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Oct 2, 2024
Discover Trump's 2025 immigration plan, as laid out in Project 2025, and how it will impact the immigration field if he becomes the 47th president.
Today, we're bringing you a comprehensive update on Donald Trump's recently released immigration plan for 2025.
According to reporting by Axios, in the event Donald Trump is elected as the 47th President of the United States this year, he is proposing unprecedented restrictions on immigration and border security.
The ambitious 2025 Trump immigration plan includes a series of new and revived policies, some resting on laws that have rarely, if ever, been enforced.
And as our James Pittman put it: “Former President Trump's vision for immigration and border control is making headlines once again.” Here's a snapshot of what this plan entails:
Ideological Screening
A second Trump administration would aim to strengthen ideological screening for individuals applying to enter the U.S. legally. While U.S. law has long blocked communists, Nazis, and other “members of totalitarian parties” from entry, this provision has not been rigorously enforced in recent decades. Trump wants to enforce it to reject applicants he deems 'Marxists.' Given the elastic and inaccurate usage of that term by many on the right of American politics, such a policy could leave the door wide open to abuse in the form of using wholly subjective grounds for exclusion. Additionally, this enhanced screening could involve scrutinizing applicants' social media accounts and other digital footprints to assess their ideological leanings—further raising privacy concerns and fears of political bias.
Naval Blockade
Another striking proposal involves sending the Coast Guard and the Navy to establish a blockade in waters off the U.S. and Latin America. The stated objective of such a move would be to intercept and halt drug-smuggling boats, taking border enforcement to the high seas. “This unprecedented extension of border security into international waters could lead to significant diplomatic tensions, particularly with Latin American nations," says Pittman.
Expansion of the 'Muslim Ban'
Trump's plan seeks to expand his earlier 'Muslim ban,' which restricted immigration from predominantly Muslim or African countries. This time, he plans to widen the scope, potentially affecting more countries. The expansion could include nations that pose perceived security threats to the U.S.—even if they are not predominantly Muslim. Such an expansion would likely face significant legal and international challenges, as it could be seen as discriminatory and contrary to international human rights standards.
Cartels as 'Unlawful Enemy Combatants'
In a significant move, Trump would designate drug cartels as 'unlawful enemy combatants.' This would enable the U.S. military to target them in Mexico, potentially escalating the fight against drug trafficking. The use of military force against cartels could strain U.S.-Mexico relations, particularly if operations occur within Mexican territory without explicit consent. Moreover, this approach could blur the lines between law enforcement and military operations, raising concerns about the legality and effectiveness of such measures.
End of Birthright Citizenship:
Trump would renew efforts to end birthright citizenship for children born of undocumented immigrants in the United States. “This is a move that would no doubt trigger prolonged and lengthy legal battles,” says Pittman. Critics argue that ending birthright citizenship could create a large population of stateless individuals and deepen social divides.
Continuation of Border Wall
The plan includes the completion of the border wall that Trump initiated during his presidency. President Biden had previously halted the project. Trump’s 2025 plan also envisions the expansion of physical barriers along the southern border, including Texas’ floating barriers in the Rio Grande. This continuation is framed as a key measure to prevent illegal crossings, though its effectiveness and humanitarian implications remain hotly debated.
Deportation Measures
Trump's proposal seeks to expedite the deportation of migrant gang members, smugglers, and other criminals using a section of the 1798 Alien and Sedition Acts. These acts, originally intended for use during times of war, could be invoked to bypass lengthy legal proceedings—allowing for rapid deportations. However, using such outdated laws could face significant legal challenges and might be seen as an overreach of executive power.
Focus on the Southern Border
While Trump's primary focus remains on the southern border, it's worth noting that his plan also targets legal immigration. For instance, he intends to scrutinize the ideologies of immigration applicants by searching their social media accounts—adding a layer to the already existing practice of providing social media handles. This could deter many from applying, fearing that their personal beliefs or online activities might be misinterpreted or used against them.
Financial and Health Requirements
Furthermore, Trump plans to demand proof of health insurance affordability from prospective immigrants and impose significant bonds on some travelers seeking entry into the U.S. These measures are intended to ensure that immigrants do not become a financial burden on public services, but they could also make it significantly harder for lower-income individuals to immigrate—effectively prioritizing wealthier applicants.
Potential Challenges Inevitable
Many of these proposals, such as designating cartels as 'unlawful enemy combatants' and initiating a naval blockade, could escalate tensions with Mexico. Additionally, Trump's reliance on Mexico for the 'Remain in Mexico' policy could raise humanitarian concerns—especially if the policy is expanded or enforced more stringently than before. These actions could lead to diplomatic disputes and complicate the U.S.'s relationships with its southern neighbors.
Legal Battles Ahead
Trump's team is leaning on two sections of U.S. law to justify these plans: INA Section 212(f), which grants the president the authority to suspend the entry of aliens whose presence he deems detrimental to the United States, and the Alien Enemies Act, which is part of the old Alien and Sedition Acts signed way back in 1798. The Alien Enemies Act (officially "An Act Respecting Alien Enemies") was passed to supplement the Alien Friends Act, granting the government additional powers to regulate non-citizens that would take effect in times of war. The law was later revised to apply to both sexes. Using these laws as a basis for such sweeping immigration reforms would almost certainly lead to protracted legal battles, particularly over their constitutionality and application in peacetime.
Administration Cooperation
To realize his vision, Trump would require cooperation from key government departments, including State, Homeland Security, Health and Human Services, and Justice. His call for loyalty tests and 'Schedule F' executive orders could further shape the administration's approach to immigration. These measures would give the president greater control over the federal bureaucracy, potentially allowing for the swift implementation of his immigration agenda with minimal internal resistance.
Project 2025 is a policy initiative organized by conservative think tanks and advocacy groups, including the Heritage Foundation, with the goal of reshaping how the federal government operates. It aims to streamline executive decision-making and implement significant reforms across various sectors, particularly in immigration. Project 2025 outlines a roadmap for future administrations to centralize authority within the executive branch, expedite regulatory changes, and introduce stricter immigration policies. These policies would build upon previous efforts to enhance border security, tighten asylum requirements, and potentially curtail benefits such as birthright citizenship.
The plan includes discussions about revisiting the interpretation of the 14th Amendment, which grants automatic citizenship to anyone born on U.S. soil. Project 2025 proponents have argued for a more restrictive approach to birthright citizenship, particularly for children of undocumented immigrants, though changes to this policy would likely face legal challenges.
Project 2025 emphasizes stronger enforcement of immigration laws, including ramping up deportation efforts for undocumented immigrants. The blueprint suggests expanding the use of immigration courts, increasing detention capacity, and using executive authority to accelerate mass deportations. These measures align with a broader strategy to deter illegal immigration and enforce existing laws more rigorously.
If Trump becomes president again, we can expect that his immigration stance will lead to the following changes:
One of the key proposals of Project 2025 is to remove the current protections around sensitive areas like schools, hospitals, and religious institutions. Without these protections, Immigration and Customs Enforcement (ICE) agents could conduct raids in these locations. This would increase the chances of detaining undocumented immigrants and create fear within immigrant communities, potentially deterring people from accessing essential services.
Project 2025 also aims to expand the expedited removal process, which currently allows for the quick deportation of individuals caught near the border. The expansion would apply nationwide, enabling deportations without judicial review. This would speed up the deportation process but raise concerns about due process and the potential for wrongful deportations.
The plan targets key programs that offer relief to vulnerable groups, including Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and visas for victims of crime (T and U visas). Ending these programs would strip legal protections from hundreds of thousands of people, pushing them into undocumented status and making them vulnerable to deportation. This change could have a severe impact on individuals seeking refuge from violence or natural disasters.
Project 2025 immigration policies propose to eliminate the Diversity Visa Lottery and significantly restrict family-based immigration, often referred to as "chain migration." The goal is to move towards a merit-based system that favors immigrants with specific skills and economic contributions. While this might attract skilled workers, it would also reduce the diversity of immigrants and limit opportunities for family reunification, a long-standing principle of U.S. immigration policy.
Immigration lawyers will need to stay flexible and well-informed to handle these proposed changes and deal with immigration cases. Knowing the new policies inside and out will be key to helping clients navigate a tougher legal environment. Lawyers might have to find different ways for clients to gain legal status and make sure they comply with stricter rules, all while fiercely protecting their client's rights. Lawyers should keep abreast of developments in efforts to challenge, for example through litigation, policies that are unfavorable to their clients.
During President Trump’s time in office, over 470 changes were made to the U.S. immigration 2024 system—many of which aimed to cut legal immigration and restrict protections for vulnerable groups. For instance, the administration lowered the number of asylum seekers and refugees allowed into the U.S. and made it easier to deport people quickly, leaving them less room to challenge their removal.
There’s a high chance that Trump's immigration policy will become more restrictive. If he becomes president for the second time, lawyers should be ready for more legal challenges. They will also need to tackle any immigration issues related to travel bans, stricter background checks, and reduced access to visas and green cards.
As we progress toward the 2024 election, this immigration plan will undoubtedly, at times, take center stage in discussions. It's clear that it carries the potential to reshape immigration policies and practices if Donald Trump returns to the presidency in 2024. Stay informed, stay engaged, and stay tuned for more immigration-related insights with our video updates and on our podcast Immigration Uncovered.
