President-elect Donald Trump has reaffirmed his commitment to deport millions of immigrants during his second term in office. This week, it became clearer how he plans to execute this goal, with key figures such as Tom Homan, former acting chief of Immigration and Customs Enforcement (ICE), taking charge of border policy. Homan, known for creating Trump’s “zero tolerance” family separation policy, supports targeting all undocumented immigrants for deportation. Stephen Miller, a prominent architect of Trump’s controversial travel bans, is rumored to be appointed deputy chief of staff for policy.
While the federal government lacks the immediate resources to carry out mass deportations, ICE is expected to quickly ramp up immigrant arrests. However, President Biden has 68 days left in office to implement protective measures for those at risk under Trump’s hardline immigration agenda.
DACA Recipients and Noncitizen Workers at Risk
Amid a labor shortage worsened by the pandemic and demographic shifts, immigrants have played a crucial role in filling gaps in the U.S. workforce. As of June 2024, nearly 535,000 people depend on the Deferred Action for Childhood Arrivals (DACA) program for legal work status. Many of these individuals, along with other beneficiaries of deferred action, face the prospect of deportation under Trump’s policies.
The U.S. Citizenship and Immigration Services (USCIS) currently has a significant backlog of work permit applications, with over 1.2 million pending. Should Trump reimpose restrictive policies, such as the “invisible wall” that slowed USCIS processing in his first term, these individuals risk having their work authorizations expire. The Biden administration can act swiftly to clear backlogs and ensure work permits are processed in time.
Biden could also make permanent a temporary rule allowing automatic extensions of work permits, which would help immigrants maintain employment amid these delays.
Temporary Protected Status (TPS) Threatened
Temporary Protected Status (TPS) has provided safety to over 863,000 immigrants from countries facing war or natural disaster. However, Trump’s administration is expected to terminate several TPS designations in its first months. Countries such as El Salvador, Sudan, and Venezuela face expiration dates in 2025, threatening the safety of hundreds of thousands of beneficiaries.
Biden has the power to extend or redesignate TPS for these nations, providing protection until at least mid-2026. He could also expand TPS to include additional countries like the Democratic Republic of the Congo and Mauritania, where conditions remain unsafe.
Protecting Noncitizen Workers and Visa Holders
Trump has signaled his intention to limit visa processing for workers and students, potentially disrupting critical sectors of the U.S. economy. Several policies, such as the H-1B modernization rule, have not yet been finalized by the Biden administration. This rule would clarify visa procedures for skilled workers and college graduates, providing stability for businesses and international talent.
Additionally, Biden should expand a pilot program that allows foreign workers on H-1B visas to renew their status within the U.S., making this option permanent to support foreign workers and their employers.
Detention and Deportation Priorities
Unlike the Biden administration, which focuses on public safety risks, the Trump administration has proposed prioritizing the detention and removal of undocumented immigrants, even those without criminal records. To mitigate harm, Biden’s DHS should release nonviolent detainees and focus resources on high-priority cases. This would allow those with no public safety threat to remain with their families as their immigration cases are resolved.
Rescinding Trump-Era Asylum Policies
Some Trump-era immigration rules that hinder asylum seekers remain in effect. For example, the “Procedures for Asylum and Bars to Asylum Eligibility” rule could prevent individuals fleeing persecution from receiving asylum. Similarly, the “Security Bars and Processing” rule could strip asylum protections for people fleeing countries affected by communicable diseases, potentially violating international law.
To prevent these harmful measures from taking effect, Biden must act swiftly to rescind these rules and protect vulnerable asylum seekers.
As Trump’s second term approaches, the pressure mounts on Biden to use his remaining time to safeguard immigrant communities. With just over two months left in office, the Biden administration faces a narrow window to mitigate the impact of Trump’s immigration policies and protect those most at risk.
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