Amendment, which grants citizenship to anyone born in the U.S. The new rule says children born in the U.S. to parents who are not legal residents will not automatically be U.S. citizens. This includes children of parents with temporary legal status, such as student or work visas.
Trump’s administration expects legal challenges, and the ACLU has already filed a lawsuit, arguing birthright citizenship is constitutionally guaranteed.
CBP One App Stopped
The CBP One app, used during the Biden administration to help asylum seekers schedule appointments at the border, is now inactive. All appointments made through the app have been canceled. Legal groups are asking for emergency hearings regarding this decision.
Suspension of Refugee Admissions
Starting January 27, 2025, refugee admissions will be suspended. The DHS Secretary and Secretary of State can admit refugees on a case-by-case basis if it’s in the national interest. Refugees must be able to fully integrate into U.S. society. A report will be given to Trump in 90 days to decide whether to resume refugee admissions, with additional reports every 90 days after that.
Cartels Identified as Terror Organizations
The Secretary of State can recommend designating certain groups as foreign terrorist organizations if they pose a serious threat to the U.S. economy, foreign policy, or national security. This includes cartels in Mexico. If cartels are labeled as terrorist groups, the U.S. could use wartime powers to detain and remove people from enemy countries. Military action in Mexico is also possible.
Enforcement Priorities
U.S. Immigration and Customs Enforcement (ICE) is directed to focus on prosecuting noncitizens who enter the U.S. illegally or stay without authorization. DHS is tasked with building detention facilities to hold violators. Local governments may also assist with immigration enforcement. Additionally, DHS will create policies to encourage illegal immigrants to leave the U.S. voluntarily. If countries refuse to take back their citizens, the Secretary of State can impose sanctions.
As Mr. Trump has emphasized many times, immigration is a key focus area of his presidency. Our attorneys actively monitor ongoing updates to U.S. immigration, working with our clients in their specific situations to ensure they get expert advice with the current laws. Contact us if you have questions about any family-based or employment-based U.S. immigration matter.