Immigration Under Trump 2.0: Risks, Realities, and What’s Next for Millions

On November 15, 2024, Ethnic Media Services convened a critical briefing titled What a Trump Win Means for Immigrants—and What Could Happen Next, shedding light on the far-reaching implications of Donald Trump’s return to the presidency for immigrant communities across the United States. Featuring a panel of policy experts, advocates, and community leaders, the discussion explored the administration’s anticipated immigration agenda, its potential human impact, and the challenges ahead for millions of undocumented, documented, and aspiring immigrants. With immigration once again at the center of national debate, the event provided a timely analysis of the shifting landscape and strategies for resistance and resilience in the face of sweeping policy changes.

The 2024 election has ushered in a new chapter in American politics with Donald J. Trump reclaiming the presidency. His return to the White House brings a wave of uncertainty and anxiety for immigrant communities across the United States. Trump’s hardline stance on immigration defined much of his first term, from the controversial travel ban to the family separation policy. Now, with another four years ahead, the implications for immigrants are immense, raising questions about what comes next for the millions of people living and working in the country. 

A Tougher Immigration Agenda

During his campaign, Trump reiterated familiar themes of border security, cracking down on illegal immigration, and reshaping the legal immigration system. One of his key promises was to finish construction of the southern border wall, an effort that was partially completed during his first term. With renewed executive power, the administration is expected to prioritize funding and construction efforts. 

“We are back talking about border walls, we are back to talking about people staying in Mexico, but that’s already kind of the reality and the infrastructure that was built and has been built over the course of the last few administrations. There’s really kind of an on-ramp already available for the Trump administration to come in and reestablish even harsher penalties and really further decimate the asylum system than what we’ve already seen”, explained Elizabeth Taufa , Senior Policy Attorney and Strategist.

Another likely focus will be the reimplementation of policies aimed at deterring unauthorized border crossings. This could mean a return to measures like the Migrant Protection Protocols, also known as the “Remain in Mexico” policy, which required asylum seekers to wait outside the U.S. for their court hearings. Critics argue that such policies expose vulnerable individuals to dangerous conditions while their cases are processed. 

Trump has also hinted at introducing stricter visa requirements and reducing the number of family-based immigration slots in favor of a merit-based system. This shift could significantly impact immigrant families seeking to reunite, prioritizing individuals with high education levels or specialized skills over familial ties. 

Impacts on Undocumented Immigrants*

For the estimated 11 million undocumented immigrants living in the U.S., Trump’s victory represents a renewed risk of deportation. During his first presidency, Immigration and Customs Enforcement (ICE) ramped up raids and arrests, targeting both criminal and non-criminal immigrants. While enforcement priorities shifted under President Joe Biden, Trump’s administration is likely to revert to a more aggressive approach. 

The fate of Deferred Action for Childhood Arrivals (DACA) recipients remains particularly precarious. Trump previously sought to end the program, which protects approximately 600,000 undocumented individuals brought to the U.S. as children from deportation. While the Supreme Court temporarily blocked its termination, Trump has signaled his intent to replace DACA with a different policy that could impose stricter eligibility requirements or time limits. Without congressional action to create a permanent solution, Dreamers face an uncertain future. 

“Employing people who are undocumented is not lawful employment activity I imagine the population of employers that might be doing that, which we know exists in the United States, are aware of that already (…) I think employers who are in that situation need to be prepared that people who are undocumented already are going to be making sure that they are safe and protected because they will be at increased risk, even if it is not going to be across the board rates in every community all the time”, reflected Greg Chen, Senior Director of Government Relations forthe American Immigration Lawyers Association (AILA)

Legal Immigration in the Crosshairs

The Trump administration’s influence is also expected to extend to legal immigration pathways. Temporary visa programs, such as the H-1B for skilled workers, could see stricter quotas and heightened scrutiny. These visas are particularly significant in industries like technology, healthcare, and academia, which rely heavily on foreign talent. 

Refugee admissions, which plummeted to historic lows under Trump’s first term, are also likely to be reduced further. This would have a profound impact on individuals fleeing persecution and conflict worldwide, particularly given the ongoing crises in regions like Afghanistan, Ukraine, and the Horn of Africa. 

Additionally, Trump has floated the idea of eliminating birthright citizenship, a policy enshrined in the 14th Amendment, which grants automatic citizenship to anyone born on U.S. soil. While such a move would almost certainly face legal challenges, its proposal alone underscores the administration’s intent to fundamentally reshape the country’s approach to immigration. 

The Human Cost

For immigrant families, the stakes are deeply personal. Many undocumented immigrants live in mixed-status households, where U.S.-born children or legal residents could be separated from their parents under deportation orders. The fear of raids and arrests often keeps families from accessing essential services, including healthcare and education, creating a chilling effect that undermines public health and safety. 

Community organizations and advocacy groups are bracing for the impact, ramping up efforts to provide legal aid and support to immigrants facing detention or deportation. However, the emotional and financial toll on these communities is likely to be immense, compounding the challenges they already face. 

The Role of Congress and Courts

While Trump’s administration has significant power to shape immigration policy, its ability to implement sweeping changes will depend on the composition of Congress and the judiciary. If Republicans maintain or expand control in Congress, legislative efforts to restrict immigration could gain traction. However, Democratic resistance in the Senate or House could stymie such efforts, leading Trump to rely on executive orders and administrative rulemaking, as he did during his first term. 

Julia Gelatt, Associate Director of the U.S. Immigration Policy Program at the Migration Policy Institute, mentioned that “it’s important to note that some of the changes that can be made without Congress would survive legal challenges better if they’re made through the regulatory process. So we might expect some changes like Removing work authorization from spouses of H-1B holders to happen through the regulatory process, which means it will happen more slowly. In the last Trump administration, they tried to make many changes through executive action, but then there was successful litigation to say they hadn’t gone through the right government procedures to make those changes. They might try that again, but it seems like they may have learned the lesson that they should take some time and implement some of these changes in a more durable way through the regulatory process, which means everyone will have more advance notice that these changes are coming”.

The judiciary, too, will play a crucial role in determining the scope of Trump’s immigration policies. Legal challenges to executive actions, as seen during his first term, are almost certain. Trump’s appointments of conservative judges, including three Supreme Court justices, have created a judicial landscape that may be more favorable to his administration’s goals, potentially tipping the balance in key cases. 

Advocacy and Resistance

Immigrant rights groups are gearing up for what they anticipate will be a difficult four years. Organizations like the American Civil Liberties Union (ACLU), United We Dream, and the National Immigration Law Center are preparing to challenge new policies in court while mobilizing grassroots efforts to protect immigrant communities. State and local governments, particularly in progressive areas, may also act as counterweights to federal policy, using sanctuary laws and other measures to shield immigrants from deportation. 

At the same time, immigrant communities are finding strength in solidarity and resilience. Advocacy campaigns are encouraging eligible immigrants to apply for citizenship and vote, recognizing the long-term importance of civic engagement. Faith-based organizations and local charities are stepping up to provide resources and support for families in crisis, aiming to mitigate the immediate human costs of restrictive policies.

Looking Ahead

Trump’s second term is likely to deepen the already significant divide over immigration policy in the United States. For supporters, his promises to secure borders and prioritize American workers resonate as necessary measures to protect the country’s sovereignty and economy. For opponents, these policies represent an erosion of American values, undermining the nation’s history as a beacon for immigrants and refugees. 

The coming years will test the resilience of immigrant communities and the advocates working tirelessly on their behalf. As debates over immigration continue to polarize the nation, the choices made now will shape not only the lives of millions of immigrants but also the identity of the United States as a land of opportunity and refuge. 

For immigrants and their allies, the fight is far from over. Whether through legal challenges, community organizing, or legislative advocacy, efforts to uphold the rights and dignity of immigrants will remain at the forefront of America’s evolving story.