Donald Trump, who served as President in the past, has proposed a significant change in the United States’ immigration strategy if he wins the presidential election in 2024. He promises to enforce numerous never-before-seen actions directed towards both legal and undocumented immigrants, such as a large-scale deportation effort.
Trump, who is currently leading the race for the Republican nomination, is using a similar approach to immigration as he did during his previous campaign. He has promised to construct more border wall and impose stricter restrictions on asylum, such as reinstating a program that required migrants to stay in Mexico until their asylum hearings.
Proposed actions: Cease automatic citizenship for children of undocumented immigrants, authorize National Guard for large-scale deportations, and restrict legal immigration based on beliefs. In a recent interview, Trump insinuated that certain migrants were “corrupting the integrity of our nation.”
Pledged to execute the most extensive deportation effort in American history, modeled after the notorious “Operation Wetback” of 1954 during the Eisenhower administration. This operation resulted in the deportation of hundreds of thousands of Mexican immigrants and American citizens.
In order to make the process of deporting a large number of individuals easier, Trump plans to grant the National Guard and state officials the power to detain and remove immigrants who are residing in the U.S. without legal permission. This action would potentially violate longstanding legal restrictions on the military’s involvement in domestic law enforcement. Additionally, he has promised to use the Alien and Sedition Acts from 1798, which were previously used during World War II to justify monitoring and detaining Italian, German, and Japanese immigrants, to expel suspected members of migrant gangs.
On his return to the White House, Trump has promised to issue an executive order that aims to deprive children of non-citizen or non-permanent resident parents of birthright citizenship. According to a long-standing interpretation of the U.S. Constitution, children born on American soil are granted American citizenship regardless of their parents’ legal status in the country.
The previous leader has stated that he plans to instruct immigration officials to refuse entry to individuals labeled as “Marxists” and “communists,” but he has not disclosed the specifics of how this screening process would work. He also promised to cease admitting refugees from the Middle East and to extend the travel ban previously imposed by his administration, which restricts citizens from certain countries, with a majority being Muslim or African, from entering the country.
Remain in Mexico policy
Trump has pledged to revive policies at the U.S.-Mexico border that aim to deny asylum to the majority of migrants and speed up their removal. These policies, known as the “Remain in Mexico” policy, will be reinstated.
The policy of “Stay in Mexico”, agreements that allow the U.S. to reroute asylum-seekers to third countries and broad restrictions on asylum eligibility.
President Trump has stated that he plans to reinstate the Title 42 policy, which allows for the expulsion of migrants based on public health concerns. This includes unaccompanied children. He has not rejected the possibility of separating children from their parents, a practice he stopped in 2018 after facing criticism from the public.
Bold, yet potentially problematic commitments in terms of functionality and legality.
If Trump wins a second term as president, his promises made during his campaign would likely face opposition from Democratic-led states and civil rights groups, just as his policies did during his first term. He would also have to deal with the challenges of an immigration system that has been understaffed and overburdened since the 1990s, as Congress has failed to make necessary updates.
It is uncertain if Trump’s vow to terminate birthright citizenship is legally valid. The majority of legal experts argue that it is a constitutionally protected right outlined in the 14th Amendment, which states that individuals born or naturalized in the US are automatically considered citizens of both the nation and the state they live in.
The process of altering the Constitution requires either a supermajority vote in Congress or a constitutional convention called by two-thirds of all states. After this, it must be approved by three-fourths of the states.
Carrying out the largest deportation operation in U.S. history may encounter significant operational obstacles. The Immigration and Customs Enforcement’s deportation division currently employs approximately 8,000 individuals. Additionally, the agency does not possess the necessary resources to execute the extensive roundups and deportations that President Trump has proposed. The highest number of annual deportations by ICE was in 2012 under the Obama administration, with over 400,000 individuals deported.
Stephen Yale-Loehr, a professor of immigration law at Cornell University, stated that it would take a significant sum of money approved by Congress.
According to Yale-Loehr, this action would also bring up important legal and humanitarian issues. He pointed out that U.S. law guarantees immigrants in deportation cases the right to fair treatment. This poses a potential problem for many immigrants who may face deportation, as they may have spouses or children who are U.S. citizens. This could result in widespread separation of families, as the government does not have the power to deport American citizens.
Yale-Loehr stated that the implementation of Trump’s campaign promises for the 2024 election would bring about a major transformation. However, there is a limit to what can be accomplished through executive orders. Previous attempts have been met with legal challenges and ultimately rejected by the courts.
Although Trump’s immigration plans encounter legal and practical challenges, they have been supported by the leading Republican candidates in the polls, such as Florida Governor Ron DeSantis and Vivek Ramaswamy. Both have promised to implement large-scale deportations and eliminate birthright citizenship.
rejoin the Paris Climate Agreement
Nikki Haley and Tim Scott have joined forces with Trump, while DeSantis is urging the U.S. to once again become a part of the Paris Climate Agreement.
Palestinian displaced individuals. Other Republican contenders, even those considered more moderate like Chris Christie, have pledged to restore portions of Trump’s immigration policies and increase the length of the border wall.