Potential Shifts in U.S. Immigration Policies under a Second Trump Administration

By: Toni Ordona and Mishita Jethi

Introduction

 On November 6, 2024, President-Elect Donald J. Trump prevailed during the 2024 U.S. presidential election. During his presidential campaign, President-Elect Trump pledged to bring significant changes in the U.S. immigration system with anticipated shifts towards stricter enforcement of immigration regulations, particularly impacting business immigration, and plans to strengthen border security. 

Summary

In the coming weeks, President-Elect Trump is expected to outline detailed plans for his immigration policy. After his inauguration in January 2025, the U.S. immigration system will continue its operations, but employers and foreign nationals are expected to face greater challenges throughout the process. So, what will this mean for the future of business immigration? Here are some potential key changes.

Trump Administration Prospects for Employer-Sponsored Immigration

The President-Elect and his administration have emphasized changes in immigration enforcement, including "Hire American" policies that prioritize American workers and initiatives aimed at increasing deportations of undocumented individuals. These changes could be quickly implemented through executive orders affecting U.S. immigration agencies, including the Departments of Homeland Security, State, and Labor.

Employers and foreign nationals applying for employment-based immigrant and non-immigrant visas may potentially face tighter requirements, more administrative hurdles, and slower case processing timelines. Detailed plans may be developed to prioritize American workers and restrict legal immigration, with some changes potentially implemented quickly through administrative guidance or the rescission of existing policies.

Impact on Humanitarian Immigration Programs

With respect to humanitarian immigration programs, the administration may likely terminate DACA, halt renewals of Temporary Protected Status (TPS), and end certain humanitarian parole programs. While these actions may face legal challenges, the outcome is uncertain. Foreign nationals currently benefiting from humanitarian programs may be eligible for other immigration pathways, but their eligibility and the risks of pursuing such filings will need careful consideration.

Impact on Travel Restrictions and Travel Bans

The second Trump Administration is expected to reinstate travel bans similar to those imposed during his first term, potentially targeting countries such as Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. The reasoning and extent of these bans remain unclear at the moment, however, the Trump administration could implement them as early as January 20, 2025.

Additionally, the administration is likely to introduce "extreme vetting," which would involve intensive biometrics, background checks, and security screenings for foreign nationals throughout the immigration process. This policy could lead to longer delays for visas, entry, and immigration benefits, as well as a higher rate of denials and refusals of entry, affecting both foreign nationals planning to travel to the U.S. and those already present in the country.

Immigration Enforcement and Compliance

While immigration enforcement has been a priority under the Biden Administration, President-Elect Trump has signaled plans for extensive enforcement for his second term. This could include:

•      Increased audits of employers’ Form I-9 employment eligibility verification practices.
•      Broader inspections by USCIS’s Fraud Detection and National Security (FDNS) division.
•      More Department of Labor audits and investigations into labor certification and labor condition application (LCA) compliance.
•      Ongoing Department of Justice focus on discrimination against U.S. workers.

Conclusion

For any questions on this topic, please contact a trusted immigration professional at Chugh, LLP to discuss strategies for immigration filings, review compliance practices, and communicate with employees and business units about how the change in administration may impact opportunities to foreign talent.