Immigration policy of the second Donald Trump administration

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The immigration policy of the second Donald Trump administration encompasses the established immigration policies implemented by U.S. President Donald Trump during his second term.

Contents

History

On January 20, 2025, Donald Trump was inaugurated as president of the United States for a second term. Within an hour, CBP One, a program developed by U.S. Customs and Border Protection to allow migrants to secure immigration appointments, was discontinued; migrants who accessed CBP One found that their appointments were canceled. [1] That evening, he signed several executive orders relating to immigration, including blocking asylum seekers from entering the U.S., declaring a national emergency at the Mexico–U.S. border, and citing a public health risk posed by migrants through a lack of "comprehensive health information". [2]

Trump also signed an executive order attempting to end birthright citizenship for children of unauthorized immigrants as well as immigrants legally but temporarily present in the United States. At least nine lawsuits have been filed challenged the order on constitutional grounds, and as of February 2025, two federal judges have issued preliminary injunctions blocking its implementation and enforcement nationwide. [3] [4]

Policy

Illegal immigration

Designation of cartels

In an executive order, Trump directed the United States Department of State to designate the gangs Tren de Aragua and MS-13 as terrorist organizations, permitting the federal government to block their assets and disrupt their financial support network through Executive Order 13224, a directive that amends the International Emergency Economic Powers Act to include foreign entities involved with terrorism; the government was already authorized to impose economic sanctions on gangs. The designations allow the Department of Justice to indict individuals involved with gangs, such as drug dealers, with providing material support for terrorism, a charge that carries life imprisonment if the crime results in death. [5]

Laken Riley Act

President Trump signed the Laken Riley Act into law, January 29, 2025 President Donald Trump signs the Laken Riley Act into law.jpg
President Trump signed the Laken Riley Act into law, January 29, 2025

On January 29, 2025, Trump signed the Laken Riley Act into law, the first legislation of Trump’s second term. The act enables the Department of Homeland Security (DHS) to detain immigrants without legal status who are involved in certain kinds of crimes, and enables states to sue DHS if it allegedly fails to enforce immigration laws. [6] [7]

Mass deportation of illegal immigrants

The policies during this times Trump administration greatly affected immigrants from Asia, Africa, and Latin America. Increased enforcement actions led to an increase in deportations, breaking up communities and families. Policies such as the "Remain in Mexico" initiative forced asylum seekers to wait in perilous conditions, exposing them to violence. Moreover, changes to public charge rules deterred low-income immigrants from accessing public benefits, even when eligible, due to worries of jeopardizing their current immigration status. These laws and measures aided to a magnitude of uncertainty and fear among immigrants and their communities.

Statistics

Arrests [a] [b]
DayArrests (% change from prior Day)
January 23
538
January 24
593(+9.27% Increase2.svg)
January 25
286(-51.8% Decrease2.svg)
January 26
956(+334% Increase2.svg)
January 27
1,179(+23.3% Increase2.svg)
January 28
969(-17.8% Decrease2.svg)
January 29
1,016(+15.6% Increase2.svg)
January 30
962(-5.3% Decrease2.svg)
January 31
913(-5.1% Decrease2.svg)
February 1
864(-5.4% Decrease2.svg)
February 2
736(-14.8% Decrease2.svg)
February 3
715(-2.9% Decrease2.svg)
February 4
815(+14% Increase2.svg)
Total as of February 1
10,542
Deportations
MonthDeportations (% change from prior Month)
February 22, 2025
37,660 [18]
March 22
TBD(+)
April 22
TBD(+)
May 22
TBD(+)

Use of Guantanamo Bay

On January 29, 2025, Trump ordered the preparation of the Guantanamo Bay detention camp to house tens of thousands of migrants. [19]

Within a month, hundreds of migrants had been transferred to Guantanamo. Most of them were swiftly transferred elsewhere, including 177 Venezuelans who arrived in Venezuela on February 20 after having been held at Guantanamo. [20]

Use of El Salvador

The Trump administration has a deal with the Nayib Bukele administration of El Salvador to use El Salvador's Terrorism Confinement Center (CECOT), notorious for harsh conditions, at a cost of $6 million per year. [21] [22] In March 2025, the Trump administration invoked the Alien Enemies Act of 1798 and deported around 250 people, alleged by the Trump administration to be members of Venezuelan gang Tren de Aragua, to El Salvador, where they were imprisoned in CECOT. [21] [23] At the time of the deportations, the Trump administration did not identify the accused and did not reveal evidence of the accused being Venezuelan gang members or having committed crimes in the United States. [21]

The American Civil Liberties Union and Democracy Forward sued the Trump administration, challenging the legality of using the Alien Enemies Act when the country is not at war. [24] The administration used two planes to deport the accused, despite Chief Judge James Boasberg of the United States District Court for the District of Columbia issuing a temporary restraining order against deporting foreigners using the act. Boasberg also verbally ordered planes containing such foreigners to return to the United States. [25] Trump border czar Tom Homan said that the Trump administration completed the deportations despite the court order, because Boasberg's order was made when the planes were above international waters after departing the United States; Homan also declared regarding deportations: "Another flight every day. [...] We are not stopping. I don't care what the judges think." [26] White House press secretary Karoline Leavitt said that Boasberg's order "had no lawful basis [...] A single judge in a single city cannot direct the movements of an aircraft carrier". [23] Leavitt also expressed doubts about "whether a verbal order carries the same weight as a written order", while the Trump administration argued in court that "an oral directive is not enforceable as an injunction". [27] [28]

The administration has admitted that "many" of those who had been deported do not have criminal records in the US. [29]

A Trump Gold Card is a planned residency permit that provides investors with a path to residency and citizenship if they commit at least $5 million to projects in the US. A key difference from the EB5 program, the United States' current path for investors to gain residency that the Gold Card intends to replace, is that gold card holders are not liable for US federal income tax on income earned outside the US. Aside from constitutional questions on executive authority for this kind of change to immigration and tax law without express Congressional approval, it is unclear what would happen to the US federal taxability of a gold card holder's non-US income, should the gold card holder become a US citizen at some point in time.

Activist deportations

The Trump administration increasingly targeted legal immigrants, tourists, and students with green cards who expressed criticism of his policies or engaged in pro-Palestinian advocacy. [30] The government has deported or attempted to deport a number of pro-Palestinian activists whom it accuses of supporting terrorists. These include Mahmoud Khalil, Rasha Alawieh, Badar Khan Suri, [31] and Momodou Taal. [32]

See also

Notes

  1. [8] [9] [10] [11] [12] [13] [14] [15] [16] [17]
  2. Arrests for the day total are arrests for the day prior, as ICE shifted on January 29th to announcing the total of the previous day to the total for the day of, as reflected in the change in caption on the bottom of each X post.

References

  1. Hernández, Arelis (January 20, 2025). "Family waiting to cross border learns their CBP One appointment is canceled". The Washington Post . Retrieved January 21, 2025.
  2. Kanno-Youngs, Zolan; Aleaziz, Hamed; Sullivan, Eileen (January 20, 2025). "Trump Starts Immigration Crackdown, Enlisting the Military and Testing the Law". The New York Times . Retrieved January 21, 2025.
  3. Lee, Ella (2025-02-06). "DOJ appeals block of birthright citizenship executive order". The Hill .
  4. Raymond, Nate (2025-02-06). "US judge accuses Trump of ignoring rule of law to curb birthright citizenship". Reuters .
  5. Sullivan, Eileen (January 21, 2025). "How Trump's Plan to Label Some Drug Cartels 'Terrorists' Would Work". The New York Times . Retrieved January 22, 2025.
  6. "Trump signs the Laken Riley Act into law". www.nbcnews.com. 2025-01-29. Retrieved 2025-01-30.
  7. "What is the Laken Riley Act? A look at the first bill Trump will sign". AP News. 2025-01-24. Retrieved 2025-01-27.
  8. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 27 January 2025.
  9. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 27 January 2025.
  10. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 27 January 2025.
  11. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 27 January 2025.
  12. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 28 January 2025.
  13. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 28 January 2025.
  14. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 29 January 2025.
  15. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 31 January 2025.
  16. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 31 January 2025.
  17. "Enforcement Update". x.com. Immigration and Customs Enforcement. Retrieved 1 February 2025.
  18. Hesson, Ted (February 22, 2025). "Trump deporting people at a slower rate than Biden's last year in office". Reuters .
  19. Aleaziz, Hamed; Rosenberg, Carol (January 29, 2025). "Trump Says U.S. Will Hold Migrants at Guantánamo" . The New York Times .
  20. Cobela, Manuel (2025-02-21). "More than 170 Venezuelan migrants deported to Guantanamo arrive home". CNN. Retrieved 2025-02-21.
  21. 1 2 3 Aleman, Marcos; Garcia Cano, Regina (March 17, 2025). "What to know about El Salvador's mega-prison after Trump sent hundreds of immigrants there". Associated Press. Retrieved March 17, 2025.
  22. Rios, Michael (17 March 2025). "What we know about El Salvador's 'mega prison' where Trump is sending alleged Venezuelan gang members". CNN. Retrieved 22 March 2025.
  23. 1 2 Caputo, Mark (March 16, 2025). "Exclusive: How the White House ignored a judge's order to turn back deportation flights". Axios. Retrieved March 17, 2025.
  24. Sullivan, Tim; Spagat, Elliot (2025-03-16). "The Alien Enemies Act: What to know about a 1798 law that Trump has invoked for deportations". AP News. Retrieved 2025-03-18.
  25. Faulders, Katherine (March 17, 2025). "Trump administration ignores judge's order to turn deportation planes around: Sources". ABC News. Retrieved March 17, 2025.
  26. Saric, Ivana (March 17, 2025). "Trump's border czar: "I don't care what the judges think"". Axios. Retrieved March 18, 2025.
  27. Samuels, Brett (March 17, 2025). "White House questions authority of judge's verbal order on Venezuelan deportation flights". The Hill. Retrieved March 18, 2025.
  28. Wendling, Mike (March 17, 2025). "Judge questions White House's refusal to turn around deportation flights". BBC News. Retrieved March 18, 2025.
  29. Charalambous, Laura , Katherine , and Alexander, Peter; Romero, Laura; Faulders, Katherine; Mallin, Alexander (2025-03-21). "DOJ returning to court to defend deportation of Venezuelan migrants without due process". ABC News. Retrieved 2025-03-21.{{cite web}}: CS1 maint: multiple names: authors list (link)
  30. Kanno-Youngs, Zolan; Pager, Tyler; Aleaziz, Hamed (March 21, 2025). "As Trump Broadens Crackdown, Focus Expands to Legal Immigrants and Tourists" . The New York Times. ISSN   0362-4331 . Retrieved March 29, 2025.{{cite news}}: CS1 maint: url-status (link)
  31. "Trump administration cannot deport pro-Palestinian Georgetown University student: judge". USA Today.
  32. "Cornell student protester told to surrender to ICE as he asks judge to block deportation". CNN. Retrieved 22 March 2025.