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

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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