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1. Four Years of Profound Change: Immigration Policy during the Trump Presidency

Author:
Jessica Bolter, Emma Israel, and Sarah Pierce
Publication Date:
02-2022
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Over the course of four years, the Trump administration set an unprecedented pace for executive action on immigration, enacting 472 administrative changes that dismantled and reconstructed many elements of the U.S. immigration system. Humanitarian protections were severely diminished. The U.S.-Mexico border became more closed off. Immigration enforcement appeared more random. And legal immigration became out of reach for many. All of this was accomplished nearly exclusively by the executive branch, with sweeping presidential proclamations and executive orders, departmental policy guidance, and hundreds of small, technical adjustments. This report, which concludes a series of MPI reports providing an overview of policies at different points during the Trump administration, chronicles the immigration actions, large and small, that President Donald Trump and his administration took from January 20, 2017, through January 20, 2021. After an overview of the transformation of the U.S. immigration system during this historic period, the report breaks these hundreds of changes down by issue area: the administration’s response to the COVID-19 pandemic; border and interior enforcement; actions involving the Department of Justice and the immigration court system; the admission of refugees, asylum seekers, and other humanitarian migrants; changes to vetting and visa processes, which involve the State Department, U.S. Citizenship and Immigration Services, and the Department of Labor; and actions involving agencies usually less central to immigration policy discussions. As the authors write, “While it may be possible for subsequent administrations to rescind many of these changes, others cannot simply be unwound.” Many are likely to remain on the books for years to come, with a lasting impact on the U.S. immigration system.
Topic:
Law Enforcement, Border Control, Employment, Refugees, Citizenship, Economy, Resettlement, Donald Trump, Asylum, Integration, Deportation, COVID-19, Immigration Policy, Illegal Immigration, and DREAM Act
Political Geography:
United States of America

2. Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review

Author:
Sarah Pierce
Publication Date:
01-2021
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Over the course of four years, the Trump administration used a wide range of executive action tools to make sweeping changes to the U.S. immigration system. Among them is an obscure but powerful bureaucratic authority known as the attorney general’s “referral and review” power. By allowing the attorney general to review and overrule decisions made by the Board of Immigration Appeals (the immigration appellate body within the U.S. Department of Justice), referral and review makes it possible to alter or reinterpret the application of immigration laws—at times with wide-reaching effects. While the frequent and consequential use of this power by Trump-era attorneys general drew increased attention to it, many of the concerns that have been raised about it predate the Trump administration. Among them: that it allows the attorney general—the country’s chief law enforcement officer—to intercede in individual cases, raising questions about the independence of the immigration adjudication system; that referral and review decisions are made with minimal procedural safeguards or transparency; and that the power has remained in the Justice Department, even as most immigration functions were moved to the Department of Homeland Security when that agency was created nearly two decades ago. This report explores how referral and review has evolved over time, including under the Trump administration, whose attorneys general referred more cases to themselves for review than those in any prior administration, Republican or Democrat. The report also looks closely at the two areas of U.S. immigration policy most affected by Trump-era referral and review decisions: the U.S. asylum system and court procedures, including how immigration judges manage their own dockets. Finally, it looks ahead to how the power might be used in the future and recommends ways to improve its use and placement within the immigration bureaucracy.
Topic:
Immigration, Law, Border Control, and Asylum
Political Geography:
North America and United States of America

3. Dismantling and Reconstructing the U.S. Immigration System: A Catalog of Changes under the Trump Presidency

Author:
Sarah Pierce and Jessica Bolter
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Through bold, sweeping changes as well as less-noted technical adjustments, the Trump administration has dramatically reshaped the U.S. immigration system since entering office in January 2017. Now well into its fourth year, the administration has undertaken more than 400 executive actions on immigration, spanning everything from border and interior enforcement, to refugee resettlement and the asylum system, Deferred Action for Childhood Arrivals (DACA), the immigration courts, and vetting and visa processes. This reports offers a comprehensive catalog, by topic, of those actions, including their dates and the underlying source materials. The arrival of the COVID-19 pandemic in early 2020 gave the administration new openings to push forward many of its remaining immigration policy aims. This period has seen bans on travel and a pause on visa issuance for certain groups of foreign nationals and a further closing off of the U.S.-Mexico border that has effectively ended asylum there. Much of the White House's immigration agenda has been realized in the form of interlocking measures, with regulatory, policy, and programmatic changes driving towards shared policy goals. Though these largely administrative actions could, in theory, be undone by a future administration, this layered approach, coupled with the rapid-fire pace of change, makes it likely that the Trump presidency will have long-lasting effects on the U.S. immigration system.
Topic:
Immigration, Refugees, Citizenship, Borders, Donald Trump, and Asylum
Political Geography:
North America and United States of America