President Trump has been back in office one week and has made immigration a clear priority. The administration’s aggressive actions on immigration have sparked widespread debate and legal challenges, indicating a contentious path ahead for U.S. immigration policy over the coming years.
He has started by issuing a number of Executive Orders targeting immigration, including:
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“Protecting the Meaning and Value of American Citizenship”
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This EO aims to tighten the criteria for acquiring US citizenship, such as making the pathways for naturalization stricter and emphasizing assimilation and adherence to US values. Importantly, it also seeks to end birthright citizenship for children born in the US to non-citizen parents under certain circumstances (includes those born in the US to parents on visas, under the VWP, or undocumented) after February 19, 2025.
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This EO is particularly controversial and its implementation has already been blocked in court thanks to lawsuits immediately filed – so it will be enforceable without substantial changes.
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“Protecting the US from Foreign Terrorists and Other National Security and Policy Threats”
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This EO directs the Departments of State and DHS to implement enhanced vetting and screening procedures for visa applicants, and expand information-sharing requirements between the U.S. and foreign governments, particularly those identified as having deficient information-sharing practices or posing security risks. No specific countries have been identified here for any bans at this time, but they can be anticipated.
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We may see more requests for evidence and denials for applications filed within the US, and increased backlogs, visa issuance delays, in-depth visa interviews, and an uptick in administrative processing at Consulates and Embassies worldwide. This could lead to discriminatory practices targeting specific countries.
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“Securing our Borders”
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This EO mandates the continued construction of the wall between Mexico and the US, while highlighting the urgency of the situation due to the growing number of daily crossings. It also called for increased personnel deployment, detention policies, and the resumption of migrant protection protocols.
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This could lead to human rights concerns and damaging the already strained diplomatic relations with US neighbouring countries.
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“Declaring a National Emergency at the Southern Border of the United States”
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This EO discussed the increased levels of immigration, human trafficking, criminal gang and terrorist activities, and drug smuggling and authorized the Department of Defense to deploy additional military personnel to assist the Department of Homeland Security at the border. It also discussed the continued completion of the wall.
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“Executive Order Protecting the American People Against Invasion”
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This EO mandates federal agencies to process final deportation orders on a quicker basis while expediting the removal of those who were not lawfully admitted and who did not apply for asylum. It clarifies that those with offenses related to their unauthorized entry or with longer periods of unlawful presence to be prioritized. Humanitarian parole programs like Temporary Protected Status may be limited. Finally it authorized state and local law enforcement to perform the functions of immigration officers (despite their training), broading the scope of immigration enforcement.
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“Realigning the United States Refugee Admissions Program”
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This EO suspended the entry of refugees in the US, effective now- citing the US’ capacity in terms of resources, safety, and security, to continue admitting refugees. Exceptions may be made on a case-by-case basis.
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Importantly, President Trump has rescinded a number of Biden Administration executive orders (EO: “Initial Rescissions of Harmful Executive Orders and Actions”), including those related to reducing barriers in legal migration (streamlining many USCIS processes), and notably one related to attracting and retaining foreign AI and STEM talent. It also reinstated the Public Charge Rule, and revoked orders supporting sanctuary jurisdictions.
President Trump also terminated the CBP One app – which was used to facilitate legal entry by asylum seekers to schedule appointments at ports of entry, to provide smoother entry. The shutdown left around 270k migrants in Mexico with cancelled appointments and no clear route to apply for asylum.
The Lake Riley Act was enacted last week- mandating the detention of undocumented individuals accused of crimes such as burglary, larceny, shoplifting, and more, and allowing state attorneys general to sue the federal government if they believe there were failures in enforcing immigration laws. It’s gained significant criticism, particularly over concerns for mandatory detention without conviction and potential racial profiling, as well as the overcrowding of detention centers.
Deportation flights began this week. In an effort to speed up deportations and minimize the strain on commercial resources- undocumented individuals who had deportation orders were returned to their home countries on military aircrafts. Colombian President Gustavo Petro refused to allow military aircrafts carrying around 160 deported Colombians to land. This has already lead to a tariff dispute- with President Trump imposing a 25% tariff on Colombia with a thread to increase it to 50% if they don’t accept their nationals. Colombia retaliated with similarly raised tariffs. President trump also announced the suspension of visa issuance to Colombian nationals. As of today, Colombia has agreed to accept the repatriated nationals.
Finally, effective January 25th, Kristi Noem, the former Governor of South Dakota, has been confirmed as the new Secretary of Homeland Security under President Donald Trump. She has held a hardline and strong stance against immigration, and despite her lack of direct experience in the immigration sphere, she will now be responsible for border security, deportations, and the administration of immigration laws.
Please feel free to reach out to Aryanah Eghbal ([email protected]) with questions or concerns regarding the impact of these policies and how to navigate the changing immigration landscape.
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