One Month: A Synopsis of Top Immigration Changes Under Trump 2.0
By James Larsen, Managing Attorney, 512-774-5551, james@larsenimmigration.com
As the first month of the second Trump administration unfolds, several executive orders and policies have been introduced or rolled back, significantly impacting the landscape of U.S. immigration. The new administration has prioritized national security, border enforcement, and reducing the number of individuals entering the country illegally.
Below, we explore some of the most impactful changes introduced thus far and provide our predictions on the future.
1. Attempt to Re-define Birthright Citizenship
One of the first major changes under the Trump administration was the executive order aimed at limiting birthright citizenship for infants born to parents without legal status. Under this new order, effective from February 19, 2025, infants born in the U.S. will not automatically acquire citizenship unless at least one parent is a U.S. citizen or a lawful permanent resident (LPR). This change in immigration policy will only apply to future births, not retroactively. Multiple states have already challenged the action, and several federal judges have temporarily blocked the implementation of this policy.
Larsen on the Law anticipates that this issue will ultimately reach the Supreme Court, where a ruling may favor longstanding interpretations of birthright citizenship under the 14th Amendment to the U.S. Constitution. In the meantime, we are likely to see a decline in the number of individuals coming to the U.S. to give birth. This shift reflects a broader strategic trend by the administration: pursuing policies that, while potentially facing legal challenges, may push the narrative and deter further immigration.
2. Suspension of Refugee Admissions
On January 27, 2025, the administration announced the suspension of refugee admissions through the U.S. Refugee Admissions Program (USRAP). Moving forward, refugees will only be admitted on a case-by-case basis, with decisions made by both the Secretary of State and the Secretary of Homeland Security. A report from the Secretary of Homeland Security will be submitted within 90 days of January 20, 2025, to evaluate the national interest in resuming refugee admissions.
Larsen on the Law anticipates that this policy shift could result in significant layoffs at non-profit organizations that provide services to refugees. For instance Catholic Charities of Houston recently announced the termination of approximately 120 employees due to the changes in refugee
3. DNA Testing of Migrants
In the past month, the Department of Homeland Security (DHS) has deployed additional personnel and utilized advanced vetting techniques, including biometrics and DNA scanning, to verify familial relationships among individuals encountered by DHS.
Larsen on the Law anticipates that the implementation of DNA testing could result in individuals who previously identified as family members facing prosecution for fraud. In fact, Immigration and Customs Enforcement (ICE) has already begun prosecuting such cases under child endangerment charges.
4. National Emergency Declaration at the Southern Border
4. National Emergency Declaration at the Southern Border
An executive order declaring a national emergency at the southern U.S. border has led to the mobilization of armed forces, the construction of physical barriers, and the use of unmanned aerial systems to curb border crossings. This move has effectively brought an end to the "catch and release" policy.
Larsen on the Law anticipates that the number of border apprehensions will reach historic lows, as the cessation of "catch and release" is expected to deter migration into the United States. Additionally, the administration is likely to expand detention facilities, viewing them as a key tool in discouraging illegal crossings.
5. Migration Protection Protocols: Back to Mexico
The controversial “Migration Protection Protocols” (MPP) that require asylum seekers to wait in Mexico while their cases go through U.S. immigration courts have been revived. Initially implemented during the Trump administration in 2019, the program was temporarily paused under the Biden administration, but a federal judge’s order has forced its reinstatement. It remains uncertain how these policies will be applied, as other Trump-era orders have suspended asylum at the border.
Larsen on the Law anticipates that increased enforcement of Mexican immigration law by Mexican authorities will significantly reduce migration of individuals from Central America to the United States
6. Increased Scrutiny of Work Permits
In line with stricter immigration enforcement, the administration has pledged to ensure that employment authorization is consistent with immigration law. While specific details remain unclear, this move is expected to target unauthorized immigrants more aggressively, especially in terms of employment opportunities.
Larsen on the Law predicts longer processing times for work permits for asylum applicants and individuals with temporary protected status.
7. Expanded Deportation Focus
The Trump administration has expanded the scope of deportation priorities to include not just individuals posing security threats but any immigrant found to be in the country illegally. The ICE guidelines, which previously required approval to conduct arrests at "sensitive locations" like schools and churches, have been rescinded, allowing agents to arrest immigrants without such constraints. This has sparked concerns over potential violations of civil rights, particularly in places with significant immigrant communities.
While Larsen on the Law doubts that ICE will actually enter schools or churches searching for undocumented individuals, this policy change will sow fear and worry within the immigrant community.
8. Humanitarian Programs Suspended
Programs that allowed certain migrants and asylum-seekers to enter the U.S. temporarily were halted, particularly affecting people from countries such as Cuba, Nicaragua, Haiti, and Venezuela. Additionally, a recent memo from the Department of Homeland Security allows immigration officials to expedite the deportation of over a million individuals allowed in under previous Biden-era programs.
Larsen on the Law notes that it remains unclear how the administration plans to expedite deportations with a backlog of nearly 3.5 million cases in immigration court, especially since the administration has been firing, not hiring, immigration judges.
9. “Sanctuary Jurisdictions” Targeted
The Trump administration is cracking down on sanctuary jurisdictions—states or localities that refuse to cooperate with federal immigration enforcement. The new executive order bars these jurisdictions from accessing federal funds and mandates civil or criminal action against non-compliant regions. U.S. Attorney General Pam Bondi has already announced the freezing of federal funding for sanctuary cities. Larsen on the Law anticipates additional litigation on this issue, with sanctuary cities and local governments ultimately losing on the matter of federal immigration law preemption.
10. Expansion of Expedited Removal
The administration has also expanded the use of expedited removal procedures for individuals who cannot prove they have been in the U.S. for more than two years. This fast-track deportation process will now apply to a broader group of individuals, significantly speeding up the removal process for those found to be in the country illegally.
Larsen on the Law points out that there are nearly 1.5 million individuals in the United States with outstanding removal orders who are at risk of being removed with very little notice or procedural safeguards.
12. Tightening Temporary Protected Status (TPS)
Temporary Protected Status (TPS) has been limited in scope, particularly for migrants from countries that have been granted this status in the past. Under the Trump administration, TPS protections were revoked for many individuals from countries such as El Salvador, Haiti, and Nicaragua, affecting hundreds of thousands of immigrants.
Larsen on the Law notes that the prior Trump administration's efforts to end TPS were the subject of protracted litigation and were not ultimately successfully. We should expect a flurry of lawsuits and (hopefully) continued renewal of TPS protections while the issue makes it way through the court system.
As the second Trump administration moves forward, numerous changes in U.S. immigration policies have already made a significant impact on individuals and families.
If you or someone you know is directly affected by these recent changes, it is important to stay informed and seek guidance. At Larsen Immigration Law Group, we are committed to helping individuals navigate the complexities of these evolving immigration policies. Whether you are facing challenges with birthright citizenship, refugee admissions, work permits, deportation proceedings, or any other immigration-related issue, we are here to provide clear, reliable legal advice and support during these changing times.
Reach out to Larsen Immigration Law Group today to discuss how these changes may impact your situation and explore your options for moving forward.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.