With Donald Trump’s potential reelection in 2024, many are asking questions about how immigration laws might change. Trump's first term saw significant efforts to limit both legal and illegal immigration, and most expect this trend to continue if he returns to office.
This article explores potential changes Trump could make to immigration policies. It covers areas such as H-1B visas, restrictions on immigration from specific countries, and possible changes to legal immigration processes.
Restrictions on H-1B Visas
If Donald Trump is re-elected, new restrictions on H-1B visas are likely. During Trump’s first term, the denial rate for new H-1B visa applications increased significantly. The administration blocked 24% of the visas in 2018 and 21% in 2019.
After a legal settlement in 2020, these denial rates fell to 2% by 2022. However, a new Trump administration might direct the U.S. Citizenship and Immigration Services (USCIS) to adopt restrictive practices again. Doing so could lead to increased denial rates.
The Trump administration also attempted to raise the minimum wage for H-1B visa holders significantly. This practice could make it difficult for companies to hire foreign-born scientists and engineers. The policy aimed to price many H-1B workers out of the U.S. labor market, potentially pushing businesses to move jobs overseas and affecting U.S. competitiveness.
Broader Immigration Restrictions
Trump used section 212(f) of the Immigration and Nationality Act to restrict immigrant entry. These restrictions also held back temporary visa holders. In 2020, proclamations under this section suspended the entry of H-1B, L-1, and other temporary visa holders. Although courts ruled that these proclamations exceeded presidential authority, they had limited impact due to COVID-19's effect on visa processing.
If re-elected, Trump may revive policies that restrict H-1B visa holders and employment-based immigrants. Such restrictions could include banning immigrants and temporary visa holders from specific countries, particularly Muslim-majority nations. Updates to the annual eligible country lists for H-2A and H-2B visas could also be suspended, affecting sectors reliant on temporary foreign workers.
Legal and Family Immigration
A Trump re-election could see significant changes to family and legal immigration processes. There's a possibility of cutting off legal immigration avenues. Such avenues include high-skilled and temporary employment, family reunification, and humanitarian protection. Visa eligibility might be restricted by country, with potential suspensions for countries deemed uncooperative in accepting deportees.
In 2020, several countries, including China, Russia, and India, were classified as recalcitrant, affecting visa eligibility. Using visa categories as leverage in foreign policy could result in further legal immigration restrictions, impacting American families, businesses, and universities.
Proposed Mass Deportations
President Trump has previously discussed conducting the largest deportation in U.S. history, aiming to remove 15 to 20 million undocumented immigrants. He suggested using local law enforcement and the military, including the National Guard, although the legality of deploying the military against civilians is questionable.
The Alien Enemies Act
The Alien Enemies Act, a part of the Alien and Sedition Acts of 1798, allows the U.S. government to deport or detain foreigners from countries at war with the United States. President Trump has suggested using this act as a tool for mass deportations. He aims to target undocumented immigrants, especially those from countries with strained U.S. relations. Trump believes this approach could efficiently remove millions of undocumented individuals. His administration argues the act provides broad powers to address immigration issues in times of national security threats.
However, several reasons exist why Trump's plan to use the Alien Enemies Act could face challenges. Critics argue the act's original context differed greatly from current-day scenarios. Courts may challenge the framing of certain countries as adversaries without a formal war declaration. Moreover, human rights activists claim mass deportations could lead to humanitarian crises.
Legal experts caution that using this act might violate due process rights, leading to significant legal battles. Additionally, state and local governments might refuse to cooperate, complicating enforcement efforts. These challenges highlight the complexity of using century-old legislation for modern immigration policies.
Shifts in Policy Stance
Interestingly, Trump has recently suggested granting automatic green cards to foreign students graduating from U.S. colleges. This move aims to retain talent within the U.S. and prevent students from returning to their home countries, marking a shift from previous anti-immigrant rhetoric.
How an Attorney Could Help Immigrants
In the event of a Trump re-election, immigration attorneys will play a critical role. They will help immigrants navigate the complex and constantly changing regulatory landscape.
Attorneys can assist immigrants by providing timely advice on compliance with new visa requirements and restrictions. They can also offer representation in legal disputes, such as challenging visa denials or deportation orders.
Foreseeing the potential implementation of more rigorous policies, lawyers can help clients proactively. They can review cases to ensure all documentation is in order and develop strategies to address any changes in immigration laws.
Additionally, immigration attorneys may work to protect clients’ rights by advocating against unlawful practices that arise under restrictive policies. By staying informed about policy shifts and utilizing legal channels effectively, attorneys can help immigrants continue their lives in the U.S.
The team at The Modi Law Firm, PLLC is committed to staying informed on current immigration laws. No matter what the future holds, we will be there to advocate for our clients’ bests interests. To meet with our team, contact us online or call our office at (832) 514-4030.