The Trump Administration consistently pushed for a tougher approach to illegal immigration, implementing policies focused on securing our borders, bolstering interior enforcement, and ending abuse of our immigration laws. Below is a timeline of the immigration policies implemented by the Trump Administration: 

 

2021

January

458 Miles of Border Wall Completed

According to Customs and Border Protection (CBP) as of January 20, a total of 458 miles of the border wall system were completed.

 

2020

December

Trump Extends COVID-19-Related Immigration Restrictions To Protect American Workers

On December 31, President Trump extended Proclamation 10014 (of April 22, 2020) and Proclamation 10052 (of June 22, 2020), both of which aimed to protect American jobs as the U.S. economy recovered from the impact of COVID-19. While the April proclamation suspended some forms of immigration into the U.S., the June proclamation suspended the entry of foreign nationals holding various guestworker visas, such as H-1B, H-2B, L-1, and some J-1 visas. The restrictions were extended through March 31, 2021.

October

Refugee Ceiling Reduced To Lowest Level In History

On October 28, President Trump set the refugee ceiling for Fiscal Year 2021 at 15,000, representing the lowest refugee ceiling in history. In FY 2020, the ceiling was set at 18,000 refugees, but only 12,000 entered the U.S. due to COVID-19.

Criminals Barred From Asylum

On October 20, the Departments of Justice and Homeland Security announced the publication of a final rule preventing certain categories of criminal foreign nationals from receiving asylum in the United States. The rule applied to aliens who have been convicted of federal or state felonies, illegal reentry, alien smuggling or harboring, street gang crime, drunk driving, domestic violence, or certain misdemeanors (e.g., offenses related to false identification, unlawful receipt of public benefits, or possession or trafficking of controlled substances or paraphernalia). 

August

Trump Bars Federal Contractors from Displacing American Workers with Foreign Guestworkers

On August 3, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers.” The order directed the head of every U.S. government executive department and agency that entered into contracts (and subcontracts) awarded in fiscal years 2018 and 2019 to determine whether contractors/subcontractors used temporary foreign labor for contracts performed in the U.S., and whether this affected opportunities for American workers or created any national security implications.

According to FAIR President Dan Stein, the order took on “the perverse reality that Americans are subsidizing their own demise when companies that are profiting from taxpayer-supported government contracts displace American workers with foreign workers.” Stein added that “the president’s order should be just a first step in reforming our massively abused guest worker programs.”

June

Protecting American Workers, Halting Foreign Guestworker Admissions

On June 22, to address record-high levels of COVID-19-related unemployment, President Trump issued a proclamation temporarily suspending the entry of foreign guestworkers into the United States for the remainder of 2020. The executive action affects the H-1B program, and several other nonimmigrant guestworker programs, including those H-2Bs not critical to the food-supply chain, as well as L and certain J visas. 

FAIR president Dan Stein described the proclamation as “welcome news for the tens of millions of Americans who have lost jobs as a result of the COVID-19 crisis. Among the recently unemployed are workers of all skill levels who are ready, willing, and able to fill jobs as our economy recovers.”

March

Trumps Signs COVID-19 Relief Package Excluding Illegal Aliens

On March 27, the President signed a $2.2 trillion COVID-19 stimulus and relief package, which includes relief payments to all individuals with Social Security Numbers meeting income requirements. Those with Individual Taxpayer Identification Numbers (ITINs), including illegal aliens, did not receive coronavirus relief checks.

February

Trump Administration Takes Action Against Sanctuary Jurisdictions

On February 10, Attorney General William Barr announced that the Department of Justice would take legal action against local and state governments that pursue sanctuary policies. Sanctuary jurisdictions – of which there were almost 600 in 2018 – obstruct the enforcement of the nation’s immigration laws and frequently release illegal alien criminals to prey on Americans and immigrants alike. In a separate action, the Trump Administration deployed special border patrol tactical units to sanctuary jurisdictions throughout the country to assist ICE.

January

Travel Ban Expanded to Six More Countries

On January 31, the Trump Administration announced an expansion of a travel ban after a review by the Department of Homeland Security that evaluated the safety performance and protocols of approximately 200 countries. The six additional countries were: Burma, Eritrea, Kyrgyzstan, Nigeria, Tanzania, and Sudan. For a few of the countries – Burma, Eritrea, Kyrgyzstan, and Nigeria – the restrictions were only applicable to immigrant visas. For Sudan and Tanzania, the restrictions were placed on diversity visas, which are awarded through a lottery program that grants visas to prospective immigrants randomly each year.

Trump Administration Cracks Down on Birth Tourism

On January 24, the U.S. Department of State issued a rule cracking down on birth tourism. The rule gave consular officers greater leeway to deny B nonimmigrant visas to foreign nationals whom they believe are traveling to the United States for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the country. The rule also codified a requirement that applicants seeking medical treatment in the U.S. must demonstrate their ability to pay for the treatment. The State Department said the rule would address “concerns about the attendant risks of this activity to national security and law enforcement, including criminal activity associated with the birth tourism industry.”

 

2019

November

Trump Administration Announces Rule Limiting Work Authorizations

On November 14, U.S. Citizenship and Immigration Services announced a proposed rule that would bar asylum-seekers from receiving work authorization while their application is pending. The rule would have had a significant impact on asylum-seeking aliens. Granting hundreds of thousands of asylum seekers – even those in removal proceedings – work authorization incentivizes illegal immigration. 

September

Trump Administration Signs Asylum Agreement with El Salvador

On September 20, the United States signed a “cooperative asylum agreement” with El Salvador stipulating that migrants from third countries who would otherwise seek refuge in the U.S. would be permitted to remain in El Salvador. In exchange, the U.S. pledged American investment in the Central American nation. The agreement reflected the Trump Administration’s strategy of reaching agreements with individual countries in the region as a means to stem the flow of migrants to the U.S. 

Supreme Court Permits Administration to Enforce “Safe Third Country” Rule

On September 11, the U.S. Supreme Court handed a major win to the Trump Administration by temporarily permitting the nationwide enforcement of the “safe third country” asylum rule. The rule, which was fast-tracked by the administration in July, would have deemed migrants ineligible for asylum if they failed to make their request in a designated safe third country which they had passed through on their way to the United States.

The rule was first blocked by U.S. District Court Judge Jon Tigar of the Northern District of California who issued a nationwide injunction immediately after it took effect. 

August

Trump Administration Paves the Way for the Termination of the Flores Agreement

On August 23, the secretaries of the Departments of Homeland Security and Health and Human Services jointly published a final rule paving the way for the termination of the Flores Settlement Agreement (FSA). The proposed rule, which waives the current 20-day limit on detention of families with children would have taken effect 60 days after its announcement, on October 22, 2019.

When the departments announced the rule on August 21, DHS noted that: “The FSA always contained provisions for its implementation in regulations and its termination – originally, it was to remain in effect no more than five years; and then, in 2001, the parties agreed it would terminate after a final rulemaking. Beginning in 2005, prior administrations repeatedly announced plans for a rule. No prior administration, however, issued a final rule. With this achievement now complete, the FSA will terminate by its own terms (…).”

July 

U.S. Signs Asylum Agreement with Guatemala

On July 26, the Trump Administration announced a safe third country agreement with the Central American nation of Guatemala. The deal would have required migrants passing through Guatemala on their way to the United States to apply for asylum in the first safe country they enter. The Guatemalans agreed to a deal after President Trump threatened to levy tariffs on the country. In exchange for the agreement, the U.S. offered to increase access to the H-2A farmworker program for Guatemalan citizens. 

May 

President Signs Memo Enforcing the Legal Responsibilities of Immigrant Sponsors

On May 23, President Trump signed a memorandum that would have finally enforced a legal provision requiring sponsors of legal immigrants to reimburse the government for certain social services the immigrant uses in the United States. The provision was part of a welfare reform package signed into law in 1996 by then-President Bill Clinton, but which had not been consistently enforced. Under the provision, and President Trump’s memorandum, future immigrant sponsors would be required to sign an affidavit ensuring financial responsibility for the sponsored immigrant. 

April

Trump Signs Memo to End Asylum Abuse

On April 29, President Trump issued a presidential memorandum directing his administration to curb the ongoing asylum abuse occurring at our borders. In the memorandum, the President directed his administration to propose various regulations, including to adjudicate asylum claims within 180 days and to bar those who attempted to enter, or entered, the country illegally from work permits while claims are pending.

Attorney General Barr Cracks Down on Catch-and-Release

On April 16, Attorney General William Barr directed immigration judges to detain asylum-seekers until their removal proceedings have concluded. 

February

President Trump Declares National Emergency

On February 15, President Trump declared a state of emergency at the southern border, utilizing his executive powers to redirect monies toward construction of a border wall. According to the White House, up to $8 billion would have become available to build the border wall including: $600 million from the Treasury Department’s drug forfeiture fund, $1.375 billion from a Homeland Security appropriations bill, up to $2.5 billion from Department of Defense’s drug interdiction program, and up to $3.6 billion reallocated from the Department of Defense’s military construction account. 

January

DHS Announces Final Rule for a More Merit-Based, Effective, and Efficient H-1B Visa Program

On January 31, the Department of Homeland Security published a final rule relating to registration requirements for petitioners seeking to file H-1B petitions on behalf of cap-subject aliens. The rule would have changed the process used to count H-1B registrations under the regular cap and the advanced degree exemption, likely increasing the number of advanced degree recipients that move forward in that process.

 

2018

December

DHS Announces Remain in Mexico Program

On December 20, the Department of Homeland Security announced the implementation of Migrant Protection Protocols (MPP) to combat the exploitation of our asylum system. Using authority under Section 235(b)(2)(C) of the Immigration and Nationality Act (INA). Under MPP, individuals illegally arriving in or entering the United States from Mexico can be returned to Mexico until their claims are adjudicated. 

November

President Trump Signs Proclamation to Address Deficiencies in the Asylum Process

On November 9, President Trump signed a presidential proclamation to make important alterations to the asylum process by attempting to reduce the flood of migrants who enter the United States illegally. Under the proclamation, illegal aliens wishing to file an asylum claim were required to present themselves at ports of entry, rather than illegally crossing between ports. FAIR President Dan Stein hailed the proclamation as a “necessary first step” in protecting the integrity of our asylum laws.

October

President Deploys 5,200 Troops to the U.S.-Mexico Border

In late October, President Trump deployed 5,200 troops to the U.S.-Mexico border in an attempt to secure it. The move helped to protect against caravans and illegal border crossers while Congress failed to fund the border wall.

September

Administration Releases New Rule on Public Charge Exclusions

On September 22, the Department of Homeland Security put forward a proposed rule on public charge exclusions— reiterating the common-sense notion that no immigrant should become a burden to the United States. Immigrants are supposed to be a benefit, not a hardship, to the United States. Additionally, welfare programs are meant to serve the most vulnerable of Americans as stopgap measures to assist them during their times of need. 

Trump Administration Lowers FY 2019 Refugee Cap to 30,000

Secretary of State Mike Pompeo announced that the United States would set the refugee cap for FY 2019 at 30,000. This is a significant reduction from 45,000 in FY 2018 and President Obama’s cap for FY 2017 (110,000).

August

Justice Department Touts New Immigration Judges, Quicker Hiring 

In its largest class since 2010, the Executive Office for Immigration Review (EOIR) announced that it had added 23 new immigration judges and that hiring time was cut by more than 50 percent.

June

Supreme Court Rules in Favor of Trump Administration on Travel Ban 

On June 26, by a 5-4 vote, the Supreme Court upheld the Trump Administration’s 90-day ban on travel from certain countries that posed national security risks. As FAIR has consistently noted, Congress has delegated to the president clear, unambiguous authority to suspend entry to any alien or class of aliens deemed detrimental to the interests of the United States. 

May

Trump Administration Terminates TPS for Honduras 

On May 4, the Department of Homeland Security announced the termination of Temporary Protected Status (TPS) for Honduras. Winding down TPS for Hondurans followed similar steps in months prior to end “temporary” protections for other nations that, in some cases, have stretched out for two decades. In doing so, the administration aimed to restore public confidence that the TPS program can function as intended – namely, providing short-term relief to people whose nations have been disrupted by a natural disaster or a political crisis.

April

Justice Department Announces “Zero Tolerance Policy” for Illegal Entry

On April 6, Attorney General Jeff Sessions, announced the implementation of a new “zero-tolerance policy” for illegal entry. In remarks, Sessions said: “If you cross this border unlawfully, then we will prosecute you. It’s that simple. If you smuggle illegal aliens across our border, then we will prosecute you. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. If you make false statements to an immigration officer or file a fraudulent asylum claim, that’s a felony. If you help others to do so, that’s a felony, too.  You’re going to jail. So if you’re going to come to this country, come here legally. Don’t come here illegally.”

President Trump Deploys National Guard Troops to Southern Border

On April 4, President Trump directed the Departments of Defense and Homeland Security to work together to deploy the National Guard to the southern border. The National Guarded served in supportive roles, giving Border Patrol agents time for substantive activities including the apprehension and detention of illegal aliens. 

Justice Department Imposes Quotas on Immigration Judges

The Department of Justice introduced case quotas for immigration judges to reduce the enormous immigration court backlog. The country’s overloaded immigration court system allows people who should be swiftly deported to stay in the country for years waiting for a court date. In many cases, illegal aliens don’t even bother to show up in court, electing to disappear into the country to live and work in the shadows.  The quotas would have required judges to complete at least 700 cases per year.

March

Trump Administration Announces Citizenship Question on 2020 Census

On March 26,  the Department of Commerce announced that it would include a question on the 2020 Census asking whether respondents are U.S. citizens. According to the department, the addition of a citizenship question would have helped to enforce the Voting Rights Act (VRA). 

January

Trump Administration Ends TPS for El Salvador

On January 8, DHS Secretary Kirstjen Nielsen announced the termination of Temporary Protected Status (TPS) for El Salvador. The termination would have impacted roughly 260,000 Salvadorans who have enjoyed protections since a series of devastating earthquakes ravaged their country nearly 20 years ago. This determination was long overdue and welcome, sending the strongest signal yet that rampant abuse of the TPS program will not be accepted by the Trump Administration.

 

2017

November

Trump Administration Terminates Temporary Protected Status for Haiti 

On November 20, the Department of Homeland Security announced that conditions in Haiti no longer warranted continuation of Temporary Protected Status (TPS). Despite acting DHS Secretary Elaine Duke’s determination “that those extraordinary but temporary conditions caused by the 2010 earthquake no longer exist,” the department extended Haitian TPS beneficiaries an 18-month grace period to allow for “an orderly transition” to their homeland.

September

President Trump Sets FY 2018 Refugee Cap to Responsible 45,000

On September 27, the Trump Administration informed Congress that it would limit the number of refugees entering the United States to 45,000 for the next fiscal year. The new cap returned the refugee resettlement rate back to traditional levels. Previously, President Obama had increased the annual cap for FY 2017 by more than double from FY 2015, to an 110,000 refugees per year, before leaving office.

President Trump Issues Presidential Proclamation Enhancing Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats

On September 24, President Trump issued a proclamation to enhance vetting capabilities and processes for the detection of terrorists and public safety threats attempting to enter the United States. The proclamation implemented limits on entry into the U.S. for nationals from eight countries — Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

Trump Administration Announces Plans to End DACA

On September 5, the Trump Administration announced plans to phase out Deferred Action for Childhood Arrivals (DACA) amnesty program, unlawfully created by President Obama in 2012.

June

Trump Administration Withdraws DAPA Amnesty

On June 15, DHS Secretary John Kelly signed a memorandum rescinding the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, which granted deportation relief and work authorization to the illegal alien parents of U.S. citizen or green card holder children.

April

President Trump Signs Buy American and Hire American Executive Order

On April 18, President Trump signed Executive Order 13788, titled “Buy American and Hire American,” which directed a review of guestworker programs to implement changes that favor American workers over foreign labor. The executive order also sought to reform how H-1B visas are awarded, calling on federal agencies to suggest changes to the programs to ensure jobs go to the most-skilled or highest-paid applicants. 

March

President Trump Signs Executive Order Ensuring Proper Vetting of Foreign Nationals Before They Enter the United States

On March 6, President Trump issued Executive Order 13780, titled “Protecting the Nation from Foreign Terrorist Entry into the United States,” which ensured that foreign nationals were properly vetted before they gain entry to the country. The executive order revised and replaced the similar order the President signed in January 2017 imposing a temporary freeze on entry by individuals from countries that are hotbeds for terrorism.

January

President Trump Signs Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States

On January 27, President Trump signed Executive Order 13769, which imposed a temporary ban on entry by individuals from countries that are hotbeds for terrorism. Specifically, this temporary ban applied to the following countries: Iraq, Iran, Syria, Libya, Somalia, Yemen, and Sudan. Due to various court rulings, this Executive Order was eventually superseded by Executive Order 13780.

President Trump Signs Executive Order Withholding Funds From Sanctuary Jurisdictions

On January 25, President Trump signed Executive Order 13768, which stated that sanctuary jurisdictions who refused to comply with federal immigration enforcement would not be eligible to receive federal grants, except as necessary for law enforcement purposes.

President Trump Signs Executive Order Authorizing Construction of Border Wall on the Southern Border

On January 25, President Trump signed Executive Order 13767, which directed the immediate construction of a border wall on America’s southern border. The executive order used the power vested in the President to “deploy all lawful means to secure the Nation’s southern border, prevent further illegal immigration into the United States, and repatriate illegal aliens swiftly, consistently and humanely.”

President Trump Withdraws the United States from the Trans-Pacific Partnership (TPP)

On January 23, the Trump Administration announced that the United States would withdraw from the Trans-Pacific Partnership (TPP). The TPP was a trade agreement negotiated by former President Obama. Long opposed by FAIR, a key feature of the trade agreement was a “temporary entry” guest worker program that would have increased immigration without a say from Congress (which has plenary authority over immigration) or the American people.