Immigration implications of the election result
The election result and its immigration consequences have caused anxiety and concern among immigration advocates and immigrant communities.
For many, the most immediate question after Trump’s victory is what will happen to the Deferred Action for Childhood Arrivals (DACA) initiative, which granted exemption from deportation and a temporary work authorization to certain undocumented immigrants who came to the US as children.
If Trump ends DACA like he has threatened, it will affect more than 700,000 young immigrants with long childhood ties to the United States. They would lose their ability to work and participate in the formal economy, attend college, and hold driver’s licenses. It would be extremely disruptive and cruel.
Other highlights of Trump’s immigration agenda are:
- Carry out mass deportation of up to 12 million mainly Latino and minority immigrants – a scale unknown in America’s history;
- Involve state and local police in immigration enforcement, along the lines of Arizona’s discredited 2010 “papers please” immigration law and now abandoned federal/state programs such as 287(g) and “Secure Communities”, potentially creating a reign of terror in immigrant communities coast to coast;
- Build a wall against Mexico;
- Bar Muslims, either as a religion or by national origin from mainly Muslim countries from entering the US;
- End or sharply cut most, if not all, employment based, legal immigration by abolishing visa categories such as H-1B, J-1, and Labor Certification Green Cards;
- Send Syrian refugees who are already in the US back (in violation of international law) to their dictatorship and terror-plagued country;
- Seek to amend or reinterpret the 14th Amendment to deprive millions of American-born children of birthright citizenship, leaving many of them stateless and all of them subject to deportation;
- Appoint a special commission, which by all indications, could be comprised of extreme immigration opponents such as Jeff Sessions or Kansas Secretary of State Kris Kobach, in order to “review” the current immigration laws and, potentially, return America back to the dark days of the whites-only Johnson-Reed immigration act of 1924;
It is important to remember that Trump does not take office until January 20, 2017. Until then, President Obama is still Commander-in-Chief. This provides the immigrant rights community two months of planning for a range of outcomes. In addition, while some of the above measure can be carried out just by the President’s Executive Power, most changes to the actual immigration laws require a formal rule changing and would need the approval of Congress, and likely take months, or even years to implement.
At this point, it is hard to predict how much of Trump’s campaign rhetoric will actually turn into policy proposals or immediate action, but all of the above cause anxiety for immigration advocates and immigrant communities.