Nearly a month into President Trump’s second term, the U.S. immigration landscape has already experienced a significant shake-up. Millions of immigrants—both those currently living in the U.S. and those hoping to enter the country—are facing changes in policies that could affect their legal status and opportunities. As President Trump promised, sweeping reforms have already begun, with key policies rolling out from his very first day in office. These shifts come as no surprise, as immigration has long been a central issue of his agenda, and now, the full scope of his vision for reform is starting to unfold.
What could Trump’s immigration plan mean for your immigration status and opportunities in the U.S.? Whether you are currently in the States or looking to come to the U.S., Trump’s 2.0 Presidency and ongoing changes could significantly impact your situation.
This article will explore the key aspects of President Trump’s immigration plan and what it could mean for your legal options.
Keep reading as we explore the potential key changes and how they might affect you.
1. Mass Deportations
President-elect Trump has made mass deportations of undocumented immigrants a cornerstone of his immigration plans, aiming for what he calls the “largest domestic deportation operation in American history.” This could involve the removal of over ten million undocumented immigrants, including some through expedited removals, which bypass the usual immigration court hearings. Expedited removals allow the Department of Homeland Security officials to deport an individual within as little as 24 hours. In determining whether an individual is subject to deportation, factors such as the manner in which the individual entered the U.S., whether they were inspected at the border, any prior arrests, the timing of such arrests in relation to their entry, and the length of time they have been in the country are all taken into consideration. If you think there is a possibility of you being placed into immigration detention or removal proceedings, even erroneously, it is crucial to know your rights. Regardless of your status, all immigrants and community members must be informed on how to respond, especially with the dramatic expansion of expedited removal. These rights include the right to remain silent, the right to consult with a lawyer before answering any questions, and the right to refuse entry to an immigration officer into your home unless they have a valid judicial warrant. Understanding these rights can be the difference between staying in the U.S. or facing deportation.
Furthermore, President Trump has expressed his intent to invoke the Alien Enemies Act of 1798, a wartime law granting the president the authority to detain or deport individuals based on their nationality or citizenship—without the need for a formal hearing. While the U.S. is not officially at war, President Trump has signaled that he could use this law to target certain groups of immigrants, citing concerns over foreign gangs and cartels as a potential justification for an “invasion” of sorts. Though this interpretation would likely face significant legal challenges, it underscores the administration’s aggressive stance on immigration enforcement. Approximately a month into his presidency, we’ve already witnessed a dramatic increase in ICE operations, with reports of agents arresting up to three times the usual number of individuals compared to the days of the previous administration. For those not subject to expedited removal but arrested by ICE facing long-term detention while awaiting deportation hearings or further action is likely. Many sources indicate that ICE is now seeking additional detention facilities as existing ones near full capacity due to the rapid pace of arrests.
Recently, President Trump has made headlines with his announcement to deport undocumented immigrants to locations such as Guantanamo Bay, with the first flights of deported individuals already being reported. This controversial policy continues to evolve and will have significant implications for anyone at risk of deportation.
As deportation operations continue to ramp up under the current administration, understanding your legal options has never been more critical. If you are worried about your status in the US or the possibility of deportation, our experienced legal team can help you understand your rights and explore your options. It is essential to be proactive and have contingency plans in advance, as interactions with ICE may unfold in unpredictable ways. Being equipped with the knowledge of how to respond and what steps to take under any circumstance can be pivotal in safeguarding your rights.
2. Worksite Immigration Raids and I-9 Audits
Under President-elect Trump’s new administration, it is highly likely that employers will face an increase in I-9 audits. Agents from HSI, DHS, or ICE may unexpectedly serve a Notice of Inspection, requesting employers to produce I-9s and other required documentation for current, and even some former, employees. This may include documents such as the employer’s payroll, a list of active and terminated employees, or articles of incorporation. The Immigration Reform and Control Act, passed on November 6, 1986, mandates that employers verify the identity and work eligibility of their employees. The Act establishes both criminal and civil penalties for violations related to employment. Employers are required to keep original Form(s) I-9 for current employees, either in paper form or as an electronic version that can be printed in a clear and readable format. For former employees, Form(s) I-9 must be retained for at least three (3) years from the employee’s start date or one (1) year from the end of employment, whichever is longer. Adherence to these rules is critical because employers who knowingly hire or continue to employ unauthorized workers, as outlined under INA § 274A(a)(1)(a) or (a)(2) (8 U.S.C. § 1324a(a)(1)(a) or (a)(2)), can face severe penalties. These consequences include being required to halt the illegal activity, paying substantial civil fines, and even facing potential criminal prosecution. In addition, employers found in violation may also risk suspension or debarment from doing business with federal agencies, as per HSI regulations (48 C.F.R. § 9.406-2(b)(2)).
Workplace raids are a much more disruptive tool, often traumatic, especially for unauthorized workers, as ICE’s HSI division agents physically invade the employer’s workplace with the intent to identify deportable individuals—even those who may hold a valid work permit. While I-9 audits have traditionally been more common, it is reasonable to expect that worksite raids will increase in frequency, along with the number of arrests, during President-elect Trump’s second term. To protect their workforce and avoid potential penalties, employers must remain proactive in ensuring full immigration compliance. This includes properly preparing and retaining I-9 forms, visa-specific documents, and maintaining all other required records. Employers must also ensure that employees are not being paid under the table, paid less than the minimum or prevailing wage, or compensated incorrectly for overtime. During an ICE raid, employers are not obligated to answer questions from agents. However, if unauthorized workers are found, they may be arrested or detained, particularly if criminal activity is uncovered. Navigating these types of situations can be daunting. Therefore, having an immigration counsel is crucial for both employers and employees—not only to ensure compliance and mitigate risks effectively but also to proactively establish proper compliance.
3. Heightened Scrutiny and Delays in Work Visa Applications
An increase in denied petitions, higher rates of Requests for Evidence (RFEs), Notices of Intent to Deny (NOID), and in-person interviews (for those filing for an adjustment of status) is likely virtually inevitable, as visa petitions—including L, O, H, and E categories—may face much more intense scrutiny. As a result, petitioners and applicants can expect slower processing times for most visa petitions under the second Trump administration, as well as longer delays in visa issuance at consulates outside the U.S. It is anticipated that President Trump will continue to issue executive orders some of which may further complicate immigration compliance for both employers and employees, as well as plans for other immigrants seeking legal status and work permits.
H-1B
We believe that USCIS will likely adopt a much stricter approach when evaluating H-1B petitions, including amendments, which may require more extensive documentation to prove that the proffered position qualifies as a “specialty occupation,” and that the position requires a bachelor’s degree or higher (or its equivalent) in a specific field as the minimum qualification to enter the occupation in the United States. Increased scrutiny will likely extend to Wage Levels, with President-elect Trump potentially attempting to raise them significantly once again. However, as of January 17, 2025, recent regulations issued by the U.S. Department of Homeland Security (DHS) under the previous administration are now in effect. These updates, published at the end of former President Biden’s term, aim to provide greater flexibility for both employers and workers by modernizing the definition of “specialty occupation” positions and expanding eligibility for nonprofit and governmental research organizations, which are exempt from the annual H-1B visa cap. Additionally, the regulations offer benefits for F-1 visa students seeking to transition to H-1B status, helping to avoid disruptions in their lawful status and employment authorization. The new rules also streamline the application process for individuals with prior H-1B approvals, speed up processing times, and allow H-1B visa beneficiaries with a controlling interest in the petitioning organization to qualify under certain conditions. While these changes introduced more flexibility, it is likely that President Trump may soon attempt to return to his approach from the first term in office and consequently make it tougher for petitioners to obtain approvals moving forward. While these changes offer more flexibility, it is likely that President Trump will revert to his first-term approach, making it more difficult for petitioners to secure approvals moving forward.
L-1
L-1 petitioners are likely to face increased uncertainty, as USCIS may issue even more RFEs for both L-1A Visas for managers and executives, and L-1B visas for specialized employees which have already become very common. Some of the most frequent issues raised in L-1 RFEs include whether the proposed beneficiary’s position in the US as well as abroad meets the criteria set forth in 8 CFR 214.2(l)(1)(ii)(C), 8 CFR 214.2(l)(1)(ii)(B) and 8 CFR 214.2(l)(1)(ii)(D), depending on whether the employee qualifies for an Executive, Manager of Specialized Knowledge position; whether the employee have been employed by the foreign company for at least one (1) year prior to the filing of the petition; or whether there exists a “qualifying relationship” between the foreign and the US entities.
O-1
While the application process for O-1 visas tend to be less complex than other work visas such as H-1B; in accordance with the applicable law set forth in Immigration and Nationality Act (the Act) section 101(a)(15)(O)(i), and 8 U .S.C. § 1101(a)(15)(O)(i) applicants must still provide detailed documentation to prove their exceptional qualifications, demonstrate that their achievements have been recognized in the field, and show that they intend to enter the US to continue work in the area of extraordinary ability. Under President-elect Trump, obtaining approvals of O-1 visas is likely to become more challenging, as USCIS may scrutinize evidence submitted more thoroughly and question the extraordinary ability requirement satisfaction in light of the documentary evidence submitted leading to more detailed assessment of its relevance, credibility and probative value.
Although we may face more challenges in obtaining approvals for certain non-immigrant work visas, along with significant delays and increased scrutiny, we may see expanded opportunities for highly qualified individuals, focusing on a merit-based system rather than the randomness of programs like the H-1B or Diversity Visa lotteries.
4. Migrants with temporary legal status
As part of its broader deportation plans, the incoming Trump administration may target individuals living in the U.S. under Temporary Protected Status (TPS). TPS provides protection to immigrants from countries experiencing civil unrest, violence, or natural disasters, allowing them to remain in the U.S. temporarily. To qualify, for TPS one must be an eligible national of a foreign state (or a person having no nationality who last habitually resided in a foreign state) that the Secretary of Homeland Security has designated for TPS under section 244(b) of the Immigration and Nationality Act (INA). While TPS holders do not have a direct route to legal permanent residency or citizenship, they are permitted to work while in the U.S. with proper authorization. However, with proposed changes on the horizon, many of nearly 1 million foreign nationals under TPS could face the threat of removal. Those currently awaiting for, or planning to secure TPS status may encounter significant challenges.
Just about a week ago on February 1, 2025, Secretary of Homeland Security Kristi Noem made the decision to terminate the 2023 TPS designation for Venezuela. She determined that allowing Venezuelan nationals to remain temporarily in the U.S. was contrary to national interest. As a result, the 2023 TPS designation for Venezuela will be terminated effective April 7, 2025. After this date, nationals of Venezuela granted TPS under the 2023 designation will lose their status. The recent changes signal the administration’s continued efforts to tighten immigration policies, leaving many TPS holders uncertain about their future in the U.S.
If you believe you may be affected by these potential changes, it is crucial to understand your legal rights and options to ensure protection of your status in these uncertain times.
5. DACA
With the return of President-elect Trump to office, many young undocumented immigrants who came to the US as children, and are recipients of Deferred Action for Childhood Arrivals (DACA), also known as “Dreamers” are increasingly concerned about the potential revocation of their protections. While DACA grants protection from deportation for two (2) years, with the possibility of renewal, and the opportunity to apply for work authorization it does not grant legal status.
For many Dreamers, the risk of losing DACA protections is not merely a policy change but a source of ongoing trauma, with profound emotional and psychological effects. Studies indicate that DACA recipients experience significantly higher levels of distress compared to non-DACA undocumented immigrants. As the uncertainty surrounding DACA recipients looms larger, it is critical to understand the legal options available to those who may be affected by the possible changes in the program under President-elect’s second term. Although the Supreme Court prevented DACA program’s termination in 2020, finding that the Trump administration’s attempt to dismantle the program violated the Administrative Procedure Act, it made it clear that the administration retains the authority to terminate the program.
Nevertheless, recent statements from Trump suggest that he may not be as intent on terminating the program outright as many feared. In a December 8 interview on NBC’s Meet the Press, Trump expressed a willingness to collaborate with Democrats on a solution for Dreamers, acknowledging that many have become successful, with jobs, small businesses, and even larger enterprises. While DACA recipients still face uncertainty, these comments offer a glimmer of hope for a possible comprise that benefits Dreamers.
6. International Students and F-1 Visas
The ongoing immigration changes under the new administration could make it more difficult for international students to obtain F-1 visas or maintain the student status while in the U.S. due to increased scrutiny on visa applications, heightened background checks, and delays in processing times. From lessons learned during President Trump’s first term, we know that executive orders can quickly limit entry to the U.S., and the impact on F-1 students already in the country could be significant.
As if securing and maintaining a valid student visa and status weren’t challenging enough—especially given the constantly shifting immigration policies—remaining in the U.S., after graduation as an international student could also become more difficult. While F-1 students may qualify for on-campus or off-campus employment authorization under programs like Curricular Practical Training (CPT), Optional Practical Training (OPT), and the Science, Technology, Engineering, and Mathematics (STEM) OPT extensions, these authorizations may become harder to secure or face substantial restrictions. Alternatively, President-elect Trump’s administration could make the process of requesting and obtaining work authorization more burdensome, potentially discouraging international students from seeking employment and placing restrictions on employers who wish to hire students through programs like OPT.
A Green Card for Every Graduate? Trump’s Proposal for International Students
In one of his recent podcasts, President-elect Trump suggested an idea that all international students should receive a green card after graduating from a U.S. university. While this would undoubtedly be life-changing news for many F-1 students, it is unclear whether this was merely a “campaign proposal,” not particularly consistent with Mr. Trump’s hardline immigration policies, or if it reflects a serious initiative that may be pursued. If it was the latter, it is likely that some figures within the new administration, such as Elon Musk (whose intriguing immigration history merits a separate discussion)— would support the idea, as part of an effort to attract and retain high-skilled talent that can contribute significantly to the U.S. economy
Ultimately, we could potentially see a scenario where President-elect Trump’s new administration, takes a hard stance on non-citizens with criminal records, and undocumented immigrants while simultaneously expanding legal pathways for highly skilled and educated individuals. So far, we have not seen any major shake-up impacting work permits for foreign graduates or the F-1 visa system. However, it remains crucial for international students to stay informed, especially if they are currently studying in the U.S. and expect to graduate soon.
How KBIW Kurpiejewski & Associates, PLLC Can Help
At KBIW Kurpiejewski & Associates, PLLC, we understand the uncertainties, concerns, and everyday challenges that affect immigrants, especially in light of potential changes under the Trump administration’s new leadership. We also recognize the mental and emotional burden these uncertainties can create, and if providing legal assistance in your immigration matter can alleviate that burden, even a little, we consider ourselves extra successful.
Our legal team is dedicated to helping you navigate complex immigration matters with personalized advice and support tailored to your unique situation. We will work closely with you to develop a solid immigration strategy that includes a primary plan, and when possible, a backup plan—and even a contingency plan—to ensure you are fully prepared for any scenario, no matter how challenging. Our commitment is to fight for your rights and provide you with the peace of mind that comes with knowing you are well-prepared for your future in the U.S.
To schedule a consultation about your immigration situation, and learn how we can help you, please call us at (212) 220-3956 or email office@kbiw.com.
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