The President-elect is expected to enact several executive actions addressing U.S. immigration as soon as his first day in office. Reportedly under consideration are the reversal of certain Biden administration programs, an expansion of federal immigration officers’ authority, and the resumption of wall construction at the southern border, among others. Immigration policy and enforcement is expected to be a cornerstone of the Trump presidency.

Select humanitarian programs that offer qualifying migrants a legal pathway to enter the U.S. are expected to end. These temporary “parole” programs are likely to close. The programs provided legal entry to the U.S. and access to work permits for qualifying individuals. Another Biden program that offered an app for migrants to schedule border appointments is also anticipated to be phased out.

A focus on interior enforcement of immigration is presumed. To that end, federal immigration officers are likely to receive expanded authority. Under Biden, migrants without legal status but without a criminal record were not prioritized for deportation. Trump policy will prioritize illegal migrants with felonies and those who have no available legal avenues to gain a legal status. However, if officers encounter other illegal migrants, officers will have the option to arrest them as well.

Trump is expected to declare illegal immigration a national emergency. With this action, funds are made available to complete border wall construction. The National Guard is likely to be ordered to the southern border as well, per sources. While illegal crossing at the southern border saw high levels under the Biden administration, following new border restrictions and increased enforcement by Mexico, crossings dropped dramatically.

Per the American Immigration Council, over 1 million immigrants in the U.S. have no further avenues to gain legal status and have been ordered deported. The U.S. Department of Homeland Security (DHS) reports 11 million immigrants without legal status in 2022, a figure that has likely increased. These individuals and those with an expired status are likely to be encouraged to leave the U.S. voluntarily.

Legal challenges to these potential updates are expected.

If you have questions about the U.S. immigration outlook, contact us at ILBSG. With over 20 years of extensive experience, we support our clients through evolving policies, providing tailored advice to maximize their chances of a successful outcome. Contact us to get the right advice.

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