Trump 2.0 and Immigration

On his first day in office, President Trump signed numerous executive orders (EOs), including many related to immigration. Here are some key changes you need to know:

CBP One changes: President Trump signed an executive order mandating the cessation of the CBP One application for scheduling appointments and facilitating entry for inadmissible noncitizens at U.S. ports of entry.

As a result, the functionalities allowing undocumented individuals to book appointments at the southwest border have been discontinued, and existing appointments have been canceled. While other features of the app remain active, the discontinuation raises questions about access to humanitarian protections at the border.

Birthright citizenship: Birthright citizenship is guaranteed by the 14th amendment to the Constitution, granting anyone born on U.S. soil citizenship. Trump has signed an Executive Order to prevent this automatic grant of citizenship.

A baby born in the U.S. will not be granted citizenship if:

• The mother was unlawfully present & the father is not a U.S. citizen or green card holder at time of birth OR

• The mother is here lawfully but temporarily (e.g. as a visitor or on a visa) & the father is not a U.S. citizen or green card holder at time of birth.

The legal battle has already begun, with 22 states bringing suit to challenge the Executive Order, claiming it is unconstitutional.

National Emergency at the Southern Border: The President declared a national emergency at the U.S. southern border to allow for the use of Department of Defense resources, including the Armed Forces and National Guard, to enforce immigration law.

A chief concern will be whether it is appropriate and lawful to mobilize the U.S. military, untrained in immigration enforcement or humanitarian operations. to engage in civil immigration enforcement.

Protection from National Security and Public Safety Threats: In the first couple of months, the administration will identify foreign nations with “deficient” vetting procedures that will be subject to a complete or partial travel ban (we saw this last time around).

More resources will be used to maximize the scrutiny of visa applicants AND those who are already in the United States in lawful status, perhaps even including naturalized citizens. We expect more delays in approvals, as well as more Requests for Evidence (RFEs - when the agencies ask for more information before granting an approval).

There’s more to discuss, and things will be changing rapidly from day-to-day. If you are starting or in the midst of the immigration process, now is NOT the time to go it alone. Get advice from an immigration attorney, and follow us on social media to stay updated on all the latest immigration news.