On January 20, 2025, Chief Justice John Roberts will swear-in Donald J. Trump as the 47th President of the United States of America following his decided Electoral College. Unlike his first term, Trump will enter office having won the popular vote and with Republican majorities in both the House of Representatives and Senate. Even though his final tally appears destined to leave him short of 50% of the electorate, Trump has interpreted his victory and down-ballot successes as a mandate to enact his campaign processes with respect to all issues. When coupled with the inherent powers of the President to make policy via Executive Order and the ability to shape policy, process, and posture through agency appointments and directives, and considering with his campaign’s fixation on the issue and the appointments floated thus far, Trump 2.0 appears primed to swiftly introduce and implement sweeping changes to the U.S. immigration system. And if the last half-decade of Supreme Court jurisprudence is any indication, Trump 2.0’s efforts are more likely to go unchecked.
While foreign nationals, immigration attorneys, and the general populace may have been caught slightly off-guard when Trump 1.0 wasted no time in keeping his campaign promises – remember, the administration announced the first Muslim Ban within a week of taking office on January 20, 2017 – there is no doubt within the community whether Trump 2.0 “means what he says” when it comes to immigration: we can feel confident that Trump will at least try to follow-through on public statements or other policy proposals floated, as extreme as they may be. In that vein, immigration practitioners and other stakeholders can also anticipate upcoming changes based on our collective experience and relevant trends during Trump 1.0 and use the lessons learned to inform how we prepare prospective targets of anti-immigrant executive action on an individual and organizational level. Put differently – even if Trump 2.0 may be emboldened by Republican control over the Executive and Legislative Branches and assured by the Supreme Court’s rightward shift, we as attorneys are also in a better position to forecast and preempt potential shifts in immigration policy and equip our clients with the wherewithal to proactively manage and, when needed, respond to Trump 2.0’s hostile measures.
It is in this spirit that we at Green and Spiegel will be publishing guides on what we expect in six weeks on a number of topics – from USCIS adjudications, U.S. Department of State procedures, and U.S. Department of Labor requirements, to worksite enforcement, removal priorities, asylum protocols, and other areas of interest. Our mission is to prepare our readers through educated insights on what they can expect come January 20. From there, we will also provide opportunities to take anticipatory measures that will hopefully place foreign nationals and their employers in a better position to thrive over the next four years.
To stay ahead of the coming changes, it’s crucial to act now. At Green and Spiegel, we’re here to guide you every step of the way as we navigate the challenges together. Reach out to us today for a personalized consultation, and let’s work together to ensure you and your business are ready for the road ahead.
