7 Immigration Policy Changes Trump May Reinstate and How to Prepare

 Posted on November 11, 2024 in Immigration

With Donald Trump taking office in January, U.S. immigration policies will likely undergo drastic changes.  At Hafey & Karim, we believe in the power of informed preparation and are committed to helping our clients navigate the challenges ahead.

Here, we break down seven key immigration policy areas Trump has promised to address. If you or someone you know is affected by any of these changes, now is the time to act.

1. MASS DEPORTATIONS

One of Trump’s most significant promises is to implement mass deportations, affecting an estimated 12 million undocumented people. This goal would require expanded detention centers, significant resources, and fast-tracking cases through immigration courts. For those impacted, the threat of deportation poses a direct risk to their families, livelihoods, and communities.

Take action now if you or a loved one is concerned about potential deportation. Consult an immigration attorney to understand available protections, options to adjust status, and any relief measures that may be available.

2. RETURN OF "REMAIN IN MEXICO" 

The controversial "Remain in Mexico" policy, officially called the Migrant Protection Protocols (MPP), is likely to make a comeback. This program requires asylum-seekers to wait outside the U.S., often in dangerous conditions, while their cases are processed. Previously, asylum-seekers were forced to stay in border towns with limited shelter, high crime rates, and few resources for extended periods. With this policy, Trump aims to dissuade asylum-seekers from pursuing protection in the U.S.

If you’re considering asylum in the U.S., start your application process as early as possible and seek legal guidance to understand your rights and navigate any obstacles posed by the MPP.

3. RENEWED TRAVEL BANS 

Travel bans targeting individuals from specific countries, notably Muslim-majority and African nations, are also expected to return. Under Trump’s previous administration, travel bans restricted entry for citizens of countries like Iran, Libya, Syria, Yemen, and Somalia, affecting family reunifications, professional opportunities, and educational pursuits. The new administration may even expand these restrictions to additional countries. These bans can create immediate disruptions for families and individuals who are in the U.S. on visas or planning travel.

Take precautions by expediting visa applications, family sponsorships, and any pending travel plans. Consult an attorney if you’re concerned about future travel or residency restrictions.

4. PUBLIC CHARGE RULE

The public charge rule, a policy preventing individuals from obtaining a green card if they are deemed likely to rely on government assistance, is also expected to be reinstated and strengthened. This rule disproportionately impacts immigrants from lower-income backgrounds, requiring sponsors to prove financial stability to support family members’ entry into the U.S. If reimposed, it would create further barriers for U.S. citizens seeking to sponsor loved ones who may not meet strict income thresholds.

If you’re a U.S. citizen planning to sponsor a family member, it’s essential to start the process now and explore your options. Legal guidance can help you navigate any additional requirements that may arise with a stricter public charge rule.

5. THREATS TO DACA AND TPS 

Trump has frequently targeted programs like DACA (Deferred Action for Childhood Arrivals) and Temporary Protected Status (TPS). DACA protects Dreamers—young individuals who came to the U.S. as children and have lived here without legal status—allowing them to work and remain in the country temporarily. TPS provides temporary residency to individuals from countries experiencing crises, such as natural disasters or armed conflicts. The new administration has indicated it may roll back these protections, putting hundreds of thousands of individuals at risk of deportation or losing their work authorization.

If you or someone you know relies on DACA or TPS, explore legal pathways to secure your status. Taking action early can help mitigate the risks posed by changes to these programs.

6. ASYLUM RESTRICTIONS 

Under Trump’s administration, asylum seekers face a growing set of challenges. The asylum process has already become increasingly complex, with backlogs in immigration courts and the addition of restrictive policies. Trump’s administration is expected to add further restrictions to the asylum process, such as heightened qualifications and limitations on asylum eligibility. Delays and denials will likely increase, creating added hardship for those fleeing persecution.

If you are considering asylum in the U.S., it’s critical to start the application process as early as possible. Legal support can help you navigate the complexities of these new restrictions.

7. POTENTIAL AND DE-NATURALIZATION OF BIRTHRIGHT CITIZENS 

Perhaps the most controversial proposal is Trump’s discussion of ending or challenging birthright citizenship, a Constitutional right that grants citizenship to individuals born on U.S. soil. Though ending birthright citizenship would face legal hurdles, any move in this direction would represent a major shift in immigration policy and could create uncertainty for many families. Although such a policy would likely face prolonged court battles, the mere mention of this goal could impact those who have naturalized and prompt them to seek alternative forms of protection or documentation.

If you’re a naturalized U.S. citizen or have children who are birthright citizens, stay informed about any developments in this area and consult an attorney if you have concerns. Taking early action can help ensure you’re protected from any potential changes.

These potential policy shifts underscore the importance of taking proactive steps to safeguard your immigration status. At Hafey & Karim, we’re here to help you understand your options and secure your path forward. The best way to protect your rights in this uncertain landscape is to prepare early and seek professional guidance. Contact us today to get started.