Trump’s Immigration Legacy To Be Presented In Re-Election Bid

Five years ago, President Trump declared that if he was elected president he would build a wall along the U.S. Mexico border and make Mexico pay for it. That idea was first developed in the summer of 2014 as a memorable talking point for Trump to tie his real estate developer experience to his anti-immigration policy theme. That theme was part of his isolationist, America First orientation. The wall became the kingpin of his election campaign in June 2015. Since then, according to US Customs and Border Protection (CBP), just under $10 billion have been secured to construct approximately 500 miles of new border wall. But less than 70 miles of new wall have actually been built according to one news article. Whatever the actual number of miles built, as we approach the November 2020 presidential election, no doubt the question of the wall will be raised once again. While Trump has not really succeeded with it, he will definitely have much to point to in claiming success in other areas with regard to his anti-immigrant policies.

Past Immigration Efforts

To start with, Trump focused on border security calling for an end to “catch and release” practices, in which certain unauthorized immigrants who were captured at the border would be allowed into the United States while they awaited court hearings.

Then came his executive order that expanded enforcement measures and personnel and tried to restrict federal funding to so-called sanctuary jurisdictions, that is: those that limited their cooperation with federal immigration officials. In early 2018, Trump implemented what was called a zero-tolerance policy, under which enabled authorities to arrest and criminally prosecute everyone caught crossing the southern border without authorization. Also he instituted a policy where parents facing such criminal prosecution, were separated from their children.

Muslim Ban or Terrorist Threat Measure

His third presidential order banned nationals from Iran, Iraq, Libya, Somalia, Sudan, and Yemen from entering the United States for at least ninety days. It blocked nationals from Syria indefinitely and also suspended the U.S. refugee program for 120 days - all ostensibly to fight terrorism. While this ban was altered because of litigation over whether it was a really a racist Muslim ban, eventually the Supreme Court allowed its third iteration to stand. Then later, the White House expanded the ban to include Eritrea, Kyrgyzstan, Myanmar, and Nigeria and blocked citizens from Sudan and Tanzania from obtaining permanent residence through the diversity green card lottery. Trump also implemented a provision to keep out immigrants who would require taxpayer-funded services such as Medicaid and SNAP food benefits.

Humanitarian Policy

In the area of humanitarian policy, the Trump Administration has effectively halted all asylum claims on the pretext of being concerned about the spread of the Covid-19 pandemic. Previously, to stem the flow of refugees coming northbound, Trump tried to enforce safe third country agreements with El Salvador, Guatemala, and Honduras. The agreements require asylum seekers transiting through these countries to apply for protection there first, thus blocking them from applying in the U.S. and enabling American officials to deport the migrants on arrival. The agreements are facing court challenges.

In 2017 Trump tried to end the Temporary Protective Status (TPS) for tens of thousands of Haitians, Nicaraguans, and Sudanese who were previously allowed to remain in the United States after environmental disasters and conflict in their home countries. In 2018, Trump ended the same relief program for Hondurans, Nepalis, and Salvadorans. These beneficiaries of the terminated TPS programs remain in the U.S. however, while these cancellations are being litigated.

Nonimmigrant Visa Bans and Family Separations

President Trump blocked access to certain nonimmigrant workers until at least the end of the year, including H-1B, H-2B, J-1 and L-1 visa applicants and their family members. He also extended his previous order banning the admission of legal permanent residents which had the effect of separating families.

More recently, after the Supreme Court ruled that the administration’s previous actions to terminate DACA were unlawful, the Trump Administration issued a new memo blocking Dreamers from filing new DACA applications and restricting protections for existing DACA recipients. 

At a recent news conference Trump hinted he would once again return to his proposal for a merit-based immigration program using a points-based selection system. That idea has been discussed in the U.S. since the 1970s and was a part of comprehensive immigration reform efforts in 2007, 2013 and 2017, all of which failed. However, taking Trump at his word, some law professors have proposed a more modest approach as a standalone single-issue bill, that would take the form of a 10-year pilot program. Under that proposal, each year 50,000 permanent residence visas, or green cards would be awarded to highly skilled immigrants. Borrowing from the Canadian and Australian programs for skilled workers – the proposal would award points for high levels of education, age, fluency in English, work experience, family support, and demographic considerations. Probably Trump’s plan will reflect this kind of approach.

In short, the foregoing summary is likely to summarize President Trump’s immigration platform during the upcoming election. He recognizes he is in a tough battle and could even lose the popular vote again. But it is early in the game. While it seems unlikely at the moment, if he could win key swing states in the election, states like Florida, Pennsylvania, Michigan, Iowa and Arizona among others, he could once again, pull a rabbit out of the hat and walk away with the prize. Short of trying to postpone the election due to the pandemic as a last resort, one of the key areas that will decide Trump’s fate will be immigration and whether enough voters can be swayed to support him because of what he has done.