Jan 22, 2025
The action on immigration has come swiftly from President Donald Trump’s new administration, with several executive orders and policy changes in the first 48 hours. Here’s a look at three of those changes, with context and analysis from Tammy Lin, adjunct professor at the University of San Diego School of Law and supervising attorney for the university’s immigration clinic. Relevant content: Immigration 6 hours ago Trump issues more immigration orders on third day in office, while enforcement details remain unclear Trump Administration Jan 21 How Trump's executive actions on immigration, border security may impact San Diego Troops sent to the U.S.-Mexico border One of Trump’s first executive orders signed Monday declared a national emergency at the southern border of the U.S., enabling the use of the military at the border, which is under the jurisdiction of the Department of Homeland Security. As part of that, on Wednesday, the Department of Defense said an additional 1,500 ground personnel, as well as helicopters and crews, and intelligence analysts will be sent to the border in the coming days. The military will also conduct deportation flights of more than 5,000 people detained at the two Customs and Border Protection sectors of San Diego and El Paso, Texas, the DoD said. “By doing a national emergency, it really allows this government, this administration, if they wanted to, to close the borders,” Lin said. “I don’t think they’ll do that for economic reasons, but, you know, they’ve used the word invasion.” Lin said part of the rationale for the declaration is to use the military’s resources, as DHS does not have adequate funding to carry out Trump’s promise of mass deportations. Immigration and Customs Enforcement has capacity to hold 41,500 detainees across its 106 facilities in the U.S., at a cost of $57,378 annually per bed. Border Czar Tom Homan has put the cost of a mass deportation effort at $86 billion as a starting point, while the American Immigration Council placed the price tag at roughly $315 billion. Funding is appropriated by lawmakers. “Congress is in charge of the purse strings, the House specifically, so they would have to allocate money for that,” Lin said. “And then the question is, where is this money coming from? I think that what we’re seeing with some of the executive orders, especially the one about the armed forces and, you know, declaring that there’s an emergency at the border is trying to take some of that funding away from the military that’s already been allocated.” Expedited removal expanded across the country DHS issued a directive on Tuesday expanding the expedited removal process, which allows deportations to happen more quickly for anyone who’s undocumented and cannot prove they’ve been in the U.S. more than two years. Previously, when ICE or CBP detained a person, they had a right to have their case heard by an immigration judge before removal proceedings would begin. But within 100 miles of the border and within 14 days of their arrival in the U.S., DHS could put people into expedited removal without going before a judge, who would determine eligibility to remain in the U.S. Under the new directive, expedited removal can be used on anyone detained across the country – not just near the border. Lin said this expansion raises concerns over the right to due process guaranteed by the U.S. Constitution and could result in people who are eligible for legal status being deported, despite having cases winding their way through the backlogged immigration system. “You don’t get to talk to a judge. You don’t get to state your claim of what’s going on,” Lin said. “People that have pending applications trying to fix their status, you know, U.S. citizens, spouses and children, and things like that, could be swept up as well.” “I think the other thing we need to realize is that some people get swept up and are put in deportation proceedings, and they’re actually U.S. citizens. They maybe never even knew that they were. Our laws are very complex,” she continued. “There are issues that make it really hard for you to prove that you’re a U.S. citizen sometimes.” Lin said in Trump’s first term, she advised clients to carry documentation on them at all times showing they’ve been in the U.S. more than two years. “I am a U.S. citizen. I was born and raised in Texas, but I carry my passport card with me,” she said. Immigration raids allowed at churches, schools, hospitals DHS on Tuesday also issued a directive to rescind guidelines that previously prohibited ICE from conducting immigration enforcement at so-called “sensitive” areas: churches, schools and hospitals. Lifting those guidelines means raids can happen at those locations. “The fear is what these executive orders is trying to play on, and we’re going to see that maybe with less people feeling like they can just go about their daily business,” Lin said. “Being fearful of having their kids go to school for awhile for fear that when they go pick them up, maybe there will be ICE officers there, and they get swept up when asked about whether or not they have legal status.” Administration officials have repeatedly said their focus in deportations will be individuals with criminal convictions. But in an appearance on CNN Tuesday, Homan said there will be “collateral arrests” in jurisdictions that don’t cooperate with ICE. “I think that the biggest change really is the fact that in prior administrations, it doesn’t matter which party it was, they always had priorities of who they were going to go after because there’s limited resources, there’s limited manpower, money, everything like that,” Lin said. “And under the Trump administration, he did it the first time around, they pretty much have thrown away these priorities.” She pointed to a need for Congress to reform antiquated laws. “The last major overhaul of immigration was the act in 1996,” Lin said. “That would be like using Windows 97 right now. It doesn’t work. Our system, everyone keeps saying it’s broken. It needs to be updated. The visa requirements, the green card allocation numbers, the quotas, all that stuff.” DHS did not respond to a request for specifics on any of these three policy changes.
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