By Alicia Atteberry
The 2024 elections will have significant consequences for immigration policy in the United States. Eagan's blog has already discussed:
- The different political positions and plans of each candidate (read here)
- The objectives of Project 2025 and what they mean for immigrants in the United States (read here)
- Anti-immigrant laws are already in effect in some states. (read here)
- President Biden's recent Executive Order expanding parole options for undocumented immigrants (read here)
The “immigration crisis” is one of the most divisive issues in this election and in American politics in general right now. Whoever becomes president on January 20, 2025, there will still be political forces working to push for extreme changes in the enforcement of immigration law. However, the potential consequences of Donald Trump returning to office should not be ignored.
As president, Trump will have more power to push an anti-immigrant agenda. His advisers have outlined a variety of planned changes that do not require congressional approval, thereby circumventing much of the opposition that previously prevented his administration from enacting these policies. This means that the changes could begin quickly once Trump takes office and would require halting time-consuming legal proceedings.
If you are an immigrant living in the United States, Eagan Immigration urges you to stay informed. In this post, we discuss some of the reasons why you should take steps to ensure that your immigration status is as secure as possible, as soon as possible.
1. The deportationscould increase, and the deportation process could get worse
- The Trump campaign has promised to increase deportations to 10 times the current rate and expand ICE resources to allow for more raids and arrests. Given that deportations are already high, this measure would affect millions of immigrants living in the U.S.
- The Trump campaign has suggested it will accelerate deportations, meaning those arrested will have little to no opportunity to defend their case before being returned to their country of origin.
- Trump has suggested creating more detention facilities to handle the massive demand that his policies would create. Even existing migrant detention centers are plagued by poor conditions, mistreatment, and mismanagement: it is unlikely that the suggested temporary facilities will be better and they have even been characterized as “internment camps.”.
- Despite what their critics say, Democrats are not soft on immigration. In fact, deportations were higher under Obama than in Trump's first term, and under Biden-Harris, multiple recent initiatives have aimed to limit unauthorized border crossings.
2. Changes in eligibility
- Immigration policies and requirements for specific immigration statuses can change at any time, regardless of the electoral cycle. What qualifies today could change in a few months. If you have an opportunity now, take advantage of it before it changes.
- For example, in June 2024, the administration Biden-Harris issued emergency orders to address recent increases in border crossingsthese orders reduce who is eligible for asylum and accelerate the deportation process.
- The Trump campaign and Project 2025 plan to reduce, restrict, or end many other existing humanitarian immigration programs, such as DACA (Dreamers), Asylum, T Visas (for trafficking victims), Temporary Protected Status, and the humanitarian parole program recently announced by President Biden.
- Trump would also reduce or restrict many other forms of legal immigration, such as student visas and work visas, by using limits, public health mandates, or other strategies to reduce immigration from specific countries and ethnic groups.
- Trump has also suggested strict ideological vetting for visas and renewals, meaning applicants could be rejected for their political views or affiliations, potentially even for participating in protests that do not align with conservative policy.
Processing times at USCIS are already long and could become even longer
- Wait times can be years for many USCIS immigration applications, especially humanitarian applications like VAWA and T visas. Currently, green card applications take from 8 months to more than 2 years. This is already a good reason to submit your application as soon as possible.
- Under any administration, wait times are likely to continue increasing if politicians continue to resist funding pragmatic improvements to our immigration system.
- The Trump campaign has suggested that it could use the backlog at USCIS to justify rejecting new applications for an indefinite period. Currently, applicants are protected from deportation while their applications are being processed, which would mean that anyone waiting for applications to reopen would be vulnerable.
4. Financial consequences
- Waiting can be expensive. With household item prices through the roof, it might not seem like the right time to invest in legal representation. However, USCIS fees are subject to change and the more complex securing your status becomes, the higher the legal fees can be.
- If you do not have proof of legal status, it is simply harder to earn a fair wage. Your opportunities are limited, and employers can take advantage of you if they know you have few options. As it becomes harder to seek legal immigration status, especially as an undocumented immigrant, this reality will only become more inescapable.
- The increased risk of arrest or deportation also carries financial consequences: you may be forced to hire a lawyer or cover travel or shelter expenses after being returned to your country of origin, all without your regular income.
5. Family Separation
- The Trump administration began separating families at the border during its first term, and as a result, some families are still trying to find each other. While this practice has been stopped by the courts, Trump has suggested that he would find a way to restart this policy. It remains unclear whether this practice could be extended to families caught up in his proposed mass deportation plans.
- Before Trump began separating families at the border, “family separation” already existed: when parents are deported, their children in the US can end up left behind. Losing status, being arrested, or being deported could mean being separated from your family and loved ones in the United States, potentially for years. Simply put, we want to do everything possible to prevent that from happening.
6. Uncertainty
- Public opinion among voters is in favor of immigration reform, one way or another. According to Pew Research polls, Eight out of 10 Americans believe the federal government is doing a poor job of managing the U.S.-Mexico border. What they think should be done about it differs, but almost everyone agrees that change is needed.
- We simply do not know what the next presidential term will look like. Due to the intense focus on immigration, whoever is elected will likely push for major changes that will almost certainly include more funding and resources for immigration enforcement.
- Living with uncertainty is a major source of stress for many of our clients. In the coming months leading up to the election, this uncertainty and stress are likely to only get worse. Finding your path to stability and legal status may not be as difficult as you think, and the sooner you take that first step, the better.
We don't know what the future holds for us, but we do know that the best way to protect yourself if you are currently undocumented in the United States is to fix your papers and secure your legal status.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.