Immigration Insight

Immigration in 2025: Trump’s Promises vs. Legal Reality

December 18, 2024
  • Spanish news

As Donald Trump prepares to begin a second term in the White House in 2025, the future of immigration policy in the United States could be shaped by sweeping reforms and controversial legal strategies. Central to his agenda are plans to deport 11 million undocumented immigrants, end birthright citizenship, revoke citizenship from naturalized individuals, and dismantle the Deferred Action for Childhood Arrivals (DACA) program. Below, we examine these proposals, their feasibility, and their potential impacts.

Can Trump Deport 11 Million Undocumented Immigrants?

Trump has pledged to carry out the largest mass deportation in U.S. history, targeting approximately 11 million undocumented immigrants. His plan includes declaring a national emergency, using the military for logistical support, and significantly expanding detention centers. However, this initiative faces serious obstacles:

  • Immigration Court Backlog: With over 3.7 million pending immigration cases, the system is already overburdened. Adding millions more could extend case processing times by up to 16 years.
  • Costs: Experts estimate mass deportations would cost taxpayers between $150 billion and $350 billion, covering expenses like hiring additional judges, constructing detention facilities, and funding enforcement operations.
  • Legal Challenges: Trump has signaled he may invoke the Alien Enemies Act of 1798, a rarely used statute designed for wartime powers. Its applicability to immigration enforcement is untested, and its use would likely trigger constitutional challenges.
  • Diplomatic Issues: Some countries have historically refused to accept deportees, complicating repatriation efforts.

Targeted groups could include undocumented individuals with criminal records, beneficiaries of Temporary Protected Status (TPS), and DACA recipients. The broad scope of this plan risks destabilizing immigrant communities, disrupting family units, and impacting sectors reliant on immigrant labor.

What the Law Says:

  • Legal Powers: The president can direct federal agencies to enforce immigration laws more aggressively. Through existing statutory powers, the Department of Homeland Security (DHS) could prioritize deportations, but scaling enforcement to this level would face logistical and legal hurdles.
  • Limits: Deportations require due process under the U.S. Constitution, meaning each individual slated for removal must have their case adjudicated in immigration courts. The existing backlog of over 3.7 million cases would make immediate mass deportation virtually impossible.
  • Alien Enemies Act of 1798: Trump has suggested invoking this 18th-century law to expedite removals. However, its use has been limited to wartime applications and would likely be challenged in court as unconstitutional for use in peacetime immigration enforcement.

 

Can Birthright Citizenship Be Eliminated?

Ending birthright citizenship, enshrined in the 14th Amendment, would represent a seismic shift in U.S. immigration policy. Trump has proposed issuing an executive order to reinterpret the Citizenship Clause, which grants citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status.

If implemented, this measure would:

  • Deny essential documents like Social Security cards and passports to children of undocumented immigrants.
  • Affect nearly 4 million children living with at least one undocumented parent, leaving them in legal limbo.
  • Face swift legal challenges, as constitutional scholars argue that birthright citizenship is unequivocally protected under the 14th Amendment.

This proposal raises questions about the scope of executive power and whether it can unilaterally override constitutional guarantees. If pursued, it would likely polarize public opinion and further complicate the national immigration debate.

What the Law Says:

  • Legal Powers: The president can issue executive orders directing federal agencies to limit certain benefits. However, these actions would not alter the constitutional guarantee of birthright citizenship.
  • Limits: The 14th Amendment explicitly guarantees citizenship to all individuals born in the U.S., and any attempt to reinterpret or override this would face immediate and significant legal challenges. Only a constitutional amendment, requiring two-thirds approval in Congress and ratification by three-fourths of the states, could eliminate birthright citizenship. With a divided Congress, it would be nearly impossible to ratify another amendment to the Constitution. The last time a new amendment was added to the Constitution was more than 30 years ago in 1992.

 

Taking Away Citizenship from Naturalized Citizens

Trump’s team has proposed expanding denaturalization efforts, targeting naturalized citizens for errors or omissions in their applications. These efforts could include:

  • Administrative Errors: Reviewing past applications for technical mistakes or incomplete disclosures.
  • Fraud Allegations: Revoking citizenship from individuals accused of misrepresentation during their naturalization process.
  • Criminal Histories: Stripping citizenship from those found guilty of undisclosed felonies that occurred prior to naturalization.

Denaturalization could set a troubling precedent, creating uncertainty for millions of naturalized citizens and undermining the permanence of citizenship. Civil rights advocates warn this policy could disproportionately target minority communities and erode trust in the naturalization process.

What the Law Says:

  • Legal Powers: The government has the authority to denaturalize citizens if they are found to have obtained citizenship through fraud, misrepresentation, or concealment of material facts. This process must be initiated through civil or criminal court proceedings and requires substantial evidence.
  • Limits: Denaturalization cannot be applied retroactively to change the legal status of individuals who met the requirements at the time of naturalization. Minor administrative errors or changes in immigration standards cannot be grounds for revoking citizenship unless fraud or misrepresentation is proven. Moreover, the Constitution prohibits arbitrary or discriminatory application of denaturalization laws.

 

Removing DACA Protections

Trump has reiterated his intent to terminate DACA, a program protecting approximately 700,000 individuals—known as Dreamers—who were brought to the U.S. as children. Despite prior legal challenges that blocked similar efforts, the administration could attempt to dismantle the program through regulatory changes or legal appeals. (Recently he’s said he would work to expand protections for DACA recipients, but the truth is that we don’t know what would happen yet).

Ending DACA would:

  • Strip protections from Dreamers, exposing them to deportation.
  • Disrupt the lives of thousands of young people integrated into U.S. communities, schools, and workplaces.
  • Negatively affect the economy, as many Dreamers are employed in essential industries or pursuing higher education.

Immigration advocates are preparing to challenge these efforts in court, emphasizing the program’s importance to individuals and communities alike.

What the Law Says:

  • Legal Powers: As an executive action implemented by President Obama, DACA can be rescinded by a sitting president through an executive order. Trump attempted this during his first term, but the Supreme Court blocked the effort, citing procedural issues.
  • Limits: Even if DACA were terminated, individuals would retain certain constitutional protections, such as the right to due process. Additionally, Congress has the power to pass legislation to provide permanent protections or a pathway to citizenship for Dreamers, which could override executive actions. However, this is unlikely under a Trump administration and would be difficult without a supermajority by a supportive party in Congress.

 

What’s Next for Immigrant Communities?

Trump’s proposed policies are expected to face fierce resistance from legal advocates, sanctuary jurisdictions, and civil rights organizations. These groups are already working to strengthen protections for vulnerable populations, provide legal resources, and challenge the administration’s actions in court.

Immigrants are encouraged to consult with legal professionals, understand their rights, keep up to date on immigration news, and prepare for potential policy changes. With high stakes for millions of individuals and families, the battle over immigration policy in 2025 promises to be one of the defining issues of Trump’s second term.