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What Could Change in Immigration Policies if Trump is Re-Elected?

Posted by Sinan Sari | Aug 15, 2024 | 0 Comments

The upcoming presidential election in the United States has become a major source of curiosity and concern among immigrants. The possibility of Donald Trump being re-elected raises numerous questions about potential changes in immigration policies. In this article, we aim to provide insights into what Trump could and could not change in the field of immigration if he were to be re-elected.

What Did Trump Do During His Previous Term of Presidency?

During his previous term, Trump garnered attention for his anti-immigration policies, particularly targeting immigrants entering the country through the U.S.-Mexico border. These policies focused on completely closing the border and deporting immigrants. The Title 42 statute, implemented by the Trump administration during the Covid-19 pandemic, allowed for the expulsion of immigrants and asylum seekers without any legal process. By the end of Trump's term, approximately 400,000 people had been expelled under this statute. Additionally, Trump's "zero tolerance" policy led to the deportation of many parents without their children, who were placed in government custody. This policy was supported by Trump as a deterrent to immigration, and at least 2,900 children were separated from their families between 2017 and 2021. The use of "parole," which allowed immigrants to enter the U.S. without a visa or without meeting visa requirements, was also significantly limited during Trump's presidency. Although these policies were reversed during the Biden administration, if Trump is re-elected, it is likely that these policies could be reintroduced and even intensified.

What Could Change if Trump is Re-Elected?

Project 2025

For his potential second term, Trump has a detailed plan called Project 2025, prepared with contributions from over 400 conservative scholars. This plan aims to fundamentally restructure the U.S. immigration system. Key points on the agenda of Project 2025 include:

Automatic Suspension of New Asylum Applications: Citing existing backlogs, new asylum applications could be automatically suspended.
 
Immediate Deportation of Rejected Visa Applicants and Those Without Legal Status: Individuals whose visa applications are denied or who fail to obtain legal status could face immediate deportation.
 
Restrictions on Work Permits for Certain Immigrant Groups: Work permits for specific groups, such as asylum seekers, could be restricted.
 
Significant Increases in Immigration Application Fees and Restrictions on Fee Waivers: Immigration application fees could be raised significantly, and waivers for those unable to pay could be limited.
 

Border Crossings and Asylum Applications

If Trump is re-elected, it is likely that crossing the U.S.-Mexico border will become even more difficult, and the rights of new immigrants applying for asylum could be further restricted. Those planning to seek asylum by crossing the border might find their rights partially or entirely curtailed.

Potential Changes in Immigration Procedures

Trump could introduce changes in existing immigration procedures, potentially lengthening or shortening processing times. These adjustments would be more focused on the application processes and procedures rather than on the approval or rejection of the applications themselves.

Deportation Policies

Another critical element of Trump's immigration policy is the deportation of individuals without any immigration status in the U.S. or those who have committed crimes. During Trump's presidency, the likelihood of such individuals being deported could increase.

What Cannot Be Changed?

Even if Trump is re-elected, he cannot cancel asylum applications made before the election or exert pressure for their rejection. Additionally, he cannot deport immigrants with ongoing asylum processes without a court decision. Trump also cannot revoke the status of those whose asylum has been approved, nor can he invalidate the status of immigrants who have obtained Green Cards or citizenship through asylum.

He cannot reject asylum applications made before the election or apply pressure that could lead to their rejection.
 
He cannot deport individuals who applied for asylum after arriving in the U.S. with a visa or through the Mexican border without a court decision, as long as they have not committed any crimes.
 
He cannot deport immigrants with ongoing asylum processes without a court ruling, and until that ruling is finalized.
 
He cannot revoke the status of those whose asylum has been approved, nor the status of immigrants who have obtained Green Cards or citizenship through asylum.
 

In Summary,

Even if Trump is re-elected, it will not be possible to cancel asylum applications made before the election or deport individuals who have applied for asylum without a court decision. Therefore, maintaining your current legal status, applying for asylum if you meet the conditions, and avoiding any criminal activity will help you benefit from the protections provided by U.S. immigration law. As long as you meet these conditions, regardless of who is president, you can safeguard your immigration status.

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