With the prospect of a new Trump administration, many immigrants and their families are anxious about potential policy changes that could impact their legal status, work permits, and pathways to citizenship. Based on Trump’s past immigration policies and recent statements, we may anticipate reforms focusing on limiting certain types of immigration, increasing enforcement, and narrowing eligibility for benefits. This article explores potential changes and proactive steps individuals can take now.
Key Potential Changes in Immigration Policy
- Increased Enforcement and Deportation Efforts – During the previous administration, President-elect Trump prioritized enforcement actions, particularly targeting undocumented individuals. We may see a reinstatement or enhancement of programs like Secure Communities, which involves local law enforcement agencies cooperating closely with Immigration and Customs Enforcement (ICE) to detain noncitizens.
- Restrictions on Employment-Based Immigration – Another anticipated area of reform could be employment-based visas, especially for H-1B and L-1 visas. Trump’s “Buy American, Hire American” executive order previously aimed to limit the number of foreign workers by increasing scrutiny on work visas. This may mean increased denials or longer processing times, particularly for skilled workers. A change that could be felt across most nonimmigrant visa types is a significant slowdown in processing times, adding even more uncertainty to an already stressful process.
- End to DACA Protections – The Deferred Action for Childhood Arrivals (DACA) program may once again be at risk, putting recipients, known as “Dreamers,” at risk of losing work authorization and protection from deportation.
- Narrowing of Asylum Eligibility – We may also see changes that restrict asylum protections, including limitations on the types of cases that qualify for asylum and restrictions on where and how people can apply for asylum.
Immediate Actions to Consider Before the New Administration
- Seek Legal Counsel and File for Benefits Early – Those eligible for immigration benefits, such as green card applications, work authorizations, or citizenship, should consider filing as soon as possible! Given the possibility of future restrictions, early filing may increase the chances of favorable processing under current regulations. Additionally, if your work visas are eligible for renewal or close to their expiration dates, it would be prudent to renew your nonimmigrant status (especially H-1Bs and L-1s) as early as possible through Premium Processing to ensure you do not have to renew your status for a few years.
- Renew DACA and Other Temporary Protections – For DACA recipients and individuals under Temporary Protected Status (TPS), timely renewals are crucial. Given the uncertainty, even a short renewal window could provide some stability.
- Explore Alternative Immigration Options – In the face of stricter enforcement, consulting with a qualified immigration attorney may reveal alternative visa or immigration options that align with long-term goals. This might include family-based immigration, the EB-5 investment visa, or extraordinary ability petitions.
- Prepare for Compliance with New Employer Requirements – Employers of noncitizen workers should review their compliance practices. Noncitizen employees may also want to be vigilant about maintaining documentation to avoid potential challenges to their employment eligibility.
Conclusion
While the specific immigration policies of the new Trump administration remain uncertain, the general direction leans toward restriction and enforcement. Immigrants, their families, and employers should consider taking preventive steps, such as consulting legal counsel, filing for benefits early, and preparing for potential compliance challenges. Staying informed and prepared will help individuals navigate the changes that may be on the horizon.
If you wish to explore what actions you can take before January 2025, please email olesya@essentiallegalplanning.com or call us today at (202)743-1656. Our dedicated team is here to support you every step of the way!
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LEARN MORE:
https://www.politifact.com/article/2023/nov/21/how-viable-is-donald-trumps-2024-immigration-plan
