As President-elect Donald Trump prepares for his second term in office, one of his primary promises is a significant overhaul of U.S. immigration policies. During his campaign, Trump emphasized what he termed “unprecedented order” at the southern border and unveiled plans for the largest mass deportation operation in U.S. history. These sweeping changes, which aim to limit illegal immigration and curb new arrivals, raise critical legal and logistical questions about their feasibility and impact on communities across the nation.
Trump’s hardline stance on immigration has been central to his political platform, with a pledge to swiftly enact controversial policies aimed at reducing the undocumented immigrant population. “We are going to fix our borders. … We want people to come back in, but they must come in legally,” Trump said in his victory speech.
However, implementing a mass deportation and re-entry strategy is far from straightforward. The logistics of managing potentially millions of individuals seeking re-entry raise serious challenges. According to Mark Hetfield, CEO of the Hebrew Immigrant Aid Society, many undocumented immigrants face barriers that prevent them from accessing legal pathways to immigration. “There’s this belief that there’s a line and people should stand in line. Oftentimes, there’s not a line,” he explained.
The Migration Policy Institute highlights the complexities surrounding U.S. visa pathways, each with its own backlogs and delays. For those with prior unlawful presence in the U.S., re-entry can be blocked for years. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act imposes severe penalties for immigrants with more than 180 days of unlawful presence, including multi-year bans.
Trump has made it clear that his goal is to surpass the deportation numbers of his first term. His administration plans to use the National Guard to round up undocumented immigrants, invoking laws such as the Alien Enemies Act to deport non-citizens from nations deemed hostile to the U.S.
Critics, however, warn of significant costs and unintended consequences. Jeremy Robbins, executive director of the American Immigration Council, cautioned that mass deportation would come at an extraordinary cost, both financially and socially. “It’s critical that policymakers and the American public understand what this would involve: tens of billions of taxpayer dollars, already-strained industries devastated, millions of people locked up in detention, and thousands of families torn apart,” Robbins explained.
A number of policies initiated during Trump’s first term are likely to be revived under his second administration. The “Remain in Mexico” program, which forces asylum seekers to wait in Mexico while their claims are processed, is expected to be reimplemented. Additionally, Trump has promised to roll back the Biden administration’s relaxed immigration policies, including the legal entry pathways for migrants from Cuba, Haiti, Nicaragua, and Venezuela.
Trump also plans to expand and enforce travel bans targeting a broader range of countries and introduce new “ideological screenings” aimed at barring individuals deemed a threat to national security. This has sparked concerns about potential discrimination and civil liberties violations. Additionally, the president intends to revisit the controversial issue of birthright citizenship for children born to parents who are in the country illegally, a move that would require a reinterpretation of the 14th Amendment and is likely to lead to significant legal challenges.
Trump’s immigration proposals are not without their opposition. Advocacy groups, including those representing immigrant rights, warn of human rights violations and legal battles that could ensue. “We will likely litigate if he tries to close down the refugee program and oversteps,” said Hetfield. Immigration activists also plan to step up efforts to protect immigrant communities, with Michelle Ming of United We Dream vowing to fight back against policies that harm vulnerable families.
As the country braces for what may be the most significant shift in U.S. immigration policy in recent decades, all eyes will be on the legal ramifications and the human impact of these policies.
Read more: