As the 2025 presidential transition approaches, immigration law practitioners are preparing for significant policy shifts under the next Trump administration. These are the expected changes, which highlight challenges and critical steps for those navigating family-based immigration.
Key Policy Changes to Expect
- Rescission of Biden Policies: Many immigration policies implemented during the Biden administration are expected to be rolled back immediately.
- Cancellation of TPS: Temporary Protected Status (TPS) programs may face widespread cancellations.
- Increased Scrutiny for Adjustment of Status (AOS):
- Expect more interviews for marriage and parent/child cases.
- Heightened discretionary reviews for adjustment applications, particularly those involving overstays.
- More I-751 petitions (removal of conditions on residency) will require interviews.
- Public Charge Rule Reinstatement:
- The Trump-era Public Charge Rule is likely to return, deeming those who used public benefits inadmissible.
- I-864 sponsor eligibility will face stricter scrutiny, particularly for sponsors who have used public assistance.
- Tighter Restrictions on Humanitarian Visas:
- Although U and T visas cannot be eliminated without Congress, eligibility criteria may tighten, leading to increased RFEs and NOIDs.
- U visa bona fide determinations could be rescinded, requiring legal action to address delays.
- Stricter Enforcement and Border Measures:
- Expect heightened militarization of borders and extreme vetting for consular processing.
- Expedited removal policies will intensify, with a burden on individuals to prove two years of U.S. residence.
- Increased Denials and Delays:
- Anticipate more denials without RFEs or NOIDs across case types, particularly asylum applications.
- The asylum definition of “particular social groups” may narrow, leading to higher denial rates.
- Military PIP and CSPA Protections:
- While Military Parole in Place (PIP) survived the previous Trump administration, any attempts to eliminate it will likely be litigated.
- Efforts to roll back the Child Status Protection Act (CSPA) are expected.
Proactive Actions Protecting Vulnerable Clients
- Immediate Actions Before January 20, 2025: File DACA renewals, humanitarian parole applications, and EAD renewals as soon as possible.
- Client Communication: Make an appointment with your trusted immigration attorney to discuss your case, and the potential for delays, denials, and new requirements.
- 245(i) Applications: Most likely there will be changes in policy defining grandfathered beneficiaries. It is critical to be informed.
- SIJ Applicants: File asylum applications for children under 18 to secure protections and work eligibility.
Looking Ahead
Immigration law practitioners must prepare for a turbulent period, marked by rapid changes in policy and enforcement. By staying informed and proactive, legal teams can navigate the challenges ahead while continuing to advocate for their clients effectively.
Stay Updated
Contact our office for guidance on how these anticipated changes may impact your case. Together, we can navigate the uncertainties of 2025 and beyond.
