Immigration Reform: Perspectives for the Next Administration

As the United States approaches the 2025 inauguration, the coming years will profoundly shape the future of immigration policy and its associated landscape. The policies implemented during the first Trump administration (2016-2020) highlighted the highly polarized nature of immigration discourse in the U.S., establishing stark contrasts between approaches to border security, legal immigration pathways, refugee admissions, and the treatment of undocumented immigrants. The next administration will likely have a unique opportunity to either build upon, amend, or entirely reshape these policies, influencing the lives of millions and impacting the country’s demographic, economic, and social fabric.

Potential for Immigration Reform

One of the most pressing areas for the new administration in 2025 will be the potential for comprehensive immigration reform. For decades, immigration has remained a contentious issue, with various attempts at reform often stalling in Congress. A reform package could address several critical aspects, including pathways to citizenship for undocumented immigrants, changes to legal immigration avenues, and reconsideration of deportation practices.

Pathways to Citizenship

The incoming administration should prioritize creating pathways to citizenship for the estimated 11 million undocumented immigrants living in the U.S. The specifics of such a program should involve provisions like background checks, payment of a penalty or additional government fees, and the education of American History and Civics like the requirements of those seeking U.S. citizenship. The previous administration’s focus on enforcement often left this population vulnerable, engendering fear and uncertainty. According to a 2021 report from the Pew Research Center, the overwhelming majority of Americans support providing a way for undocumented immigrants to attain legal status. If the new administration proceeds with its assertions to deport millions this will be a likely complex and convoluted process.  The strict stance to deport all undocumented individuals could include a pool of individuals stripped of temporary protections such as temporary protected status, humanitarian parole, and deferred action.  While these individuals may have work authorization and possible pathways to citizenship.  Bureaucratic red tape, legal challenges, and potential termination of protections may end any hope of lawful permanent residency (“green card”) for these individuals. Hopefully, healthy conversations between congressional representatives can foster a plan to implement a pathway to citizenship where these individuals and the country can benefit from their contributions.

Dreamers and the status of DACA

The fate of individuals protected under the Deferred Action for Childhood Arrivals (DACA) program will also be pivotal. The returning administration already sought to end the program, but legal challenges pending in federal courts have left it on its last breath.  The end of this protection could see an increase in an already inundated immigration court system with millions of cases waiting to be heard by immigration judges. Adults with no status who have been productive members of society with families and approaching middle age could have their lives turned upside down due to being placed in deportation proceedings and sent back to a home country that they have not lived in since many of them were school-aged.   Some discussions seek to solidify protections for “Dreamers,” offering permanent residency or citizenship pathways. Advocates argue that Dreamers contribute significantly to the U.S. economy and culture, making a case for their inclusion in the long-term immigration strategy. The incoming administration could solidify protections for DACA holders with help from Congress to allow them a pathway to permanent residency and eventually citizenship.

Reassessment of Border Security

While immigration enforcement remains a contentious issue, the current administration significantly reduced the traffic coming through the U.S.-Mexico border with the strict implementation of policies such as the Circumvention of Lawful Pathways Final Rule.  In May 2023, the rule established that noncitizens who cross the southwest land border or adjacent coastal borders without authorization after traveling through another country, and without having (1) availed themselves of an existing lawful process, (2) presented at a port of entry at a pre-scheduled time using the CBP One app, or (3) been denied asylum in a third country through which they traveled, are presumed ineligible for asylum unless they meet certain limited exceptions.

It may be prudent to take a more balanced approach to border security, emphasizing both safety and humanitarian considerations. The strategies employed under the incoming Trump administration, characterized by physical barriers and aggressive deportation practices could lead to the separation of families at the border, sparking widespread condemnation and legal challenges.

Technology and Infrastructure Updates

In May 2024, a comprehensive bill addressing border security and overall immigration policies was rejected.  Instead of focusing heavily on physical barriers, the bill sought to use technology to enhance border security. Investments in surveillance technologies, such as drones and advanced sensors facilitate more efficient monitoring without the controversies associated with wall construction. Unfortunately, this comprehensive strategy was rejected.  The new administration should collaborate with neighboring countries to address underlying issues driving migration, signaling a pivot towards diplomatic engagement rather than solely deterrent measures.

Focus on Asylum Processes

One key area for reform is the asylum process, which has faced criticism for being slow and inefficient. Trump has demonstrated little interest in prioritizing this process to ensure that individuals fleeing violence and persecution can find refuge more swiftly. However, in addressing the factors contributing to the backlog in asylum applications, the government could restore faith in the system and demonstrate a commitment to protecting vulnerable populations.

Refugee Admissions and Humanitarian Efforts

The Trump administration significantly reduced refugee admissions, citing security concerns and prioritizing domestic interests. This marked a stark departure from historical norms, where the U.S. has often served as a refuge for those fleeing persecution and conflict since World War II.

Investment in Integration Programs

Moreover, the new administration should invest in community integration programs that assist refugees in acclimating to their new environment. Programs that provide language training, job placement services, and cultural orientation can significantly aid in the resettlement process, fostering positive relationships between immigrants and local communities.

Addressing Systemic Challenges in Immigration Policy

The next administration will inherit a complex array of systemic challenges built over decades of inconsistent immigration policy. Tackling these challenges requires thoughtful engagement with various stakeholders, including advocacy groups, immigrants, legal experts, and local communities.

Judicial and Legislative Reforms

Reforming the immigration judicial system should be a priority. Unlike the federal courts, the immigration courts are under the executive branch’s Department of Justice. With millions of cases backlogged, the immigration courts face significant strain. The potential of additional cases being added to that backlog could run contrary to the overall goal of the incoming administration. Due process permits any individual in these proceedings to seek legal counsel and present their claim in court. A removal case could take on average five years or more from initiation to decision.  Perhaps the focus should be on more immigration judges and providing additional resources to streamline case processing, thereby reducing wait times for immigrants. This could only happen with the blessing from Congress.

Legislatively, the next administration may also explore new legislative avenues for reform. Engaging both parties in conversations about pragmatic solutions could foster a bipartisan approach to immigration—an effort that has eluded previous administrations. The emphasis would be on crafting legislation that combines security, economic, and humanitarian concerns.

Community-Based Support Systems

Community-based organizations have proven crucial in providing support and resources to immigrants. A future administration could expand grants and funding opportunities to local organizations that assist newcomers in navigating complex systems, securing employment, and integrating into society. By connecting immigrants with communities, a two-way relationship fostering trust and understanding can be developed.

Considering Economic Impacts

Economically, immigration plays a vital role in U.S. growth and workforce sustainability. The next administration must acknowledge the economic contributions made by immigrants, who fill crucial roles in various sectors, including healthcare, agriculture, and technology.

Workforce Needs and Skills Matching

As the U.S. economy evolves, it's essential to adjust immigration policies to meet labor market needs. The next administration may consider creating flexible visa categories that allow temporary workers to fill labor shortages in critical industries. Matching workers’ skills with market demands could become a central tenet of reform, benefiting both the economy and immigrants seeking employment.  Moreover, increasing the numerical quotas per fiscal year could assist employers’ needs.

Investment in STEM and High-Skilled Workers

Encouraging high-skilled immigration, particularly in science, technology, engineering, and mathematics (STEM) fields, represents another focal point. The U.S. benefits significantly from the contributions of international talent in these areas. The forthcoming administration can explore pathways that facilitate the acquisition of employment-based visas for skilled workers, fostering innovation and maintaining the country’s competitive edge in a global economy.

Conclusion: A Path Forward

As the presidential inauguration approaches, the way forward for immigration policy will depend heavily on the values and priorities of the incoming administration. The next president will have an opportunity to rectify the consequences of previous policies while addressing the longstanding complexities of the U.S. immigration system. 

Key to this endeavor will be the balance between security, economic prosperity, and humanitarian obligations. By considering a comprehensive approach that involves collaboration with stakeholders, fostering community support, and addressing systemic challenges, a new administration could lay the groundwork for an immigration policy that reflects the country's core values—compassion, diversity, and opportunity.

Note: This article is intended to provide a general overview of the topic of immigration in the United States. It is not intended to be a comprehensive analysis of all aspects of immigration policy and its impact on society.