By Darius Amiri, Rose Law Group Immigration Dept. Chair
Big Changes in Immigration Start Now!
Well its official! President Trump is back in office and his administration has wasted no time implementing sweeping changes to our nation’s immigration policies. Lets take a look at a few of the most notable so far.
- End to the CBP One App
During the Biden Administration, CBP one was rolled out as a type of app based lottery system where asylum applicants could register for an appointment to have their initial claim heard by an officer at a designated port of entry, and then if determined eligible, be paroled into the country while they await their final hearing. The Trump Administration issued an executive order immediately curbing the program, to the extent that people who had appointments on Monday were no longer able to access or confirm them, and the CBP One app as of today is nonfunctional. Critics of the program say it incentivized migrants to come to the borders and apply for asylum, but proponents argued that CBP One brought some order to border chaos and actually decreased the number of applicants.
- Reinstatement of Remain in Mexico Program
The Trump Administration is also bringing back its controversial Remain in Mexico policy, which forced more than 70K asylum seekers to wait in Mexico prior to their asylum hearings. Last time around, this policy created a lot of apprehension for asylum seekers especially ones not native to Mexico, forced to remain for weeks or even months in a country where they have no legal standing, and were subject to violence and extortion by organized or local criminal elements. It is unclear to what extent the country of Mexico will coordinate with the Trump administration especially when it comes to the allowing foreign nationals who are not Mexican nationals or residents to remain long term in Mexico while awaiting their asylum hearings.
- A Pause on Refugee Admission
The Administration is also suspending the admission and resettlement refugees to the United States, something also done in its first term before being reversed by the Biden administration. There are reports of spouses and children of Afghan refugees who served alongside US armed forces in our war against the Taliban already being informed that their flights have been cancelled and their admission to reunify with their families already inside the U.S. is now on hold. To what extent and for how long remains to be seen.
- Designating Cartels as Foreign Terror Organizations
The Trump Administration has also, through Executive Order, declared certain cartels such as MS-13 to be named foreign terrorist organizations. This may clear the way for mass deportations of suspected gang members or affiliates without formal convictions or due process.
- Initiation of Mass Deportation Program
Throughout his campaign, President Trump and surrogates such as Stephen Miller and Thomas Homan pledged to deport more than 11 million persons estimated to be living in the United States without documentation. There are reports of massive removal and enforcement operations being planned by ICE (Immigration Customs and Enforcement) starting as early as next week in cities such as Los Angeles, Philadelphia, Denver and Chicago.
- End of Humanitarian Parole Program for Certain Countries
The Trump administration has quickly put an end to the Biden era program that allowed for half a million migrants from Cuba, Venezuela, Nicaragua, and Haiti to legally enter the United States. On Monday, President Trump, via executive order, instructed the Department of Homeland Security to immediately terminate these programs. What happens to the people currently in the country lawfully admitted under this Parole Program remains to be seen, but they could be subject to deportation now that their status is being rescinded.
- End to Birthright Citizenship
The Trump Administration also issued an Executive Order attempting to end birthright citizenship in the United States. Birthright citizenship, enshrined in the Fourteenth Amendment, means that anyone born in the United States, regardless of their parents alienage, is considered a US citizen immediately upon birth. The Executive Order suggests that the Fourteenth Amendment has been wrongly interpreted, and would deny birthright citizenship to people who’s parents were in the country undocumented, or on temporary visa statuses. Estimates suggest this could affect 1 in 12 Americans being born. There are already constitutional challenges in the form of lawsuits by many State Attorney Generals being drawn up, including a challenge from AZ AG Kris Mayes, but how the Courts will rule on this controversial executive order is not yet clear.
This is a summary of some of the notable actions taken in just the first two days of this Administration. Undoubtedly, we can expect many more challenges to the US immigration system from this Administration in the days, weeks, months, and years to come.
