WHAT DOES THE IMMIGRATION LANDSCAPE LOOK LIKE WITH THE ARRIVAL OF DONALD TRUMP TO THE PRESIDENCY?

November 27, 2024

Since Donald Trump’s victory as president was announced, one of the biggest questions has been about the measures the president will take regarding immigration.
People from other countries who do not have citizenship have begun to seek information and contact lawyers for advice on finding the best ways to protect themselves from possible actions by Trump. Even those with permanent residency have felt nervous about the measures the new administration may take.

Although it is still too early to know exactly how laws will be implemented and enforced, Trump and some of his closest advisers have already shared some details on how he plans to proceed.
At Pikes Peak Immigration, we have compiled some of the main news stories published in recent weeks to give a glimpse of what is to come:

Reuters reported that the first actions to intensify the enforcement of immigration laws and reverse legal entry programs «will be led by incoming ‘border czar’ Tom Homan and other hardline Republicans on immigration.»

On the other hand, unofficial sources have also mentioned that among the president’s intentions is to end «the humanitarian programs of President Joe Biden, which allowed hundreds of thousands of migrants to enter legally in recent years and could encourage those with expired statuses to leave voluntarily, according to sources who requested anonymity.»

Regarding deportation, Reuters states, “Trump’s first executive actions would launch his immigration agenda, which includes the promise to deport a record number of immigrants living illegally in the U.S. Trump intends to further reduce illegal crossings and adopt a whole-of-government approach to arrest, detain, and deport a large number of people. Trump’s order would require deportations to prioritize people accused of serious crimes and those who have exhausted their legal options to remain, but it would not restrict officers from picking up other potentially deportable immigrants.”

Currently, there are at least 13 million undocumented immigrants living in the U.S. and it is estimated that 1.4 million immigrants in the U.S. have final deportation orders, according to ICE, a group that will be the focus of the incoming Trump administration.

«Another order would address border security, said the sources. Trump intends to send National Guard troops to the border and declare illegal immigration a national emergency to unlock funds for the construction of the border wall,» the sources said.

Meanwhile, programs like PAROL and DACA are feeling heavily threatened by decisions Trump may make in the future. This is due to the fact that during his previous term, he targeted these programs, and it is believed that in this new term, he will take radical steps against them.

What will Trump’s possible strategy be to achieve his goal?

An article published by The New York Times commented, «Voters from both parties were frustrated by the chaos at the border during President Biden’s administration. Trump campaigned with the promise of mass deportations and last week stated that he intended to declare a national emergency and use the U.S. military to achieve his goal. His top immigration policy advisor, Stephen Miller, has said that ‘large detention facilities’ would serve as ‘processing centers’ for the operation. This week, the Texas state land commissioner offered the federal government more than 1,000 acres near the border to build detention centers.»

The New York Times article also mentions, “Homan has said that the administration will prioritize deporting criminals and individuals with pending deportation orders, but he also mentioned that there will be workplace raids and the use of other tools to detain undocumented immigrants, many of whom have lived in the country for decades.”

«A particular concern is the arrival of the winter holidays when many international students might visit their home countries. On his first day in the White House in 2017, Trump banned entry to the U.S. for people from predominantly Muslim countries, which created chaos at airports. The measure was challenged in court, but a later version survived.»

Another strategy he plans to apply is:

In another article published by the BBC, it is mentioned that another tactic proposed by Homan to achieve immigration order is «cutting federal funding to states that do not cooperate with the administration’s promises of mass deportations of undocumented immigrants.» Several states, including California, Illinois, New Mexico, and Arizona, have promised to oppose Trump’s plans, and legal challenges are almost certain.

«Among the states whose governors have said they will not assist with mass deportations are California, Arizona, and New Mexico, three of the four U.S. states along the U.S.-Mexico border. Immigrants hope that Trump’s mass deportations will only target ‘criminals.'»

Preliminary data obtained by CBS, the U.S. partner of the BBC, suggests that U.S. Border Patrol is on track to record fewer than 50,000 migrant detentions crossing the U.S.-Mexico border in November. In September, the number of detentions at the border stood at about 54,000, far below the historic high of 302,000 recorded in December 2023.

Despite Trump and his cabinet’s plans to fulfill all their promises on immigration by January 20, and despite the work being done on all the mentioned strategies, many questions remain about whether it will truly be possible to fully implement these intentions, considering the various economic and legal factors that could pose significant obstacles.

Although Trump will likely make life harder for immigrants, we will not be scared or intimidated. Immigrant rights are human rights. We are here to uphold those rights and we will continue fighting for you every step of the way. President- Elect Trump and his administration cannot change the fundamentals or content of immigration law.

That means that the core of immigration law such as temporary visas, asylum, VAWA, Special Immigrant Juvenile Status, adjustment of status to a permanent resident and naturalization to become a citizen will remain available. Only the U.S. Congress can change immigration law, which is unlikely because both the Senate and the House are divided and cannot agree regarding changes to immigration law. However, Trump and his administration are likely to slow down the processing of cases and to increase immigration enforcement. In light of Trump’s election, Pikes Peak Immigration is more resolute than ever to protect our client’s rights in Colorado and beyond. We will continue to be defenders of immigrant rights.

If you need help with your case, call us at 719-602-4477.

Sources of information:

https://www.bbc.com/news/articles/cdxv0ey94gxo

https://www.reuters.com/world/us/trumps-day-one-deportations-border-wall-scrapping-biden-humanitarian-programs-2024-11-12

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Policy Change at the Department of Justice: Temporary Immigration Judges No Longer Required to Have Prior Immigration Law Experience

By 7070266136 • September 10, 2025

In a significant shift in the Trump administration’s immigration policy, the Department of Justice (DOJ) has announced that temporary immigration judges will no longer be required to have experience in immigration law. This new rule, published on August 28 in the Federal Register, comes in response to the growing backlog in immigration courts, which now exceeds 3.7 million pending cases. The Executive Office for Immigration Review (EOIR), which oversees immigration courts, will now allow the selection of temporary judges without prior experience in immigration law, provided they receive approval from the Attorney General. According to the DOJ, this change aims to address the severe delay in immigration cases by expanding the pool of potential candidates for the courts. Previously, temporary judges were required to be former immigration judges, administrative law judges, or attorneys with at least ten years of experience in immigration law. Among the justifications cited in the announcement, it states that: "Experience in immigration law is not always a reliable indicator of success as an immigration judge, and the EOIR has hired individuals from other federal agencies and departments without prior immigration experience who have been successful and have become role models," the notice reads. The announcement comes after more than 100 immigration judges were dismissed or reassigned in early 2025, significantly reducing the number of permanent judges. While the Department of Justice maintains that this measure is intended to address the mounting workload, critics and immigrant advocates argue that the policy appears politically motivated, with the goal of accelerating deportation proceedings. Increase in Temporary Judges and Involvement of Military Attorneys In addition to this regulatory change, the Department of Defense (DOD) has approved the deployment of up to 600 military attorneys to serve as temporary immigration judges, effectively doubling the number of immigration judges under the DOJ. These temporary judges have renewable six-month terms and are intended to support—but not replace—permanent judges. However, this shift has raised concerns about the politicization of immigration courts. Temporary judges, including military attorneys, could be more vulnerable to political pressure, given that their appointments depend on continued approval from the administration. This type of structure could compromise the impartiality of the courts and increase perceptions that immigration decisions are more politically driven than based on legal facts. Concerns About Legality and Due Process The recent changes have also drawn legal scrutiny. The assignment of military attorneys to judicial roles may violate the Posse Comitatus Act, which restricts the use of the armed forces in enforcing civilian law. Additionally, some human rights experts worry that temporary judges lacking adequate immigration law experience may not possess the necessary knowledge to ensure due process for migrants. Immigrant advocates warn that this trend could further politicize immigration courts and undermine the rights of immigrants, who are already navigating an extremely overburdened judicial system. As immigration courts increasingly rely on military attorneys and other temporary judges, it becomes even more critical for Congress to enhance oversight of these processes to ensure judicial independence is upheld. Reactions and Future Outlook This policy change has drawn criticism not only from immigrant advocacy groups but also from some of the dismissed immigration judges, who claim the recent decisions were politically motivated and, in some cases, rooted in gender discrimination. The Department of Justice, for its part, insists that the reform is a necessary response to the growing backlog of immigration cases and that it will enable a more efficient immigration justice system. As this new policy takes effect, it is expected that new legal challenges will emerge regarding its legality, particularly concerning the role of military attorneys in immigration courts. Nonetheless, the debate over court independence and access to fair legal proceedings will remain a central issue in the ongoing reform of the U.S. immigration system.

Arrests of undocumented immigrants outside immigration courts have increased.

By 7070266136 • May 29, 2025

According to sources such as Newbreak, several specific cases have emerged where a judge dismisses the case during the hearing, but ICE officers are waiting outside the courthouse to detain the individual as they leave. Newbreak.com recently reported that at least eight arrests of this kind have taken place in Memphis, with similar cases occurring in other parts of the country as well. One of the most recent known cases involved a 20-year-old Venezuelan student who was arrested by ICE officers after leaving a courtroom in New York. The young man, named Dylan, was in the process of applying for asylum. He attended the hearing with his mother, without a lawyer, believing it was a routine appearance that would have no consequences. In another instance, four asylum seekers were arrested by ICE on May 27, 2025, at the San Francisco Immigration Court while attending hearings to present their asylum applications. According to an article published by La Nación, a New York judge reported that ICE agents have been arresting undocumented immigrants inside state courthouses, despite existing laws that prohibit such practices. These arrests have raised serious concerns among civil rights advocates and immigrant communities, particularly in light of the stricter immigration policies implemented since Donald Trump returned to the presidency in January 2025. Importantly, in most of these cases, the individuals arrested attended their hearings without legal representation. This likely contributes to the effectiveness of these arrests, as ICE may be taking advantage of the detainees’ lack of legal knowledge. While having an attorney present does not guarantee protection from arrest, it is considered a significant advantage. Legal representation can help build a stronger case and present more compelling legal arguments to prevent arbitrary detention. At Pikes Peak Immigration, we continue to fight for the rights of our immigrant communities. If you need legal guidance, don’t hesitate to contact us at 719-602-4477.

Justice Department Fired Attorney Who Opposed the Erroneous Deportation of an Immigrant

By 7070266136 • May 9, 2025

On April 15, 2025, the U.S. Department of Justice fired immigration attorney Erez Reuveni following his handling of the case of Kilmar Abrego García, a Salvadoran man who was mistakenly deported to El Salvador. Reuveni had acknowledged during a court hearing that the deportation was an "administrative error" and expressed frustration over the government's failure to provide clear answers on how to reverse the situation. According to CNN, “Reuveni was initially placed on administrative leave days after expressing frustration over the government's inability to provide answers to a judge’s questions in the case. In court, he said of the government’s position: ‘Our only arguments are jurisdictional... He should not have been sent to El Salvador.’” His dismissal was interpreted as a consequence of failing to fully support the administration’s official position. Attorney General Pam Bondi defended the decision, stating that lawyers must “zealously” advocate for the administration’s policies or face consequences. Presidential advisor Stephen Miller downplayed the error, blaming it on a poorly worded line written by the attorney. However, Reuveni’s case is not an isolated incident. According to NBC Boston, “The U.S. Department of Justice has fired more than two dozen employees, most of whom worked in immigration courts... An immigration judge assigned to Massachusetts, who was fired on Friday, and the union representing immigration judges nationwide are speaking out about the dismissals, which come as President Donald Trump moves swiftly to reduce the federal workforce.” As for Kilmar Abrego, “a federal judge ordered his return to the U.S., but the U.S. Supreme Court temporarily blocked the order. The president of El Salvador, Nayib Bukele, refused to facilitate his return, labeling him a ‘terrorist’ and claiming he would not ‘traffic a terrorist back into the U.S.,’” El Salvador News recently reported. Despite intimidation and increasingly harsh immigration policies, at Pikes Peak Immigration, we continue to defend immigrants and pursue every solution to keep families together.