Changes in Immigration Since the Election of President Trump

The pendulum is swinging against immigrants. When Joe Biden won the 2020 Presidential election, he reversed many Trump administration immigration policies, policies generally favorable to immigrants. President Trump regained office in 2025 and has moved decisively to reinstate his former immigration policies and add new ones. These new reforms are not friendly to non-citizens seeking to enter or remain in the United States. A summary of some of these reforms are listed below.

Termination of the CBP One app

The CBP One app was a mobile app developed by U.S. Customs and Border Protection (CBP). It was originally used by trucking companies and then by would-be immigrants seeking to fast-track their asylum applications. President Trump shut it down soon after taking office in 2025.

State of emergency

The Trump administration has declared a state of emergency at the U.S. southern border. It has beefed up personnel at the border by using agents from the FBI, DEA, and ATF to assist ICE with immigration enforcement.

The Alien Enemies Act

The Trump administration invoked the Alien Enemies Act of 1798 as justification to expedite the deportations of people designated as national security threats, such as accused El Salvador gang members. This order is now tied up in court over questions about its legality.

Reinstitution of the “Remain in Mexico” policy

The Trump administration has re-instituted the “Remain in Mexico” policy that requires asylum applicants to await adjudication of their political asylum claims outside of the United States. Many of these people await adjudication in northern Mexico, an area with some of the highest rates of violent crime in the world due to drug cartel activity.

Partial cancellation of Temporary Protected Status

Temporary Protected Status (TPS) allows nationals of designated countries to live and work in the United States for a certain period. There is no path to citizenship or permanent residence.  Trump announced plans to cancel TPS for nationals of Venezuela and Haiti. This move affects about 350,000 Venezuelans and 500,000 Haitians.

Clampdown on refugees

Trump announced plans to restrict the number of refugees entering the United States. The new policy cuts new refugee admissions to zero, at least in theory. It also suspends adjudication of pending applications for protected refugee status. Conditionally approved refugees can still enter the United States.

Anticipated future changes to immigration law and policy under Trump

Although the future remains uncertain, statements by President Trump and senior administration officials justify predictions as to what might lie ahead. Below is a summary of the changes that many observers are expecting:

• The deputization of local police as ICE agents, thereby allowing local officials to enforce immigration laws.
• An attempt to repeal birthright citizenship for babies born to undocumented parents. Any such move would trigger constitutional challenges and conflict with the judiciary.
• The expansion of expedited removal procedures. This move would increase the frequency of summary deportations. Critics assert that this policy amounts to a denial of due process.
• A tightening of legal immigration by restricting the issuance of work visas and family-based immigration.

Many other changes are on the horizon. For substantive changes in immigration law, however, the Trump administration will need the help of Congress.

Highlight: Changes in the H-1B visa program

The H-1B visa program allows tens of thousands of educated foreign workers to work temporarily in the U.S. in certain specialty occupations.

An H-1B applicant must have:

• Theoretical and practical application of a body of highly specialized knowledge; and
• A bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.

The Trump administration has taken a number of measures that make life more difficult for aspiring H-1B applicants, including the measures described below.

Narrowing the definition of “specialty occupation”

In H-1B terminology, “speciality occupations” are jobs that require a bachelor’s degree or higher, such as scientists, financial analysts, or architects. The Trump administration has narrowed the scope of these positions using the below-described measures.

Degree/job title equivalence

Previously, H-1B applicants could use a general college degree in a related field to qualify for H-1B status. Someone with a general degree in engineering, for example, could work in software engineering. Now, the same person would need a degree in computer science or software engineering. Applicants must demonstrate a closer correlation between all of their core job duties and the degree they hold.

H-1B applicants can no longer group jobs under broad occupational categories

Up until the Trump administration changes, for example, many different H-1B jobs might have fallen within the specialty category of “IT consultant.” Under Trump, such a designation is too vague. Instead, the applicant must specify their exact position and justify it as a specialty occupation on an individual basis.

Eligible H-1B jobs must require a bachelor’s degree rather than merely listing it as a preference.

The old rule was that a job required a bachelor’s degree (and thereby qualified as a potential H-1B specialty occupation) if employers typically required a bachelor’s degree. Suppose, for example, that the position was software engineer. If employers typically required a bachelor’s degree for the position, even though your particular employer did not require a bachelor’s degree, the position would meet H-1B standards for minimum educational qualifications.

Under the new rule, every employer must require a bachelor’s degree for the position in order for it to qualify as a specialty occupation. This rule is inconsistent with emerging trends in the software industry, for example, where abilities and experience matter more than formal education. The rule will hit startups and mid-size companies particularly hard.

Narrowing of the definition of “specialized knowledge”

Under the old rule, specialized knowledge could include on-the-job training, general business experience, and multidisciplinary degrees such as bioinformatics. Under the new rules, a field qualifies as “specialized knowledge” if you can obtain it only through a narrowly defined academic field. It must be necessary and central to the performance of the H-1B job duties. This rule also flies in the face of an emerging trend towards cross-disciplinary integration.

Heavier reliance on the Department of Labor’s Occupational Outlook Handbook (OOH)

The Occupational Outlook Handbook (OOH) is a career guide issued by the Department of Labor. The new H-1B system relies heavily on this book. If the OOH describes a particular occupation without specifying that it requires a bachelor’s degree in a particular named subject, for example, that occupation will almost certainly be declared ineligible for H-1B status.

The courts, including the Supreme Court, have considered and heard challenges to some of President Trump’s new policies.  Some have been upheld and others struck.

Do you need a Nashville immigration lawyer?

A Nashville immigration lawyer from the Law Office of Perry A. Craft PLLC has extensive experience protecting the rights of immigrants, visa holders, citizens, and their families. We can help you find your way through the complex maze that is U.S. immigration law. Contact us today to schedule a consultation.