Shortly after taking office, President Trump enacted an order prohibiting entry to individuals from several predominantly Muslim countries, prompting a swift response from immigration lawyers in New York who mobilized to assist detained travelers at Kennedy Airport.
By midday, hundreds of attorneys were on-site, interviewing relatives of detained passengers and preparing legal petitions for their release. This initial mobilization in 2017 laid the groundwork for a network of lawyers ready to contest anticipated immigration policies that Trump has indicated he will pursue during a potential second term.
Following his recent election victory over Kamala Harris, Trump is expected to announce key cabinet appointments soon, including the head of the Department of Homeland Security. His administration is likely to enact stricter immigration measures, an outcome that immigration lawyers have been preparing for over the past months.
The Supreme Court previously upheld a version of the travel ban, which was lifted by the Biden administration in 2021. However, Trump has stated his intention to reinstate the travel ban in the future.
During his campaign, Trump committed to implementing the largest deportation effort in U.S. history, although he did not clarify whether this would target long-term undocumented immigrants or those who recently crossed the southern border. As of 2022, approximately 11 million undocumented individuals lived in the U.S., with nearly two-thirds having resided there for over ten years.
While mass deportations are challenging with current resources, Trump has proposed deploying U.S. troops to the southern border and collaborating with governors to utilize the National Guard for enforcement within the country.
In his victory speech, Trump claimed a strong mandate from voters to advance his agenda. The immigrant advocacy community anticipates a significantly altered political climate as Trump returns to the White House in January, with heightened public concern over immigration and increased support for tougher policies.
Unlike in 2016, when Trump won the Electoral College but lost the popular vote, he won both in the recent election, marking a notable shift in voter sentiment toward his hardline immigration stance. He will also take office with a Supreme Court that includes three justices he nominated during his first term.
Immigrant advocates have voiced concerns about potential large-scale workplace raids, increased restrictions on asylum, and the expansion of detention facilities, as well as the possibility of terminating programs that currently protect certain individuals from deportation.
Legal experts and advocates, including those who previously challenged Trump’s policies, are preparing to respond to anticipated actions by the new administration. They emphasize the importance of upholding constitutional rights and plan to utilize legal avenues to protect immigrants.
Trump's immigration agenda is expected to receive support from Republican state attorneys general who have previously challenged Biden's immigration policies. These legal battles have kept immigration at the forefront of public discourse, further complicating the Biden administration's efforts.
As Trump prepares to issue executive orders on his first day in office, including measures to secure the border and arrest undocumented immigrants, advocates anticipate a surge in lawsuits aimed at defending immigrant rights.
Organizations such as the American Civil Liberties Union are poised to take legal action against any unconstitutional policies, having successfully challenged many of Trump’s earlier immigration initiatives. They have committed to defending individuals’ rights in various forums.
Concerns also loom over the Deferred Action for Childhood Arrivals (DACA) program, which protects many undocumented immigrants brought to the U.S. as children. Legal challenges to DACA continue, with potential implications for its future under a Trump administration.
Advocates recognize the heightened challenges compared to previous years, with many organizations already strategizing to counteract expected policies and support undocumented communities through various initiatives.
As the new administration prepares to implement its immigration policies, experts warn that historical precedents may influence its approach, potentially leading to measures that could infringe on civil liberties.
In light of these developments, immigration advocates and lawyers remain vigilant, ready to respond to the anticipated changes and defend the rights of immigrants across the nation.