Will Mass Deportation Happen Under Trump in 2025?

With Donald Trump’s recent Presidential victory, many undocumented immigrants and their families are understandably apprehensive and bracing for significant changes in immigration policy–and with good cause. Trump’s proposed mass deportation plan, set to take effect upon his return to office in January 2025, includes very aggressive measures that could reshape immigration enforcement in unprecedented ways. Here’s an overview of what might be coming down the road in the next few months, especially in the wake of Trump’s announcement of his intention to appoint former head of Immigration and Customs Enforcement (“ICE”) Tom Homan as the next “border czar” to help implement and carry out his campaign promise of mass deportations.

Key Components of Trump’s Proposed Immigration Plan for Mass Deportation and What Immigrants Should Expect

1. Using the Alien Enemies Act for Expedited Deportations

Trump’s administration intends to resurrect the Alien Enemies Act, a statute from 1798 that allows the detention and deportation of immigrants from nations with which the U.S. is in conflict or perceives a threat. By using this act, the Trump administration could expedite the deportation process and strip away many established legal safeguards for detained immigrants. This unprecedented approach may challenge due process rights and will likely lead to massive litigation.

What This Means for Immigrants: Non-citizens from specific countries may face increased scrutiny and a faster path to deportation. Immigrants should be prepared by consulting legal experts to understand their rights and options.

2. Deploying Military Resources for Immigration Enforcement

The plan outlines the deployment of U.S. military resources to support immigration enforcement, including building additional detention centers. This mobilization could lead to a greater presence of immigration agents in communities nationwide, increasing the frequency and scope of arrests and detentions. There may be an increased presence of immigration officials in criminal courts as well as increased cooperation between federal agencies and local law enforcement to look for and apprehend illegal immigrants and those who have fallen out of status. There may also be plans to authorize local law enforcement with power to enforce the immigration laws.

What This Means for Immigrants: Those at risk of detention should prepare contingency plans and seek legal guidance on what legal options are available in the event of detention, including making motions for bond and/or parole. Individuals should also know who to contact first in the event of apprehension, as well as make plans for the care of minors.

3. Establishing Large-Scale Detention Camps

The Trump administration has also indicated plans to create large scale detention camps specifically for immigrants facing deportation. Such facilities are expected to accommodate the high volume of detainees resulting from the proposed mass deportation program, and the private prison industry may play a significant role in building and managing these camps.

What This Means for Immigrants: Extended detention could become a common experience for those undocumented immigrants caught in the enforcement dragnet. Families and advocates should understand the detention process and potential release options available through legal channels. This includes understanding who is subject to mandatory detention, who is eligible for bond, and what factors an Immigration Judge or ICE officer will look at determine whether someone qualifies for release from custody.

4. Intensifying Workplace Raids

Workplace enforcement is expected to ramp up, targeting unauthorized employment of individuals without legal status and focusing on industries that traditionally employ undocumented workers. This may include restaurants, car washes, as well as construction, landscaping, and service industries. This initiative could impact a broad swath of employers, potentially handicapping the economy and destroy thousands of businesses.

What This Means for Employers: Employers need to be prepared for more frequent and thorough workplace inspections by federal agencies. Consulting with legal counsel on employment verification procedures and staying compliant with I-9 regulations will be increasingly important and can help avoid penalties and legal repercussions.

5. Reinstating Travel Bans and Expanding Restrictions

The plan also includes a reinstitution and expansion of travel bans, particularly targeting individuals from countries with predominantly Muslim populations or those deemed “high-risk” or who pose national security threats. These restrictions could hinder the ability of individuals to enter or remain in the United States, particularly for family reunification or employment-based travel, purely on the basis of nationality.

What This Means for Immigrants, Employers, and Families: Immigrants from certain regions could face increased difficulty obtaining or renewing visas. Businesses that rely on talent from these regions should prepare for and make contingencies in the event that additional restrictions are imposed and be ready to investigate potential means of qualifying for exceptions.

6. Targeting Birthright Citizenship

Trump has stated his intention to challenge birthright citizenship, the principle that children born in the U.S. automatically gain citizenship, regardless of their parents’ status. This is a highly controversial and inflammatory issue that will likely face legal challenges. It should be noted, though, that as far as we know, there are no plans to retroactively strip US citizenship from those already born here. This is proposed as a measure going forward–assuming something as polarizing as this even passes Congress and survives the courts.

What This Means for Families: Families concerned about the potential impact of birthright citizenship changes should consult with counsel to understand how possible shifts in policy might affect them, their children, as well as possible petitions.

Preparing for the 2025 Mass Deportation Plan: Strategies for Those Without Legal Status

These proposed Trump administration policies could lead to profound shifts in the immigration landscape, affecting millions of people and potentially creating a wave of new legal challenges to mass deportation. Immigration law firms like ours are committed to supporting immigrants and employers during this time by:

• Providing Comprehensive Legal Counseling: We offer tailored guidance to individuals and families on their rights and options for inside the US legally.
• Assisting with Detention and Deportation Defense: If deportations ramp up, we are prepared to provide vigorous defense and support to individuals facing removal proceedings.
• Family-Based and Humanitarian Support: We will continue to assist families affected by new travel restrictions or birthright citizenship challenges, working to find alternative solutions wherever possible.

Notwithstanding all these proposed changes and media hysteria, it is important not to panic if you or someone you care about is out of status or has no status. Contrary to what you might hear, “mass deportation” the way the news characterizes it is far from the reality of what actually happens. In general, unless you already have a removal order, it is not so easy for the government to just come to your house, arrest you, and put you on the next flight to your native country. The legal process is actually quite complex and affords several protections to those facing removal from the United States. Here are a few concepts to keep in mind when you hear about mass deportations.

Understanding the Deportation Process

Due Process Rights

Under the U.S. Constitution, everyone in the country, regardless of his or her immigration status, has the right to substantive and procedural due process. This means that individuals cannot be just be deported without a fair hearing. Typically, this involves a court proceeding before an immigration judge who will hear the evidence against you and determine whether you can stay in the US.

Immigration Court Proceedings

When someone is placed in deportation ( now called “removal” proceedings), he or she receives a Notice to Appear (NTA) in immigration court. During these proceedings, individuals have the opportunity to admit or deny the allegations, and apply for any forms of relief that may be available to them to allow them to stay in the U.S.

Forms of Relief

There are various forms of relief available to individuals facing deportation. Some of the most common ones include but are certainly not limited to:

• Asylum: For those who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group.

• Cancellation of Removal: For individuals who have been in the U.S. for at least more than a decade, have good moral character, and can demonstrate that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident family member. There is also a form of cancellation of removal for lawful permanent residents who find themselves in immigration court.

• Adjustment of Status: Allows certain immigrants to apply for lawful permanent resident status if they meet specific eligibility requirements. This will normally occur when a petition filed either by a family member or employer is approved, the priority date is current, and the individual is otherwise eligible to apply.

Having a qualified immigration lawyer can significantly influence the outcome of deportation proceedings. Lawyers can help individuals understand their rights, determine which forms of relief they qualify for, and represent them in court.

Frequently Asked Questions

Q: What should I do if I receive a Notice to Appear (NTA) in immigration court?
A: Receiving an NTA can be overwhelming. Start by reaching out to an immigration attorney as soon as possible. At Lee and Garasia, LLC, we can explain your rights and options to you in detail in simple language that you will understand.

Q: Can I stay in the U.S. while my case is being decided?
A: In many cases, individuals may remain in the country while their case is pending. Court cases can take years to resolve considering how clogged the system is, especially if you are eligible for some sort of relief.

Conclusion

In this climate, it is imperative to have a balanced and realistic perspective. The rhetoric surrounding Trump’s mass deportation plan can indeed be very frightening. However, it should motivate those with status issues to explore their legal options with counsel rather than just panic. Our country was founded on the principle of Due Process and there are many defenses and legal ways to avoid deportation. If you or a loved one is concerned about these proposed changes, schedule a consultation with us now.