Buoyed by initial successes challenging Trump administration immigration actions such as the travel ban in federal court, many critics expected the judiciary to act as a brake on major changes to the immigration system. Yet the Supreme Court has repeatedly shown a willingness to affirm the executive branch's immigration policies, most recently permitting what is arguably the most significant asylum policy change in four decades to proceed.
Ideological differences in the Democratic Party over immigration that were once masked by unity against President Trump’s border wall and immigration agenda are now being exposed as Democratic presidential candidates seek to stand out in a crowded field and amid controversy over an emergency border spending bill. As the 2020 electoral calendar accelerates, how the party navigates the gulf between its most liberal and conservative wings will become a greater challenge for its leaders.
Approximately 11,500 unaccompanied children were apprehended at the U.S.-Mexico border in May, putting this year on track to exceed 2014's surge. As the U.S. government struggles to care for these child migrants, with public outrage mounting over reports of unsafe, filthy conditions in initial Border Patrol custody, the failure of the executive branch and Congress to plan for increased shelter and care demands are increasingly apparent, as this article explores.
The Trump administration’s plan to create a "merit-based" U.S. immigration system, lessening the longstanding focus on family reunification in favor of more economic migrants, has met with a lackluster response from Democrats and Republicans alike. This Policy Beat article explores how the Trump proposal would reshape immigration to the United States, and how it compares to selection systems in other countries and past debates about changing the U.S. system.
Though it has achieved success in some areas, the Trump administration’s many efforts to stiffen immigration enforcement in the U.S. interior and at the Southwest border are being consistently stymied by court injunctions, existing laws and settlements, state and local resistance, congressional pushback, and migration pressures that are beyond the government’s ability to swiftly address, as this article explores.
Remain in Mexico—the Trump administration policy aimed at deterring the rising numbers of migrants from Central America by requiring them to stay in Mexico through most of their U.S. asylum adjudication process—bears striking similarities to U.S. policy in the 1980s and 1990s that sought to discourage Haitians from making the sea journey to the United States. This article explores the parallels and differences between Remain in Mexico and the earlier narrowing of asylum for Haitians.
Though a faceoff between the U.S. executive and legislative branches is now in the courts, with President Trump's decision to declare a national emergency so he can allocate more money for construction of a border wall, a less-noted dispute has been taking place over the Department of Homeland Security's decision to add thousands more immigration detention beds than Congress provides annually, as this article explains.
Two years after the Trump administration’s much-litigated travel ban was created, the policy has demonstrated a significant impact on the admission of foreigners from the banned countries, while also reshaping U.S. security vetting procedures and the refugee resettlement process in enduring ways, as this article explores on the second-year anniversary.
The Trump administration’s latest effort to narrow the ability to apply for asylum at the U.S.-Mexico border hit a legal roadblock within days of implementation, as has been the pattern for much of its immigration agenda. This article examines the actions on asylum, which alongside deployment of active-duty military to the border, are among measures taken to seek to reduce the flow of Central Americans to the United States.
In less than two years as Attorney General, Jeff Sessions oversaw wide-reaching changes to the U.S. immigration system. Even as the zero-tolerance policy, fights with "sanctuary" cities, and DACA termination might be more visible, Sessions' enduring legacy may be his muscular use of a little-noted authority, which he wielded to significantly reshape immigration and asylum policy by referring immigration cases to himself.
Legal and political controversy surrounds the Trump administration's decision to include a question on citizenship status in the 2020 decennial census, the first such inclusion since the 1950 census. This article examines the administration's conflicting statements about the genesis of the plan, concerns that the decision could affect the accuracy of the census, and legal challenges pending in a number of states.
As the Trump administration moves to be able to indefinitely detain parents and children intercepted at the U.S.-Mexico border, whether illegal border crossers or asylum seekers, recent apprehension trends and history suggest hardline policies might not be a slam-dunk deterrent with a Central American population often driven by the desire to escape gang or other violence, as this Policy Beat explores.
With the #AbolishICE movement catching fire among some on the left, critics of the Trump administration's immigration policies have seized on U.S. Immigration and Customs Enforcement (ICE) as their main target—even condemning it for actions taken by other agencies. This article explores the evolution of ICE and resistance to it, as well as actions taken by the agency itself that have made its mission even more controversial.
Though the Supreme Court handed the Trump administration a major victory by upholding its much-contested travel ban, less noted has been the fact that the ruling left an opening for future challenges to the policy of barring groups of foreign nationals from the country. This Policy Beat explores the evolution of the travel ban, the justices' arguments for and against, and changes in visa grants from travel-ban countries.
Frustrated by an uptick in migrant apprehensions at the U.S.-Mexico border in recent months, the Trump administration unveiled a set of sweeping changes, aiming to prosecute for federal immigration crimes every migrant apprehended crossing illegally. The policy will likely be hindered by legal challenges and capacity limitations, as this article explores.
Seizing on reports of a migrant “caravan” making its way northward through Mexico, President Donald Trump called for up to 4,000 National Guard troops to deploy to the Southern border. Although previous presidents took similar action in response to upticks in violence and apprehensions, the picture at the border today differs on several metrics. This article examines how the deployment compares to those under Presidents George W. Bush and Barack Obama.
While much attention has focused on President Trump's efforts to crack down on illegal immigration, the administration has moved, via a much wider scope of actions, to reduce legal immigration to the United States. This article explores changes including slowed processing of family- and employment-based visas, dramatic cuts in refugee admissions, and heightened vetting and evidence requirements for would-be immigrants.
The Trump administration has been steadily building a case to penalize "sanctuary" cities—those jurisdictions that in some way limit their cooperation with federal immigration authorities—after threatening to cut federal funding. Despite court rulings that seemed to strike a blow against these efforts, the Justice Department is moving forward with its strategy, relying on a broad interpretation of a federal statute, as this article explores.
An unannounced sweep of 98 convenience stores by U.S. immigration authorities—resulting in the arrest of 21 unauthorized workers—may signal a new approach to worksite enforcement under the Trump administration, moving away from a strategy of paper-based audits that resulted in higher employer fines and fewer worker arrests. This article explores worksite enforcement over recent decades.
The Trump administration’s announcement that it will end Temporary Protected Status (TPS) for nationals of Haiti, Nicaragua, and Sudan has brought unprecedented attention to the program and its future. Established in 1990, TPS offers work authorization and deportation relief to foreign nationals already in the United States unable to return to countries embroiled in conflict or the effects of a natural disaster. This Policy Beat explores past and current TPS designations and debates surrounding the program.
The Trump administration has released a list of hardline immigration demands—including border wall funding, restrictions on federal grants to “sanctuary” cities, and cuts to legal immigration—in exchange for legislation protecting DREAMers. This article examines the prospects for these proposals and more broadly for a legislative fix to resolve the status of unauthorized immigrants brought to the United States as children.
The Trump administration’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) deportation-relief program launched in 2012 has sparked new urgency to find a longer-term fix for "DREAMers," the unauthorized immigrants brought to the United States as children. This Policy Beat article examines movement in the courts and in Congress on the DREAM Act and similar proposals, exploring likely paths forward.
Making good on campaign promises to toughen immigration enforcement, the Trump administration has acted swiftly to cast a wider net in the U.S. interior. The actions represent a sea change in enforcement practice, moving from a tight focus on high-priority individuals to an era in which all unauthorized immigrants may be subject to deportation. This article explores the shifts undertaken during President Trump's first six months.
Although President Trump has repeatedly pledged to preserve "U.S. jobs for U.S. workers," employers are increasingly relying on temporary visas as a result of labor shortages in agriculture, high tech, and beyond. This article examines the increases occurring in key temporary worker programs, affecting seasonal agricultural and nonagricultural industries, as well as high-skilled tech jobs.
A new hardline immigration law in Texas marks the resurgence of state-level restrictionist activism that had stalled in 2012 amid adverse federal court rulings. The Texas law, SB 4, is designed to end sanctuary policies in jurisdictions across the state, and closely mirrors aspects of Arizona's controversial 2010 law, SB 1070. This article explores the parallels and new state momentum to crack down on illegal immigration.