Trump Administration Plans Large Scale Shift in Immigration Laws

President Trump and the Department of Homeland Security (DHS) are now exploring different options to fundamentally transform the immigration system in the United States without legislative action by Congress, according to CNN News.  This comes in the wake of the president’s letter to Congress on Sunday, in which he requested funding for new immigration enforcement personnel and programs.

According to CNN, the options include modifications that could result in major consequences, including limiting protections for unaccompanied minors (UACs) who came to the U.S. without documentation; expanding the use of speedy proceedings – and bypassing certain court processes in some situations – to effect deportation more quickly; and tightening visa programs in ways that could limit legal immigration to the U.S.  In addition, DHS is looking to tighten asylum claim credibility thresholds, making it more difficult to prove an immigrant’s fear of return to a home country, and the J-1 Visa Exchange Visitor Program, often used by younger foreign nationals to visit and work or attend school on a temporary basis in the U.S.  Regarding UACs in particular, DHS and the Department of Justice are exploring modifications that would restrict protections for UACs, including no longer considering them UACs if they are reunited with parents or guardians in the U.S. or once they turn 18.

Moreover, DHS and President Trump are looking to restrict certain visa programs, specifically work authorization for spouses of high-skilled visa holders, such as H-1B and L-1 holders, as well as the expansion of the “STEM” student program, which provides work authorization for an extra two years of training for students with degrees in science, technology, engineering, or math.

The modifications are only being explored at this time and nothing has been finalized, according to CNN.  That said, they do point to the larger effort of the Trump administration to increase restrictions on immigration, as well as its willingness to potentially do so through unilateral executive action.

The NMM Immigration Blog will continue to provide updates as this story develops.  If you have questions about this post or other immigration topics, please contact me at wcmenard@nmmlaw.com.

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