The following are some of the changes that we predict may come about in immigration law and policy under the Trump presidency.
- It looks like the President wants to begin with a series of high profile work place raid that may or may not be televised. Certainly, reports are coming in that ICE raids are increasing.
- The administration will expectedly widen the range of people who are targeted for removal, focusing on those with even minor criminal convictions.
- This administration is going to pursue prosecution of those who even commit minor immigration violations, then try to remove them.
- We will witness an immediate reduction of the number of refugees allowed into the United States.
- The administration is expected to limit the number of people who can come to this country as visitors, non-immigrants or as immigrants, depending on what country they come from. He has instituted a form of “Extreme Vetting” for those from Muslim majority countries as well as for other countries.
- It’s estimated that about 800,000 people have been ordered removed by the immigration court but have remained in the United States. Those people are expected to be targeted now.
- More Immigration and Custom Enforcement Agents will be sent to local jails to look for those who have violated their immigration status, or entered the United States without being admitted.
- The administration may revamp the work or employment visa system, to reduce the flow of people coming in illegally on employment non-immigrant visas, as well as people getting green cards for employment. It remains to be seen what’s going to happen in congress with the dream map that will give some type of temporary legal status for people brought here unlawfully as children.
- We expect that the government will narrow the definition of what qualifies as “credible fear” of being returned to ones original home country.
We have a feeling that the Homeland Security budget for both the border patrol, and custom and boarder protection will be increased to upgrade their facilities and equipment. Mexico isn’t going to pay for a wall, but he certainly can ask for funds from congress to monitor the border.
There was a proposal raised by Trump that they would tax some of the 25 billion dollars that is sent to Mexico by people that are here in the United States, that that would be one way to pay for the wall. Whether it’s a wall or just a series of high technology video and sensor equipment, drones, etc., it will require more money to monitor the border.
There is certainly a lot of speculation. For example, the circling of people coming for work visas. One news item said that people treated them as racist, or considering only allowing H-1B visas holders who receive the highest salaries to be able get work visas, which of course would be problematic for small companies or start up businesses, where they can’t afford large salaries, but maybe still have good qualified people. Without having passed these laws, we are seeing increased scrutiny from the USCIS in H-1B visa cases.
In December 2016, a regulation was revoked or removed that required special registration for immigrants from 25 Muslim majority, and south Asian countries and the concerns are going to be a different type of administration now, but we will find out when it goes through the rule making process.
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