Under a second term of former President Donald Trump, it is likely that the policies to control illegal immigration would align with those implemented during his first term, as well as with some potentially new strategies
While the measures proposed by former President Donald Trump to control illegal immigration are often framed as efforts to secure the U.S. border and protect national security, several of these policies may be seen as impractical especially when considering their impact on genuine legal immigrants.
Below are some measures that Trump Administration could take and how they are expected to backfire:
1. Border Wall Construction and Expansion
Trump’s signature campaign promise during his first term was the construction of a wall along the southern border with Mexico. In a second term, he would likely prioritize completing and expanding the wall. He may use executive orders and emergency declarations to secure funding for the same.
Challenges: Private Land Acquisition:
Building a border wall along the entire southern border of the U.S. is logistically and financially impractical. The U.S.-Mexico border spans approximately 2,000 miles, and the construction of such a wall would face enormous challenges, including environmental concerns, legal battles, and the displacement of local communities. Additionally, the cost of maintaining the wall is a significant concern.
2. Increased Border Patrol and Enforcement
More Border Patrol Agents: Trump could push for the recruitment of additional Border Patrol agents to enhance enforcement along the southern border.
Trump may increase Investment in surveillance technology, drones, and other tools to monitor the border. Additionally, Trump may continue to deploy the U.S. military to support border enforcement, especially in emergency situations.
3. Ending Catch-and-Release Policy that has contributed a lot to current level of illegal immigrants
Tighter Asylum Policies: Trump sought to end “catch and release,” a practice where individuals seeking asylum are released into the U.S. while they wait for their court hearings. He may attempt to reinstate policies like the “Migrant Protection Protocols,” which kept asylum seekers in Mexico while they awaited hearings in the U.S. immigration courts.
Expedited Removal: He might push for faster deportation processes for individuals who cross the border illegally, reducing the time they stay in the U.S. while their cases are pending.
Impracticality:
The practice of “catch and release” (releasing asylum seekers into the U.S. while they await hearings) has been challenged, but its complete elimination is difficult without significant changes to the U.S. immigration court system. The backlog of cases in immigration courts already spans millions of cases, which could make the expedited removal of asylum seekers impractical and unworkable.
Asylum seekers seeking lawful entry might be caught up in a system that treats them as potential threats rather than individuals following the law. This could result in wrongful detentions for people trying to come to the U.S. legally.
4. Reforms to Legal Immigration and Refugee Programs
Merit-Based Immigration: Trump is a staunch advocate for a merit-based immigration system, emphasizing skills, education, and job potential over family-based or refugee status. He could push for stricter criteria for immigration that prioritize economic contributions over family reunification.
Trump has historically aimed to reduce the number of refugees admitted into the U.S. during his administration particularly from countries considered security risks.
Impracticality:
Reducing refugee admissions based on political considerations rather than humanitarian needs creates complications in the U.S.’s ability to honor its international commitments to refugees and asylum seekers. It could undermine U.S. credibility on human rights.
5. Increased Enforcement of Immigration Laws
Deportation of Undocumented Immigrants: The Trump administration could ramp up deportation efforts targeting undocumented immigrants living in the U.S., particularly those with criminal records, gang affiliations, or who have overstayed their visas.
Trump might increase workplace enforcement efforts, targeting employers who hire undocumented workers and conducting more ICE raids on businesses suspected of violating immigration laws.
Impracticality:
Mass deportation efforts would require enormous resources, including personnel, infrastructure, and legal systems. Given the millions of undocumented immigrants in the U.S., the idea of removing them swiftly is unrealistic.
Legal immigrants may feel insecure about their own status, especially if they come from countries with high rates of undocumented immigration.
6. E-Verify Expansion
Mandatory E-Verify for Employers: Trump could push for a nationwide requirement for employers to use the E-Verify system, which verifies the immigration status of employees, to prevent hiring undocumented workers.
Penalties for Non-Compliance: He may advocate for stronger penalties for businesses that fail to comply with E-Verify or hire undocumented workers.
Impracticality:
While E-Verify is a useful tool to verify employment eligibility, requiring all employers to use it nationwide, not all employers have the technology or infrastructure to use E-Verify efficiently, and errors in the system could lead to wrongful denials of employment for both legal immigrants and U.S. citizens.
E-Verify issues could disproportionately affect legal immigrants, particularly those who may have similar names or records that are more prone to errors in the system. Legal immigrants who rely on employment to support their families might face unnecessary delays or rejections, even if they are authorized to work in the U.S.
7. Decreased Protection for DACA Recipients
End or Rollback of DACA: While the Trump administration attempted to end the Deferred Action for Childhood Arrivals (DACA) program, the policy has been blocked by the courts. However, Trump could continue efforts to rescind the program, limiting work permits and protections for undocumented immigrants who came to the U.S. as children.
Challenge:
Trump might have to seek a legislative solution for DACA recipients that would involve stricter conditions or a reduction in the number of people eligible for such protections.
Public Charge Rule
Public Charge Rule Enforcement: Trump’s administration may continue with its previous policy of “public charge” rule, which denied green cards to individuals who relied heavily on public assistance. This rule would likely remain a focal point in his immigration policies, limiting access to welfare programs for legal immigrants and their ability to remain in the U.S.
Impracticality:
The expanded public charge rule, which makes it more difficult for immigrants who have used public assistance to get permanent residency or green cards, has been criticized as burdensome and subjective. The criteria for determining whether someone is a “public charge” are complex and open to interpretation.
Genuine legal immigrants, especially those who may temporarily rely on public assistance due to job loss, health issues, or other reasons, could be unfairly penalized under this rule and could lead to families avoiding vital support programs out of fear of being labeled a public charge.
8 Tighter Visa and Temporary Worker Policies
H-1B Visa Restrictions: Trump has been vocal about limiting the number of foreign workers coming into the U.S. on temporary visas like the H-1B. He could further restrict these visa programs to prioritize U.S. workers and reduce perceived job competition.
Impracticality:
The implementation of tighter visa restrictions for certain countries or regions often leads to diplomatic tensions and discourage international collaboration, tourism, or academic exchanges. People with legitimate reasons for travel or immigration may face significant delays and may feel discouraged by the increased scrutiny and difficulty in obtaining visas.
Challenge: Reduced Access to Temporary Worker Programs: Trump ‘s attempt to curb temporary work visas (such as for agricultural or seasonal workers) is likely to affect the agriculture sector which relies heavily on unskilled/ undocumented immigrants.
9 Tougher Relations with Mexico and Central America
Pressure on Mexico to Control Migration: Trump is likely to push for increased cooperation from Mexico in preventing migrants from passing through Mexico to the U.S. This could involve greater use of tariffs, financial incentives, or military support.
Trump could use foreign aid as leverage to pressure Central American countries (like Guatemala, Honduras, and El Salvador) to prevent migrants from traveling northward by implementing stricter border controls and addressing the root causes of migration such as violence and poverty.
10 Ramped-up Messaging and National Security Rhetoric
Emphasis on Border Security as National Security: Trump would continue framing illegal immigration as a threat to national security, invoking issues such as drug trafficking, gang violence, and the potential for terrorism to justify aggressive border enforcement.
Trump is likely to depict illegal immigration as a threat to American jobs, culture, and public safety, which may resonate with his political base and influence public opinion.
Impracticality:
A focus on “America First” rhetoric may overlook the benefits that immigrants bring to the economy and society. It would affect the diverse skill set that immigrants contribute to the U.S.
Summing Up:
Many of Trump’s proposed immigration policies, if implemented without careful consideration of their consequences, could create a difficult environment not just for illegal immigrants but also for genuine legal immigrants.
By focusing heavily on enforcement and restriction without balancing it with clear pathways for legal immigration, these policies could undermine the value that legal immigrants bring to the U.S. and could foster an atmosphere of fear and distrust.