By Brendan Ryan, Esq., Family Immigration & Federal Practice Department Chair
As we approach a second term for U.S. President Donald Trump, we anticipate a myriad of changes to immigration law. Throughout his first term, President Trump implemented a number of sweeping immigration policies, many of which faced legal challenges and were subject to shifting priorities. In his 2024 campaign, he has signaled a continuation of his hardline stance on immigration, which could lead to significant changes for individuals seeking to enter, stay, or work in the United States.
While we cannot predict with certainty which policies will be enacted, we want to provide you with an overview of the most likely changes based on the proposals Trump has outlined. Understanding these potential shifts will help you prepare for how they could affect your immigration status, visa applications, or future plans.
1. Stricter Border Security and Immigration Enforcement
Trump has consistently prioritized stronger border security, and his administration is expected to continue to focus on limiting illegal immigration. This could include:
• Expansion of Border Walls and Physical Barriers: Trump has pledged to continue building physical barriers along the U.S.-Mexico border. While progress on the wall was slowed during his first term, it is likely that funding for further construction could increase.
• Increased Border Patrol and Immigration Enforcement: Expect a heightened presence of U.S. Customs and Border Protection (CBP) agents and Immigration and Customs Enforcement (ICE) officers along the southern border and in other areas, such as workplaces and urban centers.
If you are currently in the U.S. without legal status or are involved in any legal proceedings regarding your immigration status, it is crucial to remain aware of the heightened enforcement priorities and to consult with an attorney if you have concerns.
2. Changes to Asylum and Refugee Admissions
One of the most significant areas of change could be in the treatment of asylum seekers and refugees. Under Trump’s previous administration, several policies were enacted to limit the number of asylum claims accepted and to reduce refugee admissions. A second term could lead to further changes, including:
• Tighter Asylum Standards: Trump has indicated that he would implement even stricter criteria for asylum eligibility. For example, he may make it more difficult to claim asylum unless an individual can provide specific evidence of persecution based on narrowly defined grounds.
• Expanding “Remain in Mexico” or Similar Programs: The “Remain in Mexico” policy, which requires asylum seekers to wait in Mexico while their cases are processed in the U.S., could be reintroduced or expanded, potentially leaving asylum seekers in unsafe or uncertain conditions for extended periods.
• Lower Refugee Cap: Trump has previously advocated for significantly lowering the number of refugees admitted to the U.S. each year, and this trend could continue.
If you or a family member is seeking asylum or refugee status, we encourage you to stay informed about these changes. The impact on asylum seekers could be profound, and you may need to adjust your strategy or timing for filing claims.
3. Focus on Merit-Based Immigration
Trump has been vocal about shifting the U.S. immigration system toward a “merit-based” model. This could mean significant changes for individuals applying for visas, green cards, or other forms of legal status. Potential changes include:
• Reduction of Family-Based Immigration: Under a merit-based system, priority could be given to immigrants who meet specific employment, educational, or skill-based criteria. This could reduce the number of family-based petitions, particularly for extended family members such as siblings and parents of adult U.S. citizens.
• Expansion of Employment-Based Immigration: A merit-based system could increase the number of highly skilled workers allowed into the U.S. through programs like the H-1B visa for tech professionals, the EB-1 category for extraordinary workers, and other employment-based green card categories.
This shift could impact your family-based immigration case or change your opportunities for gaining lawful permanent residence. It’s important to assess your options now and plan accordingly.
4. Public Charge Rule: Stricter Enforcement
The public charge rule, which has been a point of controversy and legal challenge, may see stricter enforcement. Under this rule, individuals seeking green cards (permanent residency) must demonstrate that they are not likely to become a “public charge”—that is, relying primarily on government assistance for their livelihood. Changes could include:
• Stricter Income and Health Requirements: Trump’s administration may impose tighter requirements for proving financial independence or health coverage, particularly for immigrants applying for family-based immigration or green cards.
• Impact on Family-Based Applications: Applicants who may not meet the new financial or health standards could face delays or denials of their green card applications.
If you are in the process of applying for a green card or adjusting your immigration status, it is essential to ensure that you meet these financial criteria and are prepared for potential changes.
5. Expansion of E-Verify and Employer Accountability
To reduce unauthorized immigration, Trump has signaled that his administration will likely push for the mandatory use of the E-Verify system across all employers. E-Verify allows employers to check the immigration status of their employees to ensure they are legally authorized to work in the U.S.
• Mandatory E-Verify for All Employers: This could have a significant impact on those seeking employment in the U.S. or employers hiring foreign workers. Non-compliance by employers could result in penalties or the inability to hire unauthorized workers.
If you are working in the U.S. under temporary or non-immigrant status, it will be essential to ensure your work authorization is up to date, as E-Verify could become a key tool in verifying your eligibility for employment.
6. Potential Restrictions on Legal Immigration Pathways
Trump’s administration has proposed reducing the overall number of immigrants allowed into the U.S., especially through non-employment-based immigration routes. Changes could include:
• H-1B Visa Limits: There may be limits or additional requirements for obtaining H-1B visas, which are commonly used by foreign workers in technology, engineering, and other high-skill fields.
• Increased Scrutiny for Family-Based Immigrants: Family reunification processes could face longer delays and higher scrutiny, especially for those seeking to bring spouses, children, or parents to the U.S.
If you are considering or currently pursuing a visa application or family-based immigration petition, you should be aware of the potential for tighter restrictions and more stringent eligibility requirements.
7. Increased Deportation of Undocumented Immigrants
Trump has indicated that enforcement of immigration laws will continue to focus on the removal of individuals who are in the U.S. unlawfully, particularly those with criminal convictions or ties to gangs or organized crime.
• Expanded Deportation Efforts: This could lead to an increase in deportations, especially for undocumented individuals who have prior criminal convictions or are deemed a public safety risk, as well as any individual who has a prior order of removal.
• Increased Workplace Raids: Employers may face more frequent inspections, and workers without proper documentation could face higher risks of deportation.
If you or someone you know is in the U.S. without legal status or is at risk of deportation, it is critical to discuss your situation with an experienced immigration attorney who can help you explore options to remain in the country.
Conclusion: Stay Informed and Plan Ahead
The potential changes to U.S. immigration law under a second Trump term are significant, and they could impact various aspects of your immigration journey. Whether you are applying for a visa, seeking asylum, or pursuing permanent residency, we strongly recommend staying informed about the evolving landscape of immigration law.
If you have questions about how these potential changes may affect your situation, please don’t hesitate to reach out to us. Our team of experienced immigration attorneys is here to help you navigate any changes and ensure that you have the best possible path forward.
Please feel free to contact Brendan or call our office at (610) 975-4599 to schedule a consultation today.
Be sure to mention this article when reaching out for your consultation.
Reviewed by Natalie M. Richman, Esq., Partner & Removal Defense Department Chair