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December 22, 2024

Impacts of Trump presidency on U.S. immigration

How border security, asylum protected status, and employment may change

The presidency of Donald Trump significantly reshaped U.S. immigration policies, prioritizing restrictive measures, enforcement and redefined priorities. His administration’s changes had wide-reaching impacts, affecting everything from border security and asylum processes to employment-based immigration and travel bans. Here’s a breakdown of some of the most notable impacts of Trump’s presidency on U.S. immigration.

1. Border Security and Immigration Enforcement

From the beginning of his term, Trump emphasized enhancing border security as a central goal, often framing it as essential for national security. One of his administration’s most visible efforts was the attempt to build a border wall along the U.S.-Mexico border. 

Trump also introduced the “zero-tolerance” policy, mandating prosecution of all illegal border crossings, which led to the separation of thousands of families. This policy aimed to deter unauthorized crossings but sparked national and international outcry due to its human rights implications. Although the policy was later rescinded, the crisis highlighted issues with the administration’s approach to immigration enforcement.

2. Limiting Legal Immigration

Legal immigration avenues also saw significant limitations under Trump, especially through executive orders and rule changes. For example, the administration implemented the “public charge” rule, which denied visas and green cards to immigrants deemed likely to require public assistance, such as Medicaid, food stamps or housing vouchers. This rule created new barriers for low-income immigrants and faced criticism for restricting family-based immigration.

Furthermore, processing times for immigration applications significantly increased, and a host of procedural changes added to the backlog. This affected both family-based and employment-based applicants, slowing the approval of petitions and delaying family reunifications and work authorizations.

3. Temporary Protected Status (TPS) and DACA

Trump’s administration attempted to end the Deferred Action for Childhood Arrivals (DACA) program, which provided temporary protection from deportation and work authorization for undocumented immigrants brought to the U.S. as children. Although the Supreme Court ruled against ending DACA in 2020, this effort created uncertainty for thousands.

Temporary Protected Status (TPS), granted to nationals of countries affected by armed conflict or natural disasters, was also under threat. The administration sought to terminate TPS for several countries, including El Salvador, Haiti and Honduras. These terminations faced legal challenges, but the policies sparked fears of deportation among TPS holders, many of whom had lived in the U.S. for decades.

4. Refugee Resettlement and Asylum Policies

Trump’s presidency saw a dramatic reduction in refugee admissions to the U.S. In 2020, the annual refugee cap was reduced to 18,000, the lowest level since the refugee program began in 1980. This decrease was justified as a way to prioritize Americans’ needs, but it affected global refugee resettlement, leaving many vulnerable people stranded without options.

The administration also restructured the asylum process, implementing measures like the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy. Under MPP, asylum seekers were required to stay in Mexico while awaiting U.S. immigration court hearings, often in dangerous and unstable conditions. Additionally, the administration introduced “safe third country” agreements with countries like Guatemala, requiring migrants to seek asylum in these countries before applying in the U.S., which limited access to asylum.

5. Muslim and Travel Bans

One of Trump’s most controversial actions was the travel ban, often referred to as the “Muslim ban.” This executive order restricted entry to the U.S. from several predominantly Muslim countries, including Iran, Syria and Yemen, citing national security concerns. The ban sparked backlash and was modified through various iterations, but it ultimately impacted thousands of individuals from affected countries and led to extended delays and denials of visas—even for individuals with no ties to terrorism. The ban also fueled debate about religious discrimination and the boundaries of executive power.

6. Impact on Employment-Based Immigration

The Trump administration imposed several restrictions on employment-based immigration, particularly targeting the H-1B visa program, which allows U.S. companies to employ foreign workers in specialized fields. New regulations and executive orders raised wage requirements for H-1B workers, increased scrutiny of visa applications, and added requirements for employers, effectively limiting the use of the H-1B program.

These measures were meant to “protect American jobs,” especially in the tech sector, but they led to challenges for employers and contributed to labor shortages in specialized fields. Additionally, international students faced heightened uncertainty around Optional Practical Training (OPT), a program that permits foreign graduates to work in the U.S. after completing their degrees.

7. COVID-19 Pandemic and Immigration

The COVID-19 pandemic further influenced Trump’s immigration policies. In 2020, Trump issued a series of proclamations suspending the issuance of new visas for certain nonimmigrant workers, including H-1B, H-2B, and L-1 visa holders, as well as family-based green cards. The rationale was to protect American jobs amid rising unemployment. Entry bans were extended until the end of Trump’s term.

Conclusion

The Trump administration’s immigration policies were marked by restrictive measures that prioritized border security, limited asylum access and reduced both legal and humanitarian immigration. These policies reshaped the immigration landscape, emphasizing enforcement and limiting pathways to the U.S. for many seeking refuge, family reunification or employment. Although some of these policies have been reversed or challenged under the Biden administration, Trump’s presidency left a lasting legacy on U.S. immigration, demonstrating how quickly policy shifts can impact millions of people’s lives. The debates his administration ignited around immigration continue to shape policy discussions today, highlighting the challenges of balancing security, humanitarian commitments and economic needs.

Barbara Wong-Wilson is an attorney at Mission Law & Advocacy, P.C. and SW Law

Group P.C. If you have any questions on U.S. immigration matters, please feel free to

reach out to wo**@mi*********.com

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