Possible Changes in Immigration Policy with a New U.S. President

With Donald Trump's election as the new President of the United States, changes in immigration policy are on the horizon, which could have a significant impact on the immigrant community in multiple areas. His previous term provides some indication of the types of changes that might occur, but there are also opportunities for immigrants and their families to prepare and seek the necessary support. Here are some areas where transformations could take place, how they might affect the immigrant community, and steps that can be taken for more appropriate response times.

1. The Future of the DACA Program

As we all know, it was President Trump that started the process of terminating DACA and it was the courts that have saved it for the ones that continue to have DACA status. It remains to be seen, but it is likely that President Trump and his staff will start the process of terminating DACA again. 

On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB).

Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated.  In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.

Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy.

2. Border Policies and Control of Unauthorized Immigration

Border security will continue to be a priority on Trump’s agenda, with measures likely focused on surveillance and control of unauthorized immigration, aiming to prevent illegal entry into the United States and ensure that those entering do so legally. His administration might also implement improvements in detention center processes and conditions, and seek more effective collaborations with local authorities to ensure fair and humane treatment. For those living in border communities, the focus should be on staying updated on changes and understanding the assistance resources available in their areas.

3. Changes in Temporary Visa Programs

Trump has shown a restrictive stance on certain work visas, such as the H-1B and H-2B visas. However, there’s a possibility that some programs could be adapted to meet labor demands in essential sectors like agriculture and technology. It is recommended that workers and employers in these sectors explore available options and prepare for possible changes in visa programs, which could open up opportunities for those seeking to contribute their skills in the U.S.

4. Family Reunification and Asylum Policies

Family reunification and asylum are fundamental aspects of the immigration system, and although certain changes in these areas are possible, there are also support channels and guidance for those seeking to reunite with their families or apply for asylum in the U.S. The focus here is to understand legal resources and explore available options to protect and support those looking for a fresh start in the country for humanitarian reasons.

5. Impact on the Economy, National Security, and International Relations

Immigration policies affect not only immigrants but also the U.S. economy and security. The need for talent and labor in key areas could lead the administration to balance its stance in certain respects, allowing some programs to continue supporting the economy. Additionally, a balanced approach to immigration policy can enhance relationships with immigrants' countries of origin, promoting more stable and constructive cooperation.

What This Means for the Immigrant Community

For the immigrant community, changes in immigration policy can serve as a call for preparation and informed action. Staying informed about changes in immigration policy and having access to resources (such as consulting an immigration attorney) can be the first steps for those looking to protect their rights and advance in their immigration process.

To support the immigrant community during times of change, Campos Law Offices, located in Sacramento, CA and Stockton, CA, offers individual consultations and up-to-date information during this transition to ensure legal representation in cases of deportation or assistance in obtaining visas.

The Importance of Preparing for Change

Being well-informed and having the right guidance allows the immigrant community to face changes with a greater sense of calm. An immigration attorney can help clarify available options and assist in making informed decisions. Campos Law Offices is also committed to supporting the community and providing clients with resources to navigate these times of uncertainty and fear.

The circumstances surrounding the future of U.S. immigration policy present a challenge, but they can also be an opportunity to move the system towards one that is fairer and more humane. The arrival of a new president may bring changes, and by staying well-informed, immigrants and their families can find support through legal and community resources.