Thursday, November 10, 2016

The Election of Donald Trump and its impact on Immigration

The election of Donald Trump has sent shock waves throughout the United States and across the world.  As a candidate, President-elect Trump ran on a platform that included building a wall across the border between the United States and Mexico. Then he promised to enacted rules that affect the entry of both Muslims and refugees from the Middle East.  He also vowed to undo all of the executive orders signed by President Obama.  Many people are concerned about the effect his election will have on immigration and immigration reform.  The short answer is that no one really knows the initial priorities of the Trump administration.  As for the Trump administration's approach to immigration, there are a few things to keep in mind.

First, mass deportations are not very likely. People placed in removal proceedings have due process rights. The extents to which they slow or prevent removal (deportation) vary depending upon the situation, but there are protections for people whom the government decides it wants to remove.  It is important to remember that there has not been an "amnesty" under the Obama administration.  Although, the number of people in removal proceedings may have recently decreased, the number of people removed during his administration is larger than that of his Republican predecessor, George Bush.

Second, House Republicans have expressed interest in immigration reform, although it is not clear the shape it would take.  The Obama Administration called for comprehensive immigration reform. House Speaker and former vice-presidential candidate Paul Ryan has called for piecemeal changes to the current system.  We will probably have a better sense of the Trump's ideas and policies as his inauguration grows nearer.


Finally, much depends upon on how Trump emerges as President.  His rhetoric during the campaign was inflammatory, yet he struck a conciliatory note during his victory speech. During the campaign he promised to undo all of Obama's executive orders.  One such program is Deferred Action for Childhood Arrivals (DACA).  This program allowed those who were brought here as children to work in the United States and not fear deportation.  Revoking this program could immediately take away the ability of the 380,000 people to lawfully work in the United States. Whether that will be the approach of the Trump administration remains to be seen. Stay tuned.

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