FAQ
General Immigration Policy
Will there be a renewed focus on mass deportations, and how will they be implemented?
Renewed focus on mass deportations: There is no confirmed move toward mass deportations under current USCIS guidelines. Enforcement focuses on individuals with criminal records or national security risks, as per ICE priorities. Check updates at USCIS Enforcement Priorities.
Why should we do our case withWhat changes can be expected regarding the enforcement of immigration laws in sanctuary cities? your agency?
Immigration laws in sanctuary cities: Federal enforcement typically bypasses local sanctuary policies, relying on federal agents to execute immigration detainers. The cooperation of sanctuary cities remains limited unless mandated by federal law.
Will the “Remain in Mexico” policy for asylum seekers be reinstated or expanded?
“Remain in Mexico” policy: The Migrant Protection Protocols (MPP) ended in 2021, but their reinstatement or expansion would require new executive orders or legislation. Updates may be found at USCIS Newsroom.
How might the military or National Guard be used in immigration enforcement?
Military or National Guard in enforcement: The military has been deployed for border security assistance, but their role remains logistical and non-enforcement under the Posse Comitatus Act.
Will the Trump administration attempt to end birthright citizenship?
Ending birthright citizenship: Attempts to end birthright citizenship (granted under the 14th Amendment) would require constitutional amendments. Such efforts have not progressed significantly.
Asylum and Refugee Policies
How will stricter asylum criteria impact asylum seekers from Haiti and African nations?
Stricter asylum criteria: The U.S. has implemented streamlined asylum processes and expedited hearings, which may challenge claims from Haiti and African nations. For details on current asylum policies, visit USCIS Asylum.
What will happen to Temporary Protected Status (TPS) for groups like Haitian migrants?
Temporary Protected Status (TPS): TPS for Haitian migrants has been extended through August 2025, allowing eligible individuals to remain and work in the U.S. More information is available at USCIS TPS.
Will the refugee admission cap be further reduced, and what would the criteria for acceptance be?
Refugee admission cap: The refugee ceiling for FY 2024 is 125,000. Criteria prioritize humanitarian needs, family reunification, and regional crises. USCIS Refugee Process.
Employment-Based Immigration
Will the H-1B visa program face stricter criteria or reduced quotas?
H-1B visa program changes: USCIS has introduced lottery system updates and prioritization based on wages to support skilled workers. The program remains competitive with annual caps. Learn more at USCIS H-1B.
How might a shift toward merit-based immigration affect family-sponsored immigrants?
Merit-based vs. family-sponsored immigration: A shift to merit-based immigration could reduce family-based green cards, though no major legislative changes have occurred yet. Legislative updates are tracked at Congress.gov.
Will there be new restrictions or changes to employment authorization for refugees and immigrants?
Employment authorization changes: Refugees and immigrants maintain eligibility for Employment Authorization Documents (EADs), though processing times may vary due to updated fee structures and form requirements.
Family-Based Immigration
Will family reunification visas face additional scrutiny or delays?
Family reunification visas: Updated policies focus on streamlining Form I-130 (Petition for Alien Relative) and addressing procedural errors to minimize delays .
How might stricter enforcement of the public charge rule affect family-based immigration?
Public charge rule: The rule now considers only cash welfare benefits and institutionalization at public expense. This minimizes its impact on family-based petitions .
Deferred Action and Protection Programs
What will happen to the Deferred Action for Childhood Arrivals (DACA) program?
DACA program: DACA remains available for current beneficiaries, though new applications are on hold pending court decisions. Updates are provided at USCIS DACA.
Will new pathways for legal status, like parole programs for certain migrants, be eliminated?
Parole programs: Parole programs, like those for Cubans and Haitians, continue under humanitarian frameworks. Changes would require new policy directives.
Border Security and Physical Barriers
Will border wall construction be expanded, and what areas will be prioritized?
Border wall construction: Funding has shifted toward technology and personnel instead of new wall construction. Updates can be monitored at DHS Newsroom.
What new technologies or personnel increases are planned for border enforcement?
Border enforcement technologies: Enhanced surveillance systems, drones, and biometric data are now standard for border security.
Enforcement and Deportation
Will deportations of undocumented immigrants without criminal records increase?
Deportations of non-criminal immigrants: Deportation priorities focus on public safety threats and recent border crossers. Non-criminal undocumented immigrants face lower risks.
How will interior enforcement, such as workplace raids, be affected?
Interior enforcement: Workplace enforcement has intensified, emphasizing employer accountability rather than raids.
Legal Immigration Pathways
What changes are expected to processing times and fees for green cards and visas?
Processing times and fees: USCIS updated its fee schedule in 2024 and continues to reduce backlogs for certain green cards.
Could the number of employment-based green cards be increased in place of family-based options?
Employment-based green cards: Advocacy exists for increasing caps, but no changes have occurred.
Educational and Social Rights
Will the Trump administration seek to limit access to public education or services for immigrant children?
Access to education and services: Immigrant children retain access to K-12 education, protected under Plyler v. Doe. Social service restrictions require new federal or state laws.
How might the administration handle higher education opportunities for undocumented students?
Higher education opportunities: Policies for undocumented students remain state-specific, with some states offering in-state tuition and scholarships.
Employer Accountability
Will the E-Verify system become mandatory for all U.S. employers?
Mandatory E-Verify: Proposals for mandatory E-Verify persist but are not yet implemented nationally. Employers must comply with I-9 verification.
How will penalties for employers hiring undocumented workers change?
Penalties for hiring undocumented workers: Penalties have increased, and audits are more frequent under updated enforcement measures.