What Effect Will the New Trump Administration Have on my Immigration Case?

Every four years, we have clients who ask us what effect a new presidential administration might have on their immigration cases. The simple answer is that we can never be certain until the new administration starts to put policies in place and to champion legislation in Congress. However, we can get an idea about the priorities of a new administration by listening to what is said during the campaign and in the early days of the administration.

During the 2024 campaign, President Trump made it clear that his administration would prioritize removing undocumented immigrants; make it more difficult for individuals arriving at the southern U.S. border without a visa to pursue asylum or other lawful statuses; and curtail or end various Temporary Protected Status designations. While it has always been unlawful to enter the United States without being inspected and admitted (i.e. without presenting oneself to Customs and Border Patrol and being admitted into the country), even those individuals who properly present themselves at the border and those who seek lawful avenues to come to, or remain in, the United States may be affected by these policies. Temporary Protected Status (or “TPS”), for example, is a status that individuals from certain countries that the United States has deemed to be unsafe can use to temporarily reside and work in the United States while conditions in their countries improve. Many TPS holders come from Haiti, Afghanistan, Ukraine, Somalia, South Sudan, and other countries which have experienced war, environmental disasters, famine, and other serious humanitarian crises. During the 2024 campaign, President Trump and Vice President Vance repeated unsubstantiated claims that Haitian immigrants were committing crimes on a large scale, and even suggested that Haitian immigrants who had come here lawfully might be removed in a future Trump administration.

In addition, looking at what occurred during President Trump’s last administration may also help give us a window into what might occur during his new administration. For example, the previous Trump administration enacted a “Remain in Mexico” policy, which required certain asylum seekers to remain in Mexico (often long-term) while their asylum cases were processed, rather than to be admitted into the United States temporarily while their cases were processed.

While each presidential administration presents unique challenges for immigration, it helps to have an experienced immigration attorney who will explore your possibilities with you to try to achieve the best outcome. If you would like to discuss your unique immigration matter with one of our attorneys in more detail, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.