Immigration policy of the second Trump administration
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Donald Trump was inaugurated for his second term as president on January 20, 2025, with one of his key campaign promises being to crack down on illegal immigration. That evening, Trump signed several executive orders related to immigration, including declaring a national emergency at the Mexico–United States border, blocking asylum seekers from entering the U.S., ending the process of "catch and release" for illegal immigrants, ending birthright citizenship for new children born to parents who are not U.S. permanent residents, suspending almost all refugee admissions to the U.S., and officially designating certain international cartels and criminal organizations as terrorists.[1] Trump signed the Laken Riley Act on January 29, 2025, which mandates the detention of immigrants who are charged with or convicted of certain crimes.
Trump oversaw a sharp decrease in illegal border crossings after taking office in 2025.[2] During the first few months of Trump's second presidency, illegal border crossings fell to the lowest level in decades.[3][4] The overall strategy of the Trump administration and the often brutal tactics employed by the DHS have received widespread criticism, and protests have erupted across the country in response.
Policies and presidential actions
Restricting entry and increasing expedited removal as a response to an "invasion"
President Trump issued Proclamation 10888, titled "Guaranteeing the States Protection Against Invasion", which mandates various actions. The proclamation claims that the steps and actions mandated are part of the executive branch's compliance with their duties under Article IV, Section 4 of the Constitution, which guarantees that the federal government will protect the states against invasion.[5] President Trump considers the flow of immigrants at the southern border to be an invasion and so mandates the following steps:
- Suspend the physical entry of aliens who are at the southern border and engaged in the invasion until the invasion has ended.
- For aliens already within the United States, they cannot invoke laws, such as asylum laws, that would allow them to continue inside the United States.
- The Department of Homeland Security can take any appropriate steps to remove any aliens involved in the invasion, including using expedited removal – which is a process whereby undocumented immigrants can be removed from the country without a full and formal court proceeding.[6] This would expand the use of expedited removal as it would now apply both to undocumented immigrants within the U.S. and to those arriving at a U.S. border without authorization.[7]
On July 2, 2025, US district court judge Randolph D. Moss ruled the proclamation illegal, stating he failed to find any statute or Constitutional provision that gave the president the authority to "adopt an alternative immigration system, which supplants the statutes that Congress has enacted and the regulations that the responsible agencies have promulgated." Moss suspended his ruling for 14 days to allow for an anticipated appeal.[8][9]
Changing the process of applying for admission into the United States
President Trump's Executive Order 14165, titled "Securing Our Borders", makes three big changes to the process of applying for admission into the United States. In August 2025, USCIS announced updated guidance to consider anti-Americanism when reviewing immigration benefits applications.[10][11][12]
Reinstating Migrant Protection Protocols
First, Trump reinstated the Migrant Protection Protocols (MPP), a policy also known as "Remain in Mexico" that was put in place during his first term in office. This program states that all asylum-seekers or refugees who arrive at the southern border seeking entry into the United States must remain in or return to Mexico while they await their admission or court removal proceedings, if already entered illegally.[5][7] In other words, asylum-seekers cannot come into or stay in the United States during this waiting period.
Terminating the CBP One application
Secondly, this executive order also terminated the "CBP One" mobile application.[13] This app was a program developed by U.S. Customs and Border Protection to allow migrants to secure immigration appointments, such as appointments for inspection and for asylum applications.[5] Within an hour of Trump's inauguration, the app was discontinued and migrants who accessed CBP One found that their appointments were canceled.[14] All appointments that were already scheduled at the time the executive order was signed were cancelled.[5] The executive order claims that this will stop migrants, who are otherwise inadmissible, from using this app to facilitate their entry into the United States.[13]
Ending categorical parole programs
Lastly, the executive order also put an end to categorical parole programs.[7] These programs allowed migrants from certain countries to stay in the U.S. for a certain period, due to various reasons.[7] Executive Order 14165 terminates these programs, and Executive Order 14159, titled "Protecting the American People Against Invasion", goes further and orders that all parole applications be processed on a case-by-case basis.[7] Paroled individuals are only to be admitted, or allowed to remain in the U.S., if they show an urgent humanitarian need or if they can contribute significantly to the United States.[7] This change creates uncertainty as to whether individuals who would have previously been granted temporary status under one of the categorical parole programs, or who are currently in the United States under one of those programs, will now be able to come into or stay in the United States.[7]
A notice in the Federal Register states that DHS is terminating the Family Reunification Parole Processes programs as of December 15, 2025. If parole has not already expired by January 14, 2026, it will terminate on that date.[15][16][17][18]
Also, In early February 2026, Trump announced a plan to end temporary legal protections for approximately 350,000 Haitian migrants living in the United States. The policy aimed to terminate their protected status and subject them to standard immigration procedures. However, a U.S. federal judge subsequently blocked the implementation of this plan, preventing the administration from carrying out the proposed action.[19][20][21]
Expanding border control and security
President Trump enacted Proclamation 10886, which declares a national emergency at the southern border of the United States under the National Emergencies Act.[23] This declaration grants him certain powers to be able to deal with the emergency, such as being able to allocate more of the military budget to this.[5] For instance, invoking these emergency powers gives him authority to call for deploying more troops and military equipment to the southern border, creating additional detention facilities, and fortifying the physical barriers, such as the wall – all of which Trump calls for in this proclamation.[23]
Section 5 of the proclamation revokes a proclamation signed by former President Biden in 2021, which halted funding for border wall construction.[23] Similarly, Trump's Executive Order 14165 also calls for additional construction of physical barriers and for deploying more troops to the southern border.[13]
Additionally, Proclamation 10886 gives more authority and discretion to the Department of Defense and the Department of Homeland Security to carry out what is being asked of them.[23] For example, they have the discretion to appoint as many troops as they deem necessary.[23] Going along with their expanded power, Section 3 of the proclamation also urges the Federal Aviation Administration and the Federal Communications Commission to waive their regulations that might hinder the ability of the Department of Homeland Security to detect, track, and potentially mitigate drones or other unmanned aircraft along the southern border that may be deemed a threat.[23] In the proclamation, President Trump claims that, as Commander in Chief, these actions are a necessary part of his duty to protect Americans.[23]
Refugee admissions
President Trump signed Executive Order 14163, titled "Realigning the United States Refugee Admissions Program." This order proclaims that the entry of new refugees will be detrimental to the United States and, because of that, it suspends the entry of any new refugees under the current Refugee Admissions Program for a period of 90 days.[24] In other words, no current refugee applications under the program can be accepted or denied until the program is resumed. In the meantime, only a few exceptions will be made to admit on a case-by-case basis refugees who are deemed not to pose a threat and whose admission is considered in the interest of the U.S.[7] After the 90 days, the Secretary of State and the Secretary of Homeland Security will report whether resuming the program will be beneficial to the United States.[24] If so, the President can decide to resume the program. If not, they will continue to report every 90 days until the President decides that it is in the best interest of the U.S. to resume the Refugee Admissions Program.[24] President Trump claims this is necessary to protect and preserve U.S. resources for citizens and to ensure that the refugees admitted have a chance to assimilate.[24] Where the President is deriving the authority to do this is from the Immigration and Nationality Act (INA) and parts of the U.S. Code, which grant the President the ability to suspend entry of immigrants he deems would be detrimental to the United States.[25][5]
In 2025, the Trump administration announced that it planned to slash refugee admissions to the US for 2026 to a record low of 7,500 refugees, down from a cap of 125,000 for 2025. The administration plans to prioritize Afrikaners, an ethnic group of white South Africans.[26][27][28][29]
A memo dated 21 November 2025 by the director of USCIS orders a review of all refugees admitted under the Biden administration.[30][31][32][33] Following the 2025 Washington, D.C., National Guard shooting, USCIS put a "hold on all pending asylum applications".[34][35][36]
The administration was reported to have moved to end thousands of asylum cases, arguing for asylum seekers to be deported to third countries.[37][38]
In February 2026, the administration of Donald Trump issued a directive expanding immigration enforcement authority to allow the detention of refugees who had been lawfully admitted to the United States but had not yet obtained permanent residency, as part of a mandatory re-vetting process. The directive, dated 18 February 2026, was reported to potentially affect tens of thousands of refugees and represented a significant departure from prior practice, drawing criticism from refugee advocacy organizations, according to Reuters.[39][40]
White South African refugees
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The South African refugee program, officially known as Mission South Africa, is a United States initiative launched in February 2025 by President Donald Trump to grant asylum to white South Africans, and other minorities[41] in South Africa, primarily Afrikaners, under claims of systemic violence and racial discrimination linked to South Africa's post-apartheid land reform policies.[42] The Trump administration justified the program by alleging that White South African farmers were victims of what it described as a "genocide" and state-backed persecution.[43] Claims of white genocide in South Africa have been entirely discredited.[43][44]
The initiative was met with strong opposition from the South African government. South African president Cyril Ramaphosa rejected the premise of the program, arguing that the white minority was not facing persecution that would meet the threshold for refugee status under international law.[43]
Interior immigration enforcement: expanding detention and deportation
President Trump's Executive Order 14165, titled "Securing Our Borders", calls for all immigrants who are undocumented – and thus in violation of federal immigration law – to be subject to criminal charges and to be deported from the United States.[13] Going along with this, the executive order ends the current catch-and-release policies and replaces them with catch-and-detain practices.[13][7] Under catch-and-release, immigrants within the U.S. who have been arrested on suspicion of being undocumented, or for violating immigration laws, but that were not a public safety threat were released while awaiting their court or removal proceedings.[5] Under catch-and-detain, these immigrants have to be detained while awaiting their removal proceedings.[13][7] The executive order also calls for pursuing criminal charges against people who aided the stay of an undocumented immigrant within the United States.[13]
Additionally, President Trump orders federal agencies, such as the Department of Homeland Security and the U.S. Immigration and Customs Enforcement (ICE), to prioritize and divert more resources to deporting and detaining as many immigrants as can legally be removed and to building facilities that can hold them while detained.[5] To ensure there is enough personnel to accomplish this goal, Trump signed Executive Order 14159, titled "Protecting the American People Against Invasion." This executive order authorizes state and local officials to act as immigration officers by giving them authority to apprehend immigrants subject to removal, such as those without proper immigration documents.[45] Additionally, the executive order allows the federal government to withhold federal funds from and pursue legal actions against any jurisdiction that interferes or does not comply with the federal government in carrying out these orders.[45][5]
Further, Executive Order 14159 calls for the expanding the use of expedited removal.[7] Expedited removal is the process by which individuals can be deported without going through the immigration court system, which speeds up the deportation process but leaves those subject to removal without a full chance to plead their case to stay in the United States.[5][46] Previously, only those who were found within 100 miles (160 km) of the border and within 14 days of having entered the country illegally were subject to expedited removal.[5][7] Now, Trump orders the expanded use of this practice and any immigrant who has been in the country for less than two years and cannot prove their lawful entry can be subject to it.[5][7]
Executive Order 14159 also orders federal agencies to stop providing any public benefits to any undocumented immigrants within the United States.[45] Agencies must take steps to investigate who they are giving benefits to that may not be eligible to receive them under the Immigration and Nationality Act, or other laws, and to stop those benefits from going to them.[45]
A February 2026 review of court records by Reuters found that federal courts had ruled in over 4,400 cases, with rulings from over 400 judges, that ICE under the Trump administration detained immigrants illegally. Most of the cases were over denial of bond to immigrants pursuing their cases in immigration court. Per Reuters, "Other cases are pending, have been dismissed because the detainee was released, or were transferred to another judicial district, which would force immigrants to file a new case."[47]
Bond
In July 2025, the administration limited bond for people in the US who allegedly entered unlawfully. Previously, since the signing of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,[48] bond was limited for people at the border but not for people in the US.[49][50] This change led to a "surge" in habeas corpus petitions with federal judicial branch judges (not "immigration judges" who are within the executive branch) siding with the petitioners in "the vast majority of cases".[51][52][49][53][47] In February 2026, in Buenrostro-Mendez v. Bondi, the Court of Appeals for the Fifth Circuit upheld the policy.[54][55][56][57] The court's opinion was written by Edith Jones who was joined by Kyle Duncan while Dana Douglas dissented.[57][48] In J.G.G. v. Trump, the Supreme Court said habeas petitions "jurisdiction lies in only one district: the district of confinement"[58] and the jurisdiction of the Fifth Circuit includes some of the largest detention centers.[59][60]
In February 2026, in class action Lazaro Maldonado Bautista v. Ernesto Santacruz Jr, Judge Sunshine Sykes vacated a September 2025 decision by the Board of Immigration Appeals upholding the policy.[61][62][63][64]
Designating cartels and other foreign organizations as terrorists
President Trump issued Executive Order 14157, titled "Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists". As the name suggests, this executive order designates certain international cartels and organizations as terrorist organizations. Specifically, the executive order lists the Tren de Aragua cartel, the La Mara Salvatrucha (MS-13) cartel, and the Mexican cartels.[65][66] Trump claims these organizations pose an economic and national security threat and thereby declares a national emergency under the International Emergency Economic Powers Act.[66] Declaring a national emergency under this act grants the President certain powers and authority to be able to deal with this threat, such as ordering all cartel members to be removed from the United States.[5][66] Designating them as foreign terrorist organizations and declaring a national emergency allows Trump to invoke the Alien Enemies Act of 1798, which is a wartime law.[46] This law gives the President wartime authority to deport those deemed enemies, and allows deportations done under it to proceed without going through the immigration court system.[67] In other words, this makes those labeled as terrorists subject to expedited removal and will speed up the process by which these deportations can take place.[46] Nonetheless, some legal experts claim it might be difficult for Trump to invoke this law as it is meant only for when the U.S. is at war or when another nation has threatened to invade, and neither of those are occurring.[46] On the other hand, other experts believe the law is broad enough to allow Trump to invoke it, despite the U.S. not being at war.[67]
Similarly, President Trump issued Executive Order 14161, titled "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats". This order calls for an increased and very strict screening process during the visa-granting process to ensure that those given visas and allowed to enter the United States do not wish to harm citizens.[68][5] Further, it orders the government to continue screening and ensuring that immigrants already within the U.S. do not aid what have been deemed as foreign terrorist groups and that they do not bear hostility towards the country.[68][5] If they are deemed a threat, the executive order calls for them to be immediately removed from the country, if already within the U.S., or excluded, if they are seeking admission.[68] If the screening procedures routinely label people from certain countries as threats, the government can suspend entry of citizens from that country under the Immigration and Nationality Act.[68][5]
Laken Riley Act
On January 29, 2025, Trump signed the Laken Riley Act into law, the first legislation of Trump's second term. The act requires the Department of Homeland Security (DHS) to detain an undocumented immigrant without bail[69] who "is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person."[70][71][72]
The act also enables states to sue the federal government against United States v. Texas (2023)[69] according to the bill's summary:[71][72]
The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a
- decision to release a non-U.S. national from custody;
- failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
- failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
- violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
- failure to detain an individual who has been ordered removed from the United States.
Changes to birthright citizenship
President Trump issued Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship". This executive order reviews the right to birthright citizenship under the Fourteenth Amendment and claims the Fourteenth Amendment does not grant citizenship to everyone born in the United States – it excludes those who might be physically born in the U.S. but not subject to its jurisdiction.[73] Given this, Trump claims birthright citizenship should not extend to those who were born in the U.S. to a mother who was in the country illegally, or legally but temporarily, and when the other parent (the father) is not a citizen or permanent resident.[73][5] In short, it adds to the principle of birthright citizenship the requirement that one parent must be a citizen or lawful permanent resident at the time of birth – not just that the person has to be born on U.S. soil.[5] The executive order directs government agencies to stop issuing citizenship documents to individuals who do not fall under that requirement, starting with people born more than thirty days after this executive order is issued.[5][73] The executive order has been challenged with at least nine lawsuits on constitutional grounds (related to the 14th Amendment), and as of February 2025, two federal judges have issued preliminary injunctions blocking its implementation and enforcement nationwide.[74][75]
Trump gold card
President Trump proposed launching a "Trump Gold Card," which is a permanent residency permit that would create a pathway to citizenship for people who can pay $5 million for the card.[76] The Gold Card would replace the EB-5 investor visa program, which is the United States' current path for investors to gain residency.[77] A key difference between the Gold Card and the EB-5 program is that gold card holders would not be liable for US federal income tax on income earned outside the US.[78] Additionally, the EB-5 program requires those seeking a visa under it to invest a minimum of $800,000 and to create and maintain a minimum of 10 full-time jobs for U.S. workers.[79][76] The Gold Card would change this as it increases the amount of money needed and has not yet specified creating jobs as a requirement.[79] The Gold Card's formal proposals, details, and requirements remain unclear, with varying sources indicating clarification would be required to determine whether: the card itself would cost $5 million, what – if any – the requirements would be for number of jobs-created, or if the dollar amount represents a required economic investment domestically.[76][79]
Visas
Changes to the H-1B visa
In September 2025, the Trump administration introduced a $100,000 fee for H-1B visas, which allow US employers to hire foreign workers in specialty occupations.[80]
Green card lottery
Following the 2025 Brown University shooting, Noem tweeted "I am immediately directing USCIS to pause" the green card lottery.[81][82]
Bond
Passport holders of certain countries "found otherwise eligible for a B1/B2 visa, must post a bond for $5,000, $10,000, or $15,000" which is determined at the time of the visa interview. "A bond does not guarantee visa issuance." The bond will be refunded if the visa is not issued or if the terms are met.[83] As a condition of the bond, entrance and exit must be through Boston Logan, New York JFK or Washington Dulles.[84]
Immigrant visas
In January 2026, the State Department tweeted that it would "pause immigrant visa processing from 75 countries".[85][86][87][88]
H-2B visa
In January 2026, the administration announced it would increase the cap on H-2B visas "by up to 64,716 additional visas" for fiscal year 2026.[89][90]
Visitor visas
In August 2025, the state department tweeted, "visitor visas for individuals from Gaza are being stopped".[91][92][93]
Employment authorization
Following the 2025 Washington, D.C., National Guard shooting, USCIS announced it would "reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of aliens (...) from 5 years back to 18 months".[94][95][96]
In February 2026, the administration proposed restricting employment authorization for asylum applicants.[97][98][99][100]
Use of data in enforcement
Efforts have been made to combine personal data from multiple federal agencies to support immigration enforcement. This included records from the SSA, IRS, OPM, HHS, and others.[101] It has been reported that the administration is using the data to detect visa overstays, identify undocumented individuals, and cross-reference benefits usage with immigration status.[102] ICE has also accessed a database of health and car insurance claims as part of the deportation effort.[103] Civil groups and several state attorneys general argue these practices violate the Privacy Act of 1974 by failing to publish legally required notices in the Federal Register.[104] In June 2025, twenty states filed lawsuits alleging that DOGE's access to Medicaid and benefit data was used to facilitate immigration raids, disproportionately impacting mixed-status families.[105]
Workers assigned to immigration-related tasks
On September 4, 2025, Wired reported that employees of the Diplomatic Security Service (law enforcement for the State Department) had been assigned to work with ICE on immigration.[106]
ICE deployment
Throughout 2025 and into 2026, the administration launched a series of named enforcement operations targeting cities across the country, often deploying National Guard troops and other federal agencies alongside ICE. In June 2025, National Guard troops were federalized and deployed to Los Angeles in response to protests against ICE raids.[107] On July 7, ICE, Customs and Border Protection, and approximately 90 National Guard cavalry conducted Operation Excalibur at MacArthur Park in Los Angeles; internal Army documents described the mission as a "show of presence," and no arrests were made.[108][109] On September 4, a multi-agency raid at the Hyundai Motor Group Metaplant in Ellabell, Georgia, detained approximately 475 workers, mostly South Korean nationals, in what DHS described as the largest single-site enforcement operation in its history. The raid, codenamed Operation Low Voltage, involved ten federal agencies and caused a diplomatic dispute between the United States and South Korea.[110][111] On September 8, DHS announced Operation Midway Blitz in Chicago, a multi-agency operation covering Illinois and parts of Indiana. In October, the National Immigrant Justice Center reported that the government could not or would not confirm the whereabouts of approximately 3,000 people arrested during the operation, as detainees were scattered to facilities across 13 states and ICE's locator system became unreliable.[112] In December, Operation Catahoula Crunch in the New Orleans metropolitan area resulted in 560 arrests; DHS's own data indicated that only about 6 percent of those arrested had criminal records.[113][114] Also in December, ICE announced the conclusion of the nationwide Operation Angel's Honor, a 14-day operation under the Laken Riley Act that resulted in more than 1,030 arrests.[115]
Beginning in December 2025, thousands of ICE agents were sent to Minneapolis in what the government called Operation Metro Surge.The operation drew national attention after ICE officers fatally shot two U.S. citizens: Renée Good on January 7, 2026, and Alex Pretti on January 24.[116] Minnesota's governor and attorney general challenged the operation, stating its primary purpose was "retribution" rather than immigration enforcement. On January 28, 2026, Chief U.S. District Judge Patrick J. Schiltz found that ICE had violated at least 96 court orders in 74 immigration cases in Minnesota since January 1 of that year.[117][118] In February 2026, border czar Tom Homan announced a partial withdrawal of agents from the state.[119] Additional operations in January 2026 included Operation Salvo in New York City, announced by DHS Secretary Kristi Noem as targeting the Trinitarios gang,[120] and Operation Catch of the Day in Maine, where federal officers arrested more than 100 people in Portland and Lewiston against a stated target list of 1,400. Court records showed that not all those detained had been convicted of violent crimes.[121][122]
During the first year of Trump's second presidency, as of January 9, 2026, ICE shot at people in 16 incidents (causing four deaths and seven injuries) and another 15 incidents in which ICE didn't shoot but held people at gunpoint.[123]
Deportations
Deportation of immigrants
During Trump's campaign, he repeatedly promised to commence mass-deportation operations in response to the border crisis and the Biden administration's policies on immigration. Among restoring his previous policies in his first term, his key policy was among economy and immigration.
Upon swearing in, Trump appointed Tom Homan to become the incoming "border czar" and direct the Immigration & Customs Enforcement (ICE). With the cooperation of the Department of Homeland Security, ICE began directing raids across the U.S.,[124] including major cities where large immigrant communities reside. The Trump administration eliminated the "sensitive locations" policy, allowing ICE to conduct arrests in places such as schools or churches.[125] Homan has been critical of U.S. citizens and others actively using their constitutional and legal rights, and of Americans sharing knowledge of their rights, framing it as "defiance", and said people knowing their rights was harmful to law enforcement activities.[126]
Dozens of deportees captured by ICE were aboard military aircraft, with some being reported to have been held on shackles whilst on flight.[127] Many of the immigrants were deported without due process.[128] The influx of mass deportations resulted in families and communities being disrupted, and contributed to a climate of fear and uncertainty among immigrant communities.
On March 14, 2025, United States Attorney General Pam Bondi issued a directive allowing law enforcement officials to enter the homes of migrants without warrants.[129][130] On March 22, Trump asked Bondi to retaliate against attorneys opposing the deportations, for what he called "frivolous, unreasonable and vexatious litigation".[128]
Deportation numbers
37,660 people were deported in Trump's first month in office, including both removals and returns, far fewer than the monthly average of 57,000 deportations under Biden in 2024.[131] CBP has reported a drastic decrease in encounters with migrants at the U.S.-Mexico border, suggesting that a decrease in border crossings could explain the decrease in deportations.[132] The Trump administration has claimed that around 140,000 people had been deported as of April 2025, though some estimates put the number at roughly half that number.[133] On August 28, 2025, CNN reported that U.S. Immigration and Customs Enforcement (ICE) alone had deported nearly 200,000 people in seven months since Trump returned to office.[134]
An October 27, 2025 DHS press release claimed that more than 2 million people had been removed from the country, with 527,000 being deported while 1.6 million "voluntarily self-deported".[135][136] The Center for Migration Studies called the statement "a self-serving fantasy", describing it as based on a flawed interpretation of population data and that a more realistic number was around 1/10th of claimed self-deportations.[137] The Brookings Institution estimated around 310,000 deported and 210,000 to 405,000 voluntary departures due to enforcement activity.[138][139]
Detention
The second Trump administration has expanded immigration detention in the United States as part of the administration's mass deportation policy. On January 23, 2025, ICE began to carry out raids on sanctuary cities, with hundreds of immigrants detained and deported. The Trump administration reversed the policy of the previous administration and gave ICE permission to raid schools, hospitals and places of worship.[140][141] Fears of ICE raids have negatively impacted the agriculture,[140] construction,[142] tourism,[143] and hospitality industries.[144] ICE agents conducting raids frequently travel in unmarked vehicles, wear plainclothes and facial coverings, and refuse to identify themselves or present warrants.[145][146][147][148] The administration ordered the re-opening of the Guantanamo Bay detention camp to hold potentially tens of thousands of illegal immigrants,[149][150] but has faced logistical and legal difficulties using it as an immigrant camp. The majority of detentions have been for non-violent matters.[151][152][153] Courts have ruled more than 4,400 times that the Trump administration is detaining people illegally.[154] Several US citizens have been detained and deported.[155] In October 2025, around 3,000 people detained by ICE in the Chicago metropolitan area during Operation Midway Blitz disappeared from ICE records with government officials refusing or unable to confirm their whereabouts.[156]
Use of Guantanamo Bay
On January 29, 2025, Trump ordered the preparation of the Guantanamo Bay detention camp to house tens of thousands of migrants.[157]
Within a month, hundreds of migrants had been transferred to Guantanamo. Most of them were swiftly transferred elsewhere, including 177 Venezuelans who arrived in Venezuela on February 20 after having been held at Guantanamo.[158]
On March 13, a spokesperson for the US Southern Command confirmed that no migrants were currently being held at Guantanamo.[159] By early April several dozen migrants "on final orders supposedly to head to their final destination" were being temporarily held at Guantanamo, including Nicaraguans who had been added to a deportation flight originating in Louisiana.[160] The estimates were by the end of March that fewer than 400 detainees had been sent to the base.[161]
Use of El Salvador
The Trump administration affirmed a deal with Nayib Bukele's government to permit deportees to be held in El Salvador's Terrorism Confinement Center (CECOT), notorious for harsh conditions, at a cost of $6 million per year.[162][163] In March 2025, the Trump administration invoked the Alien Enemies Act of 1798 and deported around 250 people, alleged by the Trump administration to be members of Venezuelan gang Tren de Aragua, to El Salvador, where they were imprisoned in CECOT.[162][164] At the time of the deportations, the Trump administration did not identify the accused and did not reveal evidence of the accused being Venezuelan gang members or having committed crimes in the United States.[162]
The American Civil Liberties Union and Democracy Forward sued the Trump administration, challenging the legality of using the Alien Enemies Act when the country is not in desperate conditions, including at time of war.[165] The administration used two planes to deport the accused, despite Chief Judge James Boasberg of the United States District Court for the District of Columbia issuing a temporary restraining order against deporting foreigners using the act. Boasberg also verbally ordered planes containing such foreigners to return to the United States.[166] Trump's "border czar" Tom Homan said that the Trump administration completed the deportations despite the court order, because Boasberg's order was made when the planes were above international waters after departing the United States; Homan also declared regarding deportations: "Another flight every day. [...] We are not stopping. I don't care what the judges think."[167] White House press secretary Karoline Leavitt said that Boasberg's order "had no lawful basis [...] A single judge in a single city cannot direct the movements of an aircraft carrier".[164] Leavitt also expressed doubts about "whether a verbal order carries the same weight as a written order", while the Trump administration argued in court that "an oral directive is not enforceable as an injunction".[168][169]
The administration has admitted that "many" of those who had been deported did not have criminal records in the US.[170] Bloomberg estimated that about 90% of the deported migrants had no criminal record.[171]
The administration acknowledged that one of the deportees, Kilmar Armando Abrego Garcia, had been deported due to an "administrative error".[172] The Supreme Court ruled that his deportation was illegal and ordered to "facilitate" his return.[173] On April 14, 2025, the administration changed its position, stating that the deportation of Abrego Garcia was not a mistake. Both Trump and El Salvador's President Bukele said they could not unilaterally bring him back. Trump accused opponents of wanting to release criminals.[173] Trump also mentioned his desire to widen the deportations to El Salvador for "criminal" US citizens, asking Bukele to build five more prisons for Americans.[174]
Use of Costa Rica
In February 2025, the Costa Rican government agreed to receive 200 migrants renditioned from the United States and to detain them at the Temporary Migrant Care Center, known by its Spanish acronym CATEM, pending their repatriation. Costa Rican authorities have made attempts to reestablish custody over migrants who have escaped from CATEM, though others were permitted to leave the facility after formally seeking asylum in Costa Rica.[175]
Use of South Sudan
In July, 2025, eight men were deported to South Sudan.[176] Only one of the men was from South Sudan.[176]
Detention and deportations of dissidents and activists
In response to these policies by the Trump administration, many activists and protesters began protesting on streets in major cities across the U.S. against mass-deportations and immigration policy, including Los Angeles and New York City, which are home to large immigrant communities.[177][178] In spite of this, the Trump administration increasingly targeted legal immigrants, tourists, and students with green cards who expressed criticism of his policies or engaged in pro-Palestinian advocacy.[179] The government has deported or attempted to deport a number of pro-Palestinian activists whom it accuses of supporting terrorists. These include Mahmoud Khalil, Rasha Alawieh, Badar Khan Suri,[180] and Momodou Taal.[181]
US citizens
Trump has stated "his administration is trying to find 'legal' ways to ship U.S. citizens" to CECOT.[182][183][184] During President Bukele's White House visit where the two discussed Abrego Garcia, Trump told Bukele "Home-growns are next. The home-growns. You gotta build about five more places. It's not big enough."[185][186]
The issue was first raised when U.S. and El Salvador formed an agreement to house people of any nationality in CECOT. Bukele extended the offer to convicted criminals serving their sentence in the United States who are U.S. citizens or legal residents. He confirmed the statement on X, saying he offered the U.S. "the opportunity to outsource part of its prison system".[187] The U.S. government cannot deport American citizens,[188] and Secretary of State Marco Rubio said that "Obviously we'll have to study it on our end. There are obviously legalities involved. We have a Constitution, we have all sorts of things",[189] while calling it "a very generous offer", noting "No one's ever made an offer like that" and that it would cost a fraction of imprisoning criminals in the U.S.[182] He said that "obviously the administration will have to make a decision."[188]
Trump said he was looking into whether he could move forward with the offer, telling reporters "I'm just saying if we had a legal right to do it, I would do it in a heartbeat" and "I don't know if we do or not, we're looking at that right now."[182][190] When asked about the cost of incarcerating American prisoners in other countries, Trump said it would be a "small fee compared to what we pay to private prisons", that several countries had already agreed to host American prisoners, and that "It's no different than a prison system except it would be less expensive and it would be a great deterrent."[190] Elon Musk called the proposal a "Great idea!!" on X.[187] Rubio in his remarks specified that this would apply to dangerous criminals; Politico noted that meanwhile, Bukele said on X that El Salvador would gladly take former United States Senator Bob Menendez, who was serving an 11-year prison sentence for bribery but who was not a violent criminal.[190]
Trump later suggested on Truth Social that the "sick terrorist thugs" responsible for the recent vandalism of Tesla property could be sent to Salvadoran prisons, "which have become so recently famous for such lovely conditions".[191] Ahead of Bukele's White House visit, Trump confirmed that they would discuss sending Americans to El Salvador's prisons,[192] giving his stance as "I love it" and that he would be honored, but that he'd have to see what the law says, "but I can't imagine the law would say anything different... If they can house these horrible criminals for a lot less money than it costs us, I'm all for it."[184]
Politico cited Insha Rahman, vice president of advocacy in the Vera Institute of Justice, as saying there's no precedent for sending U.S. citizens outside the country to serve sentences in other countries; "It is so beyond the pale of anything contemplated by the Constitution or due process or the criminal courts." Lauren-Brooke Eisen, the senior director of the justice program at the Brennan Center for Justice, told Politico in a statement that the Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments such as excessive sentences or inhumane prison conditions, and that deporting Americans would be illegal under the First Step Act, which requires that the federal government send those convicted of federal crimes to "a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence".[183]
The BBC noted that while U.S. citizens enjoy legal protection from deportation, it is possible for naturalized citizens to be denaturalized. This tends to happen when the citizenship was fraudulently obtained, but citizens suspected of ties to criminal gangs or terrorist organizations, such as Tren de Aragua or MS-13, could, in theory, be stripped of citizenship. They would then be at risk of deportation, although such a move would need a formal court process. Citizens born in the U.S. cannot be denaturalized.[193]
In June 2025, the Justice Department sent a memo directing its attorneys to prioritize denaturalization if the naturalized citizen has committed certain crimes.[194]
Travel ban
On January 20, 2025, President Donald Trump signed Executive Order 14161 titled "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats". The order seeks to protect Americans "from aliens who intend to commit terrorist attacks, threaten [U.S.] national security, espouse hateful ideologies, or otherwise exploit immigration laws for malevolent purposes."[68] To achieve this goal, the order calls for enhanced vetting and screening measures for all foreign nationals seeking to enter or already present in the United States since January 20, 2021. It directs federal agencies a 60-day period to review, recommend, and implement necessary updates to existing procedures to ensure national security and public safety.[195]
In doing so, the order also seeks to identify deficiencies in the information needed to assess whether nationals of particular countries pose a security threat, using a standardized risk assessment baseline. If a foreign government fails to provide adequate information, or if other risk factors are present, the administration may impose entry restrictions and take steps to remove individuals already in the country. The order may reinstate and expand upon earlier directives issued during Trump's first term, commonly referred to as the "travel ban".[196]
On March 14, 2025, The New York Times reported that the Trump administration released a draft list of 43 countries that could be affected under EO 14161 which would ban citizens of eleven countries from entering the U.S., sharply restrict citizens of ten other countries, and give twenty-two countries sixty days to address concerns from the Department of State.[197]
On June 4, 2025, Trump signed Proclamation 10949, restricting citizens of Afghanistan, Myanmar, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen from entering the U.S. The order also partially bans travelers from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela;[198][199] citizens from partially banned countries may only seek temporary work visas.[200] It excludes visa holders, permanent residents, dual citizens, and athletes participating in a "major sporting event", including the FIFA World Cup and the Olympic Games.[201]
From August 20, 2025, the State Department launched a 12-month visa bond policy requiring Malawian and Zambian nationals applying for business and tourism visas to pay a bond of between US$5,000 and US$15,000 in order to deter applicants from overstaying their visas.[202] In mid-March 2026, the State Department announced that the visa bond policy would be extended to 12 other countries from April 2, 2026, bringing the total number of countries affected by the visa bonds programme to 18. Affected countries included Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, Papua New Guinea, Seychelles and Tunisia.[203]
In December 2025, all immigration cases up to and including naturalization ceremonies were cancelled for immigrants from those countries who were in the process of applying for citizenship.[204][205]
Fully restricted
Partially restricted
Impact
The Department of Homeland Security (DHS) claimed that in 2025, more than 2.5 million had either been deported or voluntarily left,[206] although the claim has been called a "self-serving fantasy" by the Center for Migration Studies and other groups who put a more realistic number at a tenth of the claimed amount.[207] In a January 2026 report, the Brookings Institution stated that the United States experienced negative net migration in 2025 for the first time in decades, which was estimated to be −10,000 to −295,000 people.[208]
Brain drain
The deportations of lawful permanent residents and visa holders, along with research funding cuts, have made the United States less attractive for students, white-collar workers and researchers.[209] A March 2025 poll showed that 75% of US scientists were considering leaving.[210] Ursula von der Leyen announced in May 2025 a two-year €500 million investment (approximately $556 million) to support US scientists moving to Europe.[211]
On Latin America
The immigration policies of the Trump administration have resulted in a documented increase in "reverse migratory flow", whereby immigrants (predominantly Venezuelans) originally destined for the United States are returning through Panama.[212][213] There has been an 83% decrease in migration toward the United States through Colombia while thousands migrate south, often using dangerous alternative paths through remote areas. Combined with funding cuts to USAID, this has caused a nutrition crisis among migrants in the region.[214] In January 2025, Leslie Voltaire, the president of Haiti warned that Trump's policies like blocking and deporting migrants can have catastrophic consequences for the country which "cannot handle the influx".[215] The travel ban which Trump issued in June, may have negative impacts on several countries including Haiti which is already in deep crisis.[216] In 2026, the International Rescue Committee noted that forced deportations to Haiti, combined with nearly total absence of humanitarian help, strongly worsened the already bad situation in this country. In 2025, the country experienced a 20% increase in murders, a 1,000% increase in sexual violence against children since 2023, a 25% increase in gender-based violence, and a 700% rise in child recruitment in the first three months.[217]
As of May 2025, monthly figures for apprehensions on the US-Mexico border showed a precipitous year-on-year decrease in excess of 90% to 8,300, 7,200 and 8,400 for February, March and April 2025 respectively compared with the corresponding months in 2024. Historically, no full year has averaged below 9,000 apprehensions per month since the late 1960s.[218][219]
Reactions
By January 2026, The Associated Press reported that a "broad cultural revolt" against ICE and Trump's immigration agenda was forming across American culture, business, sports, and entertainment.[220] 2025 recorded a 6% drop in U.S. tourism, the only decline in major destinations worldwide, representing a loss of 11 million visitors and of billions of dollars for the travel industry.[221]
See also
- Detention of Juan Carlos Lopez-Gomez
- Habeas corpus – Court action challenging unlawful detention
- Immigration policy of the first Trump administration
- Immigration policy of the United States
- June 2025 Los Angeles protests
References
- ^ Kanno-Youngs, Zolan; Aleaziz, Hamed; Sullivan, Eileen (January 20, 2025). "Trump Starts Immigration Crackdown, Enlisting the Military and Testing the Law". The New York Times. Archived from the original on January 21, 2025. Retrieved January 21, 2025.
{{cite web}}: CS1 maint: bot: original URL status unknown (link) - ^ "Southwest Land Border Encounters". U.S. Customs and Border Protection.
- ^ Montoya-Galvez, Camilo (March 3, 2025). "Amid Trump crackdown, illegal border crossings plunge to levels not seen in decades". CBS News. Retrieved July 23, 2025.
- ^ Contreras, Russell (July 15, 2025). "Illegal border crossings hit decades-low amid Trump hardline crackdown". Axios. Retrieved July 23, 2025.
- ^ a b c d e f g h i j k l m n o p q r s "Recent White House Actions on Immigration". www.congress.gov. February 10, 2025. Retrieved May 8, 2025.
- ^ "Proclamation 10888 – Guaranteeing the States Protection Against Invasion". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ a b c d e f g h i j k l m Sharuk, Deena; Gilman, Denise; Crow, Melissa (March 17, 2025). "Primer: Immigration Enforcement Mechanisms at the U.S. Border" (PDF). American Bar Association.
- ^ Singh, Maanvi (July 2, 2025). "'A win for humanity': Trump's asylum ban at US-Mexico border ruled unlawful". The Guardian. Retrieved July 4, 2025.
- ^ "MEMORANDUM OPINION". www.courtlistener.com. Retrieved July 4, 2025.
- ^ "USCIS to Consider Anti-Americanism in Immigrant Benefit Requests". USCIS (Press release). August 19, 2025.
- ^ "USCIS Announces Consideration of "Anti-Americanism" in Immigrant Benefit Requests". American Immigration Lawyers Association. August 19, 2025.
- ^ Montoya-Galvez, Camilo (August 20, 2025). "U.S. to probe "anti-American" views of those applying for immigration benefits under Trump directive". CBS News.
- ^ a b c d e f g "Executive Order 14165 – Securing Our Borders". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ Hernández, Arelis (January 20, 2025). "Family waiting to cross border learns their CBP One appointment is canceled". The Washington Post. Retrieved January 21, 2025.
- ^ "Termination of Family Reunification Parole Processes for Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans". Federal Register. December 15, 2025.
- ^ "Fact Sheet: New Family Reunification Parole Processes Provide Lawful Pathway for Family Unity | Homeland Security". DHS. August 7, 2023. Archived from the original on February 4, 2025. Retrieved December 17, 2025.
- ^ Martínez, Alonso (December 15, 2025). "Trump administration ends family reunification parole for seven countries". El País.
- ^ Nora Gámez Torres; Charles, Jacqueline (December 12, 2025). "Trump administration ends family-reunification parole program for Cubans and Haitians". Miami Herald.
{{cite news}}: CS1 maint: deprecated archival service (link) - ^ "US judge halts Trump plan to end protections for 350,000 Haitians". Reuters. February 3, 2026.
- ^ Henao, Luis Andres; Schoenbaum, Hannah (February 2, 2026). "Judge blocks Trump administration from ending protections for Haitians". AP News. Retrieved February 3, 2026.
- ^ "Judge blocks Trump administration's stripping of Haitians' protected status". The Guardian. February 3, 2026. ISSN 0261-3077. Retrieved February 3, 2026.
- ^ "Southwest Land Border Encounters". U.S. Customs and Border Protection (CBP). August 6, 2024. Archived from the original on September 6, 2024. Click through image to Wikimedia file description page to see links to updated data.
- ^ a b c d e f g "Proclamation 10886 – Declaring a National Emergency at the Southern Border of the United States". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ a b c d "Executive Order 14163 – Realigning the United States Refugee Admissions Program". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ "8 USC 1182: Inadmissible aliens". uscode.house.gov. Retrieved May 8, 2025.
- ^ "US to cut refugee admissions to 7,500 from 125,000". dw.com. October 30, 2025. Retrieved October 31, 2025.
- ^ Yang, Maya (October 30, 2025). "US will limit number of refugees to 7,500 and give priority to white South Africans". The Guardian. ISSN 0261-3077. Retrieved October 31, 2025.
- ^ Stepansky, Joseph. "Trump announces lowest refugee admission cap in US history at 7,500". Al Jazeera. Retrieved October 31, 2025.
- ^ 90 FR 49005
- ^ Dyer, Andrew; Bowler, Matthew (November 26, 2025). "Memo: Trump administration to review all Biden-era refugees in the US". KPBS Public Media.
- ^ SANTANA, REBECCA; SPAGAT, ELLIOT (November 24, 2025). "Trump administration plans to review refugees admitted under Biden, memo obtained by The AP says". AP News.
- ^ Williams, Abigail; Jett, Jennifer; Ainsley, Julia (November 25, 2025). "Trump administration to review status of all refugees admitted under Biden". NBC News.
- ^ Montoya-Galvez, Camilo (November 25, 2025). "Trump administration orders review of refugees who entered under Biden, pauses their green card cases, memo shows – CBS News". CBS News.
- ^ "Policy Memorandum – PM-602-0192 – Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries" (PDF). USCIS. December 2, 2025. Archived from the original (PDF) on December 13, 2025.
- ^ Ngo, Madeleine (December 5, 2025). "Here's How Trump Has Made It Harder for Migrants Seeking Asylum and Citizenship". The New York Times.
{{cite news}}: CS1 maint: deprecated archival service (link) - ^ Lind, Dara (December 4, 2025). "Trump Administration Responds to Tragedy By Putting Hundreds of Thousands of Legal Immigrants' Lives On Hold". American Immigration Council.
- ^ Montoya-Galvez, Camilo; Ingram, Julia (December 23, 2025). "Trump administration seeks to cancel thousands of asylum cases, saying applicants can be deported to third countries – CBS News". CBS News.
{{cite news}}: CS1 maint: deprecated archival service (link) - ^ Ulloa, Jazmine; McCann, Allison; Aleaziz, Hamed (December 20, 2025). "Trump Administration Pushes Asylum Seekers to Apply in Other Countries". The New York Times.
{{cite news}}: CS1 maint: deprecated archival service (link) - ^ Luscombe, Richard (February 19, 2026). "White House grants ICE power to detain refugees for aggressive 'rescreening'". The Guardian. ISSN 0261-3077. Retrieved February 21, 2026.
- ^ "Trump administration expands ICE authority to detain refugees". Reuters. February 19, 2026.
- ^ "Refugee Admissions Program?". US Embassy & Consulates in South Africa. May 12, 2025. Retrieved May 12, 2025.
- ^ "Why has Trump given white South Africans refugee status?". Al Jazeera. Retrieved May 17, 2025.
- ^ a b c Nomia Iqbal; Cecilia Macaulay; Brandon Drenon (May 12, 2025). "White South Africans arrive in US under Trump refugee plan". BBC News. Retrieved May 17, 2025.
- ^ Ngcobo, Khanyisile (February 26, 2025). "Claims of white genocide 'not real', South African court rules". BBC News.
- ^ a b c d "Executive Order 14159 – Protecting the American People Against Invasion". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ a b c d Alvarez, Priscilla; Treene, Alayna (February 26, 2025). "Trump prepares to use controversial 1798 'Alien Enemies' law to speed deportations". CNN. Retrieved May 8, 2025.
- ^ a b Raymond, Nate; Cooke, Kristina; Heath, Brad (February 14, 2026). "Courts have ruled 4,400 times that ICE jailed people illegally. It hasn't stopped". Reuters.
Most of the rulings center on the Trump administration's departure from a nearly three-decade-old interpretation of federal law that immigrants already living in the United States could be released on bond while they pursue their cases in immigration court.
- ^ a b "February 6, 2026" (PDF). ca5.uscourts.gov.
The statutory interpretation issue posed by these alien petitioners is novel but not recondite. The petitioners concede that they are deemed to be "applicants for admission," i.e., "alien[s] present within the United States who ha[ve] not been admitted" by lawful means. 8 USC §§ 1225(a)(1), 1101(a)(13)(A) (definition of admission). Each of them entered illegally many years ago. As such, the government contends, because neither petitioner showed himself to be "clearly and beyond a doubt entitled to be admitted," he "shall be detained" pending his removal proceeding. 8 U.S.C. § 1225(b)(2)(A). The petitioners counter that, despite falling squarely within § 1225, they are nonetheless eligible for discretionary release on bond during removal proceedings. Section 1226(a)(2), they contend, applies to them precisely because they did not "seek [lawful] admission" according to § 1225. 8 U.S.C. § 1226(a)(2). These provisions were framed by the IIRIRA immigration reform legislation in 1996, Pub. L. 104-208, 110 Stat. 3009 (1996), but their interrelation had not been adjudicated until the past few months, when the current Presidential Administration began detaining illegal alien residents, like the petitioners here, for removal proceedings without bond, rather than bonding and releasing them. After reviewing carefully the relevant provisions and structure of the Immigration and Naturalization Act, the statutory history, and Congressional intent, we conclude that the government's position is correct. We REVERSE the district courts' orders to provide petitioners with bond hearings or release them and REMAND for further proceedings consistent with this opinion.
- ^ a b Kaplan, Lewis A. (November 26, 2025). "Memorandum & Opinion – #28 in Barco Mercado v. Francis (S.D.N.Y., 1:25-cv-06582)". CourtListener.
- ^ Multiple sources:
- "Policy Brief: ICE Plan to Detain Most Undocumented Noncitizens Would Deprive Millions of Liberty and Undermine Immigration Courts' Authority". American Immigration Lawyers Association. July 24, 2025.
The memo says nearly all these individuals, no matter how long they have been in the country, are subject to mandatory detention pursuant to Immigration and Nationality Act (INA) § 235. This change contradicts the Department of Homeland Security (DHS) and the immigration court's longstanding legal interpretation of the INA
- "ICE Memo: Interim Guidance Regarding Detention Authority for Applications for Admission". American Immigration Lawyers Association. July 8, 2025.
section 235 of the Immigration and Nationality Act (INA), rather than section 236, is the applicable immigration detention authority for all applicants for admission.
- "Case: Lazaro Maldonado Bautista v. Ernesto Santacruz Jr". Civil Rights Litigation Clearinghouse.
This case challenges the recent Department of Homeland Security (DHS) policy, issued on July 8, 2025, that instructs Immigration and Custom Enforcement (ICE) employees to consider anyone who has entered the U.S. without inspection as subject to mandatory detention and edible for release only on parole. Under section 1226(a) of the Immigration and Nationality Act (INA), individuals who have been detained by ICE after entering and residing in the U.S. were granted bond or conditional parole hearings before an immigration judge to determine whether they can be released awaiting resolution of their removal proceedings. However, those who have been detained at the border on arrival to the U.S., as per section 1225(b)(2), were subject to mandatory detention.
- French, David (February 12, 2026). "Opinion | A Very Dangerous Ruling in New Orleans". The New York Times.
For roughly 30 years, Republican and Democratic presidents have been in agreement, including during Trump's first term. Section 1225 applies to people who have crossed the border and are seeking to enter the country. Section 1226 applies to the aliens who are already here. In other words, if you're crossing the border, you're not eligible for a bond. If you're already here, then you are.
- "Policy Brief: ICE Plan to Detain Most Undocumented Noncitizens Would Deprive Millions of Liberty and Undermine Immigration Courts' Authority". American Immigration Lawyers Association. July 24, 2025.
- ^ Jordan, Miriam; Barrett, Devlin (February 1, 2026). "Federal Courts Undercut Trump's Mass Deportation Campaign". The New York Times.
In the vast majority of cases, judges are siding with the detainees and ordering their immediate release, or ordering immigration judges to hold bond hearings
- ^ Millhiser, Ian (February 4, 2026). "Trump's occupation of Minneapolis has broken the Justice Department". Vox.com.
In a November 26 opinion, one federal judge wrote that the Trump administration's misreading of this federal law "has been challenged in at least 362 cases in federal district courts." As of that decision, the challengers had prevailed "in 350 of those cases decided by over 160 different judges sitting in about fifty different courts spread across the United States."
- ^ "Tracking the Historic Rise of Habeas Cases Filed by Detained Immigrants". ProPublica.
Immigrants filed more habeas cases in the first 13 months of the second Trump administration than in the past three administrations combined, including his first.
- ^ Christina van Waasbergen (February 6, 2026). "Fifth Circuit upholds Trump administration's mandatory detention policy". Courthouse News Service.
- ^ Raymond, Nate (February 7, 2026). "US appeals court upholds Trump's immigration detention policy". Reuters.
- ^ Cole, Devan (February 7, 2026). "Appeals court greenlights Trump admin policy of detaining undocumented immigrants without opportunity to seek release | CNN Politics". CNN.
- ^ a b Montoya-Galvez, Camilo (February 6, 2026). "Appeals court endorses Trump policy of holding many ICE detainees without bond hearings". CBS News.
- ^ "April 7, 2025" (PDF). supremecourt.gov.
- ^ Magan, Christopher (February 13, 2026). "Court ruling means Minnesota immigrants sent to Texas may have little chance of returning". The Minnesota Star Tribune.
The Fifth Circuit's Feb. 6 decision covers Texas, Louisiana and Mississippi, states that are home to some of Immigration and Customs Enforcement's largest detention facilities.
- ^ Millhiser, Ian (February 9, 2026). "The MAGA court decision that just supercharged ICE". Vox.com.
Even before the Fifth Circuit's decision in Buenrostro-Mendez, the Trump administration was already flying many immigrants detained in Minnesota to Texas — no doubt because Trump's lawyers anticipated that the MAGA-friendly judges on this court would do whatever they could to bolster his deportation plans. One consequence of this already-existing practice is that immigration lawyers in Minnesota must race to file a habeas petition while their client is still located in that state, because if ICE succeeds in removing the immigrant to Texas, then the immigrant will lose their ability to seek relief before a nonpartisan bench. (...) This practice of snatching up immigrants in non-Fifth Circuit states and flying them to Texas is likely to accelerate, at least while Jones's opinion in Buenrostro-Mendez remains in effect. Under Jones's decision, once an immigrant crosses into the Fifth Circuit, they effectively lose their right to seek release or demand a bond hearing until their immigration proceeding is resolved.
- ^ "Enforce Judgment – #116 in Lazaro Maldonado Bautista v. Ernesto Santacruz Jr (C.D. Cal., 5:25-cv-01873)". CourtListener. February 18, 2026.
The Court's initial decision to deny Petitioners' request to vacate Yajure Hurtado under the APA was an act of judicial restraint: a formality. However, based on the representations Respondents have made to the Court, it is evident that further relief is both necessary and proper. The Court VACATES Yajure Hurtado under the APA.
- ^ Cassler, Rebecca (September 12, 2025). "BIA Decision Strips Immigration Judges of Bond Authority, All but Guaranteeing Mandatory Detention for Undocumented Immigrants". American Immigration Council.
In Matter of Yajure Hurtado, the Board of Immigration Appeals proclaimed that any person who crossed the border unlawfully and is later taken into immigration detention is no longer eligible for release on bond. This decision reverses longstanding precedent
- ^ Raymond, Nate (February 18, 2026). "US judge throws out immigration board's ruling endorsing Trump mass detention policy". Reuters.
Sykes' Wednesday ruling, in a class action lawsuit that covers migrants nationwide, is more sweeping than decisions by hundreds of other U.S. judges holding the policy is unlawful and ordering detainees to be freed or given bond hearings. (...) Sykes' ruling means the board's decision can no longer be used by immigration judges to deny bond hearings, said Niels Frenzen (...) who represented the plaintiffs
- ^ Uranga, Rachel (September 6, 2025). "Top immigration court rules judges can deny bond to millions of immigrants". Los Angeles Times.
- ^ Sullivan, Eileen (January 21, 2025). "How Trump's Plan to Label Some Drug Cartels 'Terrorists' Would Work". The New York Times. Retrieved January 22, 2025.
- ^ a b c "Executive Order 14157 – Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists". The American Presidency Project. Retrieved May 8, 2025.
- ^ a b "The Alien Enemies Act". Brennan Center for Justice. May 8, 2025. Retrieved May 8, 2025.
- ^ a b c d e "Executive Order 14161 – Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ a b "What Does the Laken Riley Act Require?". Catholic Legal Immigration Network. February 21, 2025.
- ^ Doyle, Katherine; Richards, Zoë (January 29, 2025). "Trump signs the Laken Riley Act, the first law of his second administration". NBC News. Retrieved January 30, 2025.
- ^ a b Boyd, Katie (January 29, 2025). "Text – S.5 – 119th Congress (2025–2026): Laken Riley Act". www.congress.gov. Retrieved May 20, 2025.
- ^ a b Gomez Licon, Adriana (January 24, 2025). "What is the Laken Riley Act? A look at the first bill Trump will sign". Associated Press. Retrieved January 27, 2025.
- ^ a b c "Executive Order 14160 – Protecting the Meaning and Value of American Citizenship". The American Presidency Project. January 20, 2025. Retrieved May 8, 2025.
- ^ Lee, Ella (February 6, 2025). "DOJ appeals block of birthright citizenship executive order". The Hill. Retrieved May 4, 2025.
- ^ Raymond, Nate (February 6, 2025). "US judge accuses Trump of ignoring rule of law to curb birthright citizenship". Reuters. Retrieved May 4, 2025.
- ^ a b c "Trump's Gold Card: A New Pathway to U.S. Citizenship". www.claconnect.com. Retrieved May 20, 2025.
- ^ Holland, Steve; Singh, Kanishka; Singh, Kanishka (February 26, 2025). "Trump floats $5 million 'gold card' as a route to US citizenship". Reuters. Retrieved May 20, 2025.
- ^ Guerra, Gil (March 14, 2025). "Op-ed: Trump's gold card visa, explained". Niskanen Center. Retrieved May 20, 2025.
- ^ a b c "Immigration 'gold card': What is it, and how could it impact our immigration system?". George W. Bush Presidential Center. March 13, 2025. Retrieved May 20, 2025.
- ^ "Here's why experts think Trump took 'a sledgehammer' to the H-1B visa worker program". PBS News. September 30, 2025. Retrieved October 13, 2025.
- ^ @Sec_Noem (December 19, 2025). "The Brown University shooter, Claudio Manuel Neves Valente entered the United States through the diversity lottery immigrant visa program (DV1) in 2017 and was granted a green card. This heinous individual should never have been allowed in our country. In 2017, President Trump fought to end this program, following the devastating NYC truck ramming by an ISIS terrorist, who entered under the DV1 program, and murdered eight people. At President Trump's direction, I am immediately directing USCIS to pause the DV1 program to ensure no more Americans are harmed by this disastrous program" (Tweet) – via X (formerly Twitter).
{{cite web}}: CS1 maint: deprecated archival service (link) - ^ Al-Rikabi, Ramsey; Caldwell, Alicia A. (December 19, 2025). "Trump Suspends Green Card Lottery After Brown, MIT Attacks". Bloomberg.com.
{{cite news}}: CS1 maint: deprecated archival service (link) - ^ Lee, Matthew (January 5, 2026). "US expands list of countries whose citizens must pay up to $15,000 bonds to apply for visas". AP News.
Payment of the bond does not guarantee a visa will be granted, but the amount will be refunded if the visa is denied or when a visa holder demonstrates they have complied with the terms of visa.
- ^ "Countries Subject to Visa Bonds". travel.state.gov. Archived from the original on December 25, 2025.
- ^ @StateDept (January 14, 2026). "The State Department will pause immigrant visa processing from 75 countries whose migrants take welfare from the American people at unacceptable rates. The freeze will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people" (Tweet) – via X (formerly Twitter).
{{cite web}}: CS1 maint: deprecated archival service (link) - ^ Montoya-Galvez, Camilo; Schick, Camilla (January 14, 2026). "Trump administration to suspend immigrant visas for nationals of 75 countries". CBS News.
- ^ Gedeon, Joseph (January 14, 2026). "Trump administration halts immigrant visa processing from 75 countries". The Guardian.
- ^ Williams, Abigail (January 14, 2026). "U.S. to stop issuing immigrant visas for 75 countries". NBC News.
- ^ "Temporary Increase in H-2B Nonimmigrant Visas for FY 2026". USCIS (Press release).
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- ^ @StateDept (August 16, 2025). "All visitor visas for individuals from Gaza are being stopped while we conduct a full and thorough review of the process and procedures used to issue a small number of temporary medical-humanitarian visas in recent days" (Tweet) – via X (formerly Twitter).
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