The Evolution of Trump’s Immigration Policies: Impact and Controversies

When Donald Trump launched his presidential campaign in 2015, immigration was at its center. Trump promised his supporters he would fix America’s broken immigration system, by building a border wall, restricting immigration from Muslim-majority countries, and deporting undocumented immigrants.

While his campaign promises resonated with many American voters, they sparked fierce controversy. During his first term in office, from 2017 to 2021, Trump’s immigration policies evolved in response to domestic and international pressures.

This article discusses the impact of those policies, and the controversies surrounding them.

Background: Immigration Policies Before Trump

U.S. immigration policies before Trump’s presidency were much less restrictive than they are today, and provided more pathways to permanent residency for vulnerable groups of people. 

For example, President Obama’s administration took significant steps to provide legal protections for undocumented immigrants who were brought to the United States as children (called “Dreamers”). This led to the establishment of the DACA program (Deferred Action for Childhood Arrivals), a policy that provided relief from deportation and temporary employment authorization for Dreamers. 

Obama also prioritized prosecuting serious criminal offenders over low-level immigration violations, leading to reduced deportations for those with no criminal record.

Public opinion on the government’s immigration approach was mixed. Some Americans supported more open immigration policies. But many others blamed immigrants for economic pressures and potential security risks, calling for stricter control of the Southern border.

Early Rhetoric and Promises on Immigration (2016 Campaign)

Trump’s presidential campaign cashed in on the growing anti-immigrant sentiments by promising stricter immigration policies. The President elect became an instant hit among those who felt the United States had been too lenient on immigration (especially illegal immigration).

Trump’s early rhetoric was inflammatory. He famously said that he would build a “great wall” along the southern (US-Mexican) border as a way to curb illegal immigration.

Other proposals by Trump included:

• Ending sanctuary cities. These localities adopt policies to protect undocumented immigrants from deportation or detention by federal immigration authorities. Trump pledged to end them and even punish any jurisdiction that refuses to cooperate with federal immigration enforcement.
• Ending birthright citizenship. The 14th Amendment confers citizenship to anyone born in the United States. Due to this, many expectant mothers from different countries travel to the U.S. to give birth. Trump promised to amend this law and end birth-right citizenship. 
• Implementing a Muslim ban. Trump passed an executive order temporarily blocking people from predominantly Muslim countries from entering the U.S.

Trump’s harsh language about illegal immigrants (especially people from Latin American and Muslim-majority countries) resonated with many Americans who felt that the U.S. immigration system was not serving the American people. 

But there was also serious backlash, particularly from immigrant rights groups, activists, and many Democrats. These groups called out Trump’s statements for being xenophobic and racist.

Key Immigration Policies Implemented Under Trump

True to his campaign promises, Trump’s presidency overhauled many immigration policies that provided protections for immigrants, many of which were highly controversial domestically and internationally. 

These included: 

The Muslim Travel ban

Trump’s proposed Muslim travel ban came about in January 2017, after signing an executive order temporarily banning the entry to the U.S. of nationals from seven predominantly Muslim countries (namely, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen).

The travel ban became one of the most controversial executive orders of the Trump presidency, as critics argued that it discriminated against immigrants based on their country of nationality. U.S. courts blocked the initial version of the travel ban, but the U.S. Supreme Court upheld a revised version in 2018.

Family Separation and “Zero-Tolerance” Policy

In April 2018, President Trump implemented the “Zero-Tolerance” policy as a way to crack down on illegal immigration. This policy mandated the criminal prosecution of adults crossing the border illegally. Complications arose when a large number of minor children accompanied their parents during these illegal border crossings. 

Under the law, children cannot be held in criminal detention with their parents while they await criminal prosecution. As a result, children were transferred to separate facilities for unaccompanied minors, causing their separation from their parents. 

This family separation sparked nationwide condemnation of the Zero Tolerance policy, with critics calling it inhumane. President Trump bowed to the pressure and reversed the policy, but the damage was already done. 

DACA and Dreamers

In September 2017, Trump announced that he would end the DACA program, which offered relief from deportation to children brought to the U.S. illegally (Deferred Action for Childhood Arrivals). The decision was met with fierce opposition, and multiple lawsuits were filed against the administration.

The administration argued that DACA was unconstitutional, declaring that Obama had exceeded his authority by bypassing Congress and using an executive order to create the program. However, immigration advocates argued that ending DACA would be cruel to its beneficiaries, many of whom were young adults who built their lives in the U.S. and have known no other country. 

Several courts issued rulings temporarily blocking the Trump administration’s efforts to end DACA. In June 2020, the U.S. Supreme Court upheld these rulings, blocking the decision to end DACA on procedural grounds. 

Despite losing the DACA legal battle, the Trump administration continued to take steps to limit the program, such as reducing the length of DACA renewals and temporarily stopping new DACA applications.

Border Wall Funding and Construction

When Trump promised to build a great wall along the US-Mexico border, he said Mexico would pay for it. His administration soon came to the realization that these demands were unrealistic. Despite this, Trump fought to secure funding for its construction from Congress.

In the 2018 annual federal budget, Trump requested $5 billion for the wall. Democrats rejected the demand. This led to tense negotiations resulting in the longest government shutdown in U.S. history.

The wall was viewed as an expensive and inefficient solution to resolving the complex issue of illegal immigration. For this reason, Congress refused to allocate sufficient funds even after the government shutdown ended. Soon after, Trump declared a national emergency at the Southern border in an attempt to secure funding without Congress’s approval. The emergency declaration allowed Trump to successfully divert funds from military and disaster relief projects toward the construction of the wall.

The declaration was immediately challenged in court, where a federal judge blocked Trump from using military funds to build the wall. But the legal showdown was not over. In 2020, the Supreme Court lifted the injunction, allowing Trump to use the funds. By the end of Trump’s term, $15 billion had been spent on the project. Nevertheless, progress on the wall construction was slower than anticipated.

Public Charge Rule

Established by Congress in the 1800s, the “public charge” rule states that individuals seeking to immigrate to the U.S. or adjust their status to lawful permanent residency, can be denied if they are deemed likely to become a “public charge.” This is defined as someone who will depend on government assistance for their basic needs. 

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s new rule, the use of public benefits (like food stamps, Medicaid, and housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants to obtain a green card.

The Trump administration packaged the policy change as a way to ensure immigrants would not become a burden on the U.S. government. Opponents argued that the rule disproportionately affected low-income immigrants, because it penalized low-income individuals from using government assistance programs. 

Courts blocked the rule from going into effect in many states. The Supreme Court weighed in on the matter in January 2020 and allowed it to go into effect. But its implementation was hotly contested until Trump left office.

Controversies and Public Response

President Trump’s strict immigration policies were met with intense public opposition, including legal battles and widespread protests.

Media and Public Reactions

Media coverage of Trump’s immigration policies was largely split along partisan lines.

Conservative outlets supported the policies, saying the harsh actions were necessary for national security and the protection of American jobs. But liberal outlets focused on the humanitarian crises the policies created, especially family separations, discrimination against Muslims, and the harsh treatment of migrants at the southern border, including asylum seekers and refugees.

Many of the policies sparked public outcry across the United States, and a few (particularly the Zero-tolerance policy) even led to widespread protests.

Family separation was a major reason for protesting Trump’s Zero-tolerance immigration policy. In 2018, hundreds of thousands of people across the country participated in “Families Belong Together” rallies. Protesters demanded the reunification of families and an end to the policy. 

Similarly, a pro-immigrant movement known as “Close the Camps” arose in 2019 after the public became aware of appalling conditions in migrant detention facilities. Activists likened these detention facilities to “concentration camps.” Various groups staged protests at many detention centers, calling for their closure. As the situation worsened, some groups even engaged in civil disobedience blocking major highways.

Impact on U.S. Image Internationally

Trump’s immigration policies strained relationships with U.S. allies, including many European and Latin American countries. 

Its policies targeting refugees, asylum seekers, and migrants clashed with the values of U.S. allies, who have historically prioritized human rights and asylum protections.

For example, European allies viewed the travel ban as discriminatory and harmful to their diplomatic relationships with Muslim-majority countries. The international community saw Trump’s anti-refugee policies as a rejection of shared international norms on refugee protection. This undermined America’s reputation as a defender of freedom, democracy, and human rights. 

The separation of undocumented families further damaged America’s image globally. The Trump administration’s actions were condemned by the international community, including human rights organizations like Human Rights Watch and Amnesty International. 

Impact of Trump’s Immigration Policies

Trump’s immigration policies impacted not only immigrant communities but also the broader U.S. economy.

On Immigrant Communities

Trump’s policies created a climate of fear of deportation among immigrants (particularly those who were undocumented or had uncertain immigration status). Even those people with legal status feared being caught in the crossfire of enforcement actions.

Trump’s rhetoric increased the criminalization of immigrants, leading to more discrimination and hate crimes against immigrants.

The threat to end DACA and the lack of permanent legislative protection (even after the Supreme Court blocked the termination of DACA) left thousands of young immigrants in limbo, with no clear path to permanent status or citizenship.

Trump’s public charge rule even restricted low-income immigrants from using public services like community health centers and public education systems. They feared being considered a “public charge” and denied a green card, if they used these essential services.

On the Economy

Certain industries like agriculture, construction, and tech, rely heavily on immigrant labor. With Trump’s policies severely restricting immigration, these industries faced labor shortages.

On the Immigration System

Trump’s policies changed the U.S. immigration system. Before Trump took office, policies were relatively lenient (emphasizing family unification, asylum protection, and refugee resettlement). During the Trump administration, he prioritized enforcement, border control, and limiting legal immigration pathways.

As a result, the system became more cumbersome (particularly for those seeking asylum or family reunification). Visa backlogs grew significantly at U.S. Consulates and Embassies worldwide during the Coronavirus pandemic, which have not recovered since. 

Legacy and Lasting Effects

The immigration policies of Donald Trump continued to shape U.S. politics and policy debate even after he left office. 

Impact on the Biden Administration’s Immigration Policies

In 2021, President Biden took office focusing his attention on reversing many of Trump’s immigration policies (such as halting the construction of the border wall and restoring DACA protections).

However, reversing these policies has been complicated by legal challenges and political opposition from conservative states. As a result, while significant strides have been made, some Trump immigration policies remain in place.

• Border wall. One of Biden’s first actions after entering office was to halt the construction of the border wall because of its high costs and ineffectiveness. The administration emphasized that alternative measures like technology and surveillance would better address border security. However, significant portions of the wall were built during the Biden administration under existing contracts.
• Zero-tolerance policy. This controversial Donald Trump immigration policy that separated families was ended by the Biden administration. Biden’s policy was to prosecute individuals who pose a security threat instead of criminally charging those crossing the border illegally. Biden also created a task force to reunite separated families. 
• Remain in Mexico. Biden sought to end the Trump policy on immigration that required asylum seekers to wait in Mexico while their claims were processed. He suspended the policy in February 2021, but the Supreme Court ruled that it be reinstated. As a result, a modified version (which included better conditions for migrants while they wait) was restarted in late 2021.
• DACA. Biden reinstated the DACA program, although by court order only those who previously had DACA can renew their status. He has even supported legislation to provide a pathway to citizenship for DACA recipients, but this move has faced serious opposition by Republicans in Congress.

Changes in NAFTA-related Visas and Cross-Border Employment

One of Trump’s campaign promises was to renegotiate the North American Free Trade Agreement (NAFTA), which gave birth to the TN visa. He promised Americans a better trade deal, and this was delivered in July 2020 when the USMCA (the United States-Mexico-Canada Agreement) was created to replace NAFTA.

Also Read: NAFTA vs the USMCA: Your Guide to Understanding the New Trade Rules.

Biden’s administration did not change the USMCA. The framework established during Trump’s tenure continues to shape trade and labor mobility between the U.S. and its trading partners. 

The TN visa remains one of the easiest employment-based visas for Canadian and Mexican professionals to live and work in the U.S. Contact TN Visa Expert for help obtaining or renewing a TN Visa.

Ongoing Debates on Immigration and Trade Policy

Trump has consistently cited national security and protecting economic interests, as reasons for his strict immigration policies. Others argue they are inhumane.

This has sparked debates about balancing national security and economic interests with humanitarian values. These discussions will continue to influence U.S. immigration policy, even as Trump prepares for a second term as president.

Conclusion

Trump’s immigration policies shifted their focus from inclusion to enforcement, leading to several legal, social, and humanitarian issues. The future of U.S. immigration remains uncertain, but Trump’s hardline stance will continue to shape policies going forward.

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