Trump Administration

President Donald Trump
Vice President Mike Pence
Cabinet • White House staff • Transition team

Policy positions
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Polling indexes: Opinion polling during the Trump administration

See also: Timeline of federal policy on immigration, 2017-2020

On January 8, 2019—the 18th day of a partial government shutdown that began over border wall funding—President Donald Trump called on Congress to allocate $5.7 billion to build a wall or steel barrier on the southern border to protect the nation. In the televised address from the Oval Office, Trump said that there was a humanitarian and security crisis at the southern border. He said, “At the request of Democrats, it will be a steel barrier rather than a concrete wall. This barrier is absolutely critical to border security. It’s also what our professionals at the border want and need.” Trump said that he would not sign legislation to end the partial shutdown if it did not include funding for border security.^[1]

Immediately after Trump’s speech, Speaker of the House Nancy Pelosi (D-Calif.) and Senate Minority Leader Chuck Schumer (D-N.Y.), issued a televised response rejecting Trump’s request for a border wall and calling on him to reopen the government. Pelosi said, “President Trump must stop holding the American people hostage, must stop manufacturing a crisis, and must reopen the government.” Schumer said that Democrats supported border security measures, but “disagree with the president about the most effective way to do it.”^[2]

On February 15, 2019, Trump signed a $328 billion spending bill that included $1.375 billion in funding for barriers on the southern border. He had requested $5.7 billion in wall funding. Because he did not get the amount requested, he declared a state of emergency on the southern border and directed $8.1 billion to build a border wall.^[3]

This page outlines major events and policy positions of the Trump administration and the 115th Congress on immigration. Click on the timeline below to learn more about each headline.

February 21, 2020: SCOTUS allows public charge rule to take effect
February 15, 2019: Trump signs bill to fund parts of the government and border barrier; declares state of emergency
February 3, 2019: Trump administration announces more troops headed to southern border
January 19, 2019: Trump releases plan to secure border and end partial shutdown
January 8, 2019: Trump makes case for border barrier in televised address; Democratic leadership rejects request
December 21, 2018: Trump pledges government shutdown unless border wall funding secured
October 30, 2018: Trump proposes ending birthright citizenship
October 26, 2018: Trump administration to send troops to U.S.-Mexico border
June 20, 2018: Trump signs an executive order addressing the separation of children from parents crossing the border illegally
June 11, 2018: Sessions says individuals who are victims of private crime not eligible for asylum
May 7, 2018: Trump administration announces it will prosecute parents who cross the border with their children
May 1, 2018: Texas and six other states file lawsuit to end DACA
April 24, 2018: Judge rules Trump administration must continue accepting new DACA applications
April 4, 2018: Trump signs memorandum to deploy troops to U.S.-Mexico border
March 6, 2018: DOJ files lawsuit against California's immigration laws
March 20, 2018: Trump criticizes sanctuary cities
February 26, 2018: SCOTUS denies Trump administration's request to review DACA case
February 15, 2018: Senate rejects four immigration reform proposals
January 25, 2018: Trump administration releases initial framework for immigration plan
January 24, 2018: Trump says he supports a pathway to citizenship for DACA recipients
January 16, 2018: U.S. Department of Justice appeals DACA ruling
January 9, 2018: Judge rules that Trump administration must keep renewing DACA permits
January 8, 2018: DHS announces end date for program allowing El Salvadorans to live and work in U.S.
January 5, 2018: Trump administration sends list of immigration priorities to lawmakers
Full immigration timeline
Immigration policy areas
Trump administration officials on immigration
Members of the 115th Congress on immigration

What is immigration policy? Immigration policy determines who may become a new citizen of the United States or enter the country as a temporary worker, student, refugee, or permanent resident. The federal government is responsible for setting and enforcing most immigration policy, while states primarily assume a supportive role. The executive branch, in particular, has wide authority over immigration policy.

Learn about Media Bias

Latest News on Immigration from the Left, Center and Right

June 18, 2020: SCOTUS rules DHS did not properly follow APA when seeking to end DACA

On June 18, 2020, the Supreme Court of the United States ruled in Department of Homeland Security v. Regents of the University of California (DHS) that DHS did not properly follow Administrative Procedure Act (APA) procedures when it sought to end the program in 2017. Though DHS started the program in 2012 with a memo that itself did not go through the APA rulemaking process, the court’s ruling argued that DHS failed to provide required analysis of all relevant factors associated with ending the DACA program. The majority opinion argued that that made the decision arbitrary and capricious under the APA. The court remanded the issue back to DHS, which can reattempt to end the program by providing a more thorough explanation for its decision.^[4]

February 21, 2020: SCOTUS allows public charge rule to take effect

On February 21, 2020, the Supreme Court of the United States voted 5-4 to allow the Inadmissability on Public Charge Grounds final rule, also known as the public charge rule, to take effect on February 24, 2020.^[5]^[6] The practice of considering self-sufficiency in immigration proceedings in the United States predates the Trump administration. According to U.S. Citizenship and Immigration Services, beginning in the 1800s "Congress has put into statute that aliens are inadmissible to the United States if they are unable to care for themselves without becoming public charges. Since 1996, federal laws have stated that aliens generally must be self-sufficient." The main law implementing this policy is the amended Immigration and Nationality Act of 1952.^[6]

On August 14, 2019, the Department of Homeland Security issued a final rule on the Inadmissability on Public Charge Grounds that modified the definition of a public charge and public benefits as governed by the statute. Under the final rule, the administration clarified the meaning of "likely at any time to become a public charge" as applying to any individual who is likely to receive public benefits for 12 months in a 36-month period. The phrase was previously defined as applying only to individuals likely to become primarily dependent on public benefits.

The final rule also expanded the programs considered to be public benefits, the receipt of which can result in an individual being considered a public charge. Prior to the final rule, three cash-based assistance program categories were admissible for consideration: Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), and general cash relief or assistance from state government. The final rule added the following programs to the definition of public benefits: non-emergency Medicaid; Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps); Section 8 Housing Choice Voucher Program; Section 8 Project-Based Rental Assistance; and Public Housing. The final rule also clarifies the range of factors that will be considered when assessing whether an individual is considered to be a public charge.^[7]^[8]

The final rule was initially scheduled to become effective on October 15, 2019, but injunctions from several federal courts prevented the rule from going into effect on that date.^[9] In January 2020, the U.S. Supreme Court voted 5-4 to lift the injunctions applying to all states except Illinois, which was under a separate injunction.^[10] On February 21, SCOTUS issued a decision to overturn the stay in Illinois in the case Wolf v. Cook County, Ill., which allowed the rule to take effect nationwide.^[11]

February 15, 2019: Trump signs bill to fund parts of the government and border barrier; declares state of emergency

President Donald Trump signed a $328 billion spending bill that included $1.375 billion in funding for barriers on the southern border. He had requested $5.7 billion in wall funding. Because he did not get the amount requested, he declared a state of emergency on the southern border and directed $8.1 billion to build a border wall.^[12]

In a Rose Garden announcement, Trump explained his emergency declaration, saying, “It’s a great thing to do because we have an invasion of drugs, invasion of gangs, invasion of people.”^[13]

House Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Chuck Schumer (D-N.Y.) criticized the declaration, saying in a joint statement, “The president’s unlawful declaration over a crisis that does not exist does great violence to our Constitution and makes America less safe. The president is not above the law. The Congress cannot let the president shred the Constitution.”^[13]

The day before Trump declared a state of emergency, the Senate passed the $328 billion spending bill by a vote of 83-16, and the House passed it by a vote of 300-128.

In the Senate, 42 members of the Democratic caucus and 41 Republicans voted for the bill. Eleven Republicans and five Democrats voted against the bill. 2020 presidential candidates Cory Booker (N.J.), Kirsten Gillibrand (N.Y.), Kamala Harris (Calif.), and Elizabeth Warren (Mass.) all voted against it. Sen. Ed Markey (D-Mass.) also voted against it. The 11 Republicans who voted against the bill were Sens. Mike Braun (Ind.), Tom Cotton (Ark.), Ted Cruz (Texas), Josh Hawley (Mo.), James Inhofe (Okla.), Mike Lee (Utah), Rand Paul (Ky.), Marco Rubio (Fla.), Ben Sasse (Neb.), Tim Scott (S.C.), and Pat Toomey (Pa.).^[14]

In the House, 213 Democrats and 87 Republicans voted for the bill. One hundred and nine Republicans and 19 Democrats voted against the bill.^[15]

The package of seven spending bills included funding for the following departments and agencies through September 30, 2019:^[16]

Homeland Security: $61.6 billion in discretionary funding, including "$1.375 billion for construction of 55 news miles of physical barrier along Border Patrol’s highest priority locations along the southwest border," according to a Senate Appropriations Committee summary. This was the same amount of money that was in the 2018 spending bill, according to Politico. Trump had requested $5.7 billion.^[17]^[16]

Agriculture, Rural Development, Food and Drug Administration: $23.042 billion in discretionary funding.

Commerce, Justice, and Science: $64.118 billion in discretionary funding, an increase of $4.518 billion above the FY2018 enacted level.

Financial Services and General Government: $23.4 billion in discretionary spending.

Interior and Environment: $35.552 billion in discretionary funding, an increase of $300 million above the FY2018 enacted level.

State, Foreign Operations, and Related Programs: $54.2 billion in discretionary funding, of which $8 billion is for Overseas Contingency Operations (OCO).

Transportation, Housing and Urban Development: $71.079 billion, an increase of $779 million above the FY2018 level.

The bill was the result of negotiations that began on January 25, 2019, when members of Congress and Trump reached an agreement to temporarily fund the government while they worked out a larger plan to address immigration and border security.^[18]

February 18, 2019: Sixteen states file suit against Trump's emergency declaration

On February 18, 2019, 16 state attorneys general filed a lawsuit in California’s Northern District against President Donald Trump's emergency declaration to pay for a wall along the southern border.^[19]

The lawsuit stated that the emergency declaration showed a “flagrant disregard for the separation of powers. ... President Trump has veered the country toward a constitutional crisis of his own making.”^[19]

The lawsuit was filed by Democratic attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia. They said that the emergency declaration would cause their states to lose millions in federal funding and cause environmental damage.^[19]

At the time of the filing, the following states with Democratic attorneys general did not join the lawsuit: Iowa, Kentucky, Massachusetts, Mississippi, New Mexico, North Carolina, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin.

"The states’ lawsuit is likely to stall the implementation of the emergency declaration and generate protracted legal battles that could land before the conservative-dominated Supreme Court. The case may not be resolved before 2020, potentially making Mr. Trump’s plan an issue in the next presidential election," according to The Wall Street Journal.^[19]

February 26, 2019: House passes resolution to overturn Trump's national emergency declaration

On February 26, 2019, the House passed legislation to overturn President Donald Trump's declaration of national emergency on the southern border. The resolution passed by a vote of 245-182. Every Democrat and 13 Republicans voted for the resolution.^[20]^[21]

The 13 Republican who voted for the resolution were Reps. Justin Amash (Mich.), Brian Fitzpatrick (Pa.), Mike Gallagher (Wis.), Jaime Herrera Beutler (Wash.), Will Hurd (Texas), Dusty Johnson (S.D.), Thomas Massie (Ky.), Cathy McMorris Rodgers (Wash.), Francis Rooney (Fla.), Jim Sensenbrenner (Wis.), Elise Stefanik (N.Y.), Fred Upton (Mich.), and Greg Walden (Ore.).^[20]

The legislation now heads to the Senate where four GOP senators will have to vote with every member of the Democratic caucus to send it to Trump's desk. If it passes, Trump said that he would veto the resolution. It would be the first veto of his presidency.

Before the vote, Rep. John Lewis (D-Ga.), who supported the resolution, said, “We have a constitutional mission and a mandate to preserve the balance of power and to oppose this monument of hate.”^[22]

Members of the House Liberty Caucus, including the group's leader Rep. Justin Amash (R-Mich.), wrote in a statement, “This national emergency declaration does not conform to our constitution.”^[22]

House Minority Leader Kevin McCarthy (R-Calif.), who voted against the resolution, said, “What we see happening along the border, the amount of drugs, the amount of deaths in America, the human trafficking that’s coming across, the overwhelming problem there. So, the president has the authority to do it. And we will uphold him.”^[23]

Rep. Adam Kinzinger (R-Ill.), an active-duty member of the Air National Guard, who was deployed to the border said, “I went down there neutral on this question, didn’t know whether or not I’d support a national emergency. And I came back more convinced probably than anybody that this is the right thing to do.”^[23]

February 3, 2019: Trump administration announces more troops headed to southern border

On February 3, 2019, the U.S. Department of Defense announced that 3,700 members of the military would be sent to the southern border to assist Customs and Border Protection by placing razor wire along the border and helping with surveillance operations. Before the deployment, there were nearly 650 troops at the border.^[24]

President Donald Trump initially signed a memorandum to deploy troops to the U.S.-Mexico border on April 4, 2018, and sent troops to the border in October 2018. Trump said that the troops were being deployed to combat "a drastic surge of illegal activity on the southern border."^[25]

January 19, 2019: Trump releases plan to secure border and end partial shutdown

On January 19, 2019, President Donald Trump released his plan to secure the southern border and end the partial government shutdown that began on December 22, 2018. He said, “To every member of Congress: Pass a bill that ends this crisis. To every citizen: Call Congress and tell them to finally, after all of these decades, secure our border. This is a choice between right and wrong, justice and injustice. This is about whether we fulfill our sacred duty to the American citizens we serve.”^[26]

Trump’s plan included the following:^[26]

$5.7 billion to fund a steel barrier system;
$805 million for technology, canines, and personnel to prevent drugs and weapons from being brought into the country;
$800 million dollars in humanitarian assistance, medical support, and new temporary housing;
$782 million to hire an additional 2,750 border agents, law enforcement officers, and staff;
$563 million for the immigration court system, including hiring 75 new immigration judge teams;
Three years of provisional status for DACA and certain Temporary Protected Status (TPS) recipients, which would protect them from deportation.

Speaker of the House Nancy Pelosi (D-Calif.) released the following statement shortly before Trump released his plan publicly: “Democrats were hopeful that the President was finally willing to re-open government and proceed with a much-need discussion to protect the border. ... It is unlikely that any one of these provisions alone would pass the House, and taken together, they are a non-starter.”^[27]

January 24, 2019: Senate rejects two proposals to end the partial government shutdown

On January 24, 2019, the Senate rejected two proposals to end the partial government shutdown. The plan backed by Trump failed by a vote of 50-47. It needed 60 votes to pass. Sen. Joe Manchin (D-W.Va.) was the only Democrat who supported the bill. Sens. Tom Cotton (R-Ark.) and Mike Lee (R-Utah) were the only Republicans who opposed the bill. The legislation proposed allocating $5.7 billion in border-wall funding, providing temporary protections for DACA and certain Temporary Protected Status (TPS) recipients, and funding unfunded government agencies.^[28]

The Democratic-backed plan failed by a vote of 52-44. Six Republicans—Sens. Susan Collins (Maine), Cory Gardner (Colo.), Lisa Murkowski (Alaska), Lamar Alexander (Tenn.), Mitt Romney (Utah), and Johnny Isakson (Ga.)—voted with Democrats for the continuing resolution to fund the government through February 8, 2019. It did not include funding for border security.^[29]

The votes took place on the 34th day of the partial shutdown.

January 25, 2019: Congress and Trump reach temporary agreement to fund the government; border talks continue

On January 25, 2019, members of Congress and Trump reached an agreement to fund the government until February 15, 2019, while lawmakers worked out a larger plan to address immigration and border security.^[18]

The Senate passed the continuing resolution by voice vote. The House unanimously passed the bill by voice vote, and Trump signed it, ending the 35-day partial government shutdown.

Trump had previously said that he would not sign legislation to reopen the federal government if it did not include funding for a border wall or barrier, but he agreed to do so, saying that he would declare a national emergency if the negotiations to fund the wall failed.^[18]

January 8, 2019: Trump makes case for border barrier in televised address; Democratic leadership rejects request

In the televised address from the Oval Office on January 8, 2019, President Donald Trump said that there was a humanitarian and security crisis at the southern border, and he called on members of Congress to allocate $5.7 billion to build a wall or steel barrier to protect the nation. He said, “At the request of Democrats, it will be a steel barrier rather than a concrete wall. This barrier is absolutely critical to border security. It’s also what our professionals at the border want and need.”^[1]

In making his case for the barrier, Trump said that individuals who enter the country without legal permission from the southern border strain public resources and drive down jobs and wages. He also said that some drugs and criminals enter the country through the southern border, harming Americans.^[1]

In response to those, including Speaker of the House Nancy Pelosi (D-Calif.), who “have suggested a barrier is immoral,” Trump said, “Then why do wealthy politicians build walls, fences, and gates around their homes? They don’t build walls because they hate the people on the outside, but because they love the people on the inside. The only thing that is immoral is the politicians to do nothing and continue to allow more innocent people to be so horribly victimized.”^[1]

The address took place on the 18th day of a partial government shutdown. Trump said that he would not sign legislation to reopen the government if it did not include border funding.

Immediately after Trump’s speech, Pelosi and Senate Minority Leader Chuck Schumer (D-N.Y.), issued a televised response rejecting Trump’s request for a border wall and calling on him to reopen the government. Pelosi said, “President Trump must stop holding the American people hostage, must stop manufacturing a crisis, and must reopen the government.”^[2]

Schumer said that Democrats supported border security measures, but “disagree with the president about the most effective way to do it.” Schumer also criticized Trump for creating a crisis that he said did not exist. Schumer said, “This president just used the backdrop of the Oval Office to manufacture a crisis, stoke fear, and divert attention from the turmoil in his administration.”^[2]

In his address, Trump did not declare a national emergency over border security, something he said that he was considering. “Federal law allows the president to halt military construction projects and divert those funds for the emergency,” according to The Wall Street Journal. Democrats said that they would challenge Trump’s declaration in court if issued.^[30]^[31]

December 21, 2018: Trump pledges government shutdown unless border wall funding secured

On December 21, 2018, President Donald Trump announced that the government would shut down unless border wall funding was included in a continuing resolution (CR) to fund the government beyond midnight on December 22. The statement came after the Senate passed a CR that did not include funds for a border wall on December 19. In response, the House passed an amended CR that included $5 billion in funding for a border wall. The Senate would have to accept the amendments from the House in order to send the CR to Trump's desk. According to The Wall Street Journal, the Senate was not expected to pass the CR that included border wall funding.^[32]

Child Protection Improvements Act of 2017 (HR 695)

Bill Passed (217-185) on December 20, 2018

Proposed providing continuing FY2019 appropriations to several federal agencies through February 8, 2019.^[33]

The details: The House passed a continuing resolution (CR) to fund the government until February 8, 2019, by a vote of 217-185, with 31 members not voting. The resolution included $5 billion in funding for a border wall.^[34]

December 20, 2018: DHS announces some migrants will be sent back to Mexico to await immigration proceedings

On December 20, 2018, the U.S. Department of Homeland Security (DHS) announced that individuals attempting to enter the U.S. without legal permission or proper documentation could be returned to Mexico while waiting for immigration proceedings. DHS invoked Section 235(b)(2)(C) of the Immigration and Nationality Act in making the policy change.^[35]

DHS Secretary Kirstjen Nielsen said in a statement, “Aliens trying to game the system to get into our country illegally will no longer be able to disappear into the United States, where many skip their court dates. Instead, they will wait for an immigration court decision while they are in Mexico. ‘Catch and release’ will be replaced with ‘catch and return.’ In doing so, we will reduce illegal migration by removing one of the key incentives that encourages people from taking the dangerous journey to the United States in the first place. This will also allow us to focus more attention on those who are actually fleeing persecution."^[35]

Nielsen also said that the Mexican government was notified of the change. “In response, Mexico has made an independent determination that they will commit to implement essential measures on their side of the border. We expect affected migrants will receive humanitarian visas to stay on Mexican soil, the ability to apply for work, and other protections while they await a U.S. legal determination,” Nielsen said.^[35]

Rep. Steve Chabot (R-Ohio) praised the policy change, saying it would bring “sanity to our asylum policies that have been exploited and abused.”^[36]

Maureen Meyer, director for Mexico at the Washington Office on Latin America, criticized the policy, saying it was “yet one more example of the U.S. trying to outsource its international protection obligations to Mexico.”^[36]

November 9, 2018: Trump issues presidential proclamation on asylum

On November 9, 2018, President Donald Trump signed a presidential proclamation preventing migrants who enter the country without legal permission from claiming asylum. The proclamation enacted a rule published by the Departments of Homeland Security (DHS) and Justice that stated only migrants who enter the country through legal ports of entry can claim asylum.^[37]^[38]^[39]

Under the Immigration and Nationality Act of 1965 (INA), migrants can claim asylum even if they do not enter the country through a port of entry. The INA also gives the president the authority to prohibit the entry of migrants into the U.S. if their presence would be detrimental to the country.^[40]^[41]

Citing the actions of previous presidents to prevent mass migration, Trump wrote, “I am similarly acting to suspend, for a limited period, the entry of certain aliens in order to address the problem of large numbers of aliens traveling through Mexico to enter our country unlawfully or without proper documentation. I am tailoring the suspension to channel these aliens to ports of entry, so that, if they enter the United States, they do so in an orderly and controlled manner instead of unlawfully. Under this suspension, aliens entering through the southern border, even those without proper documentation, may, consistent with this proclamation, avail themselves of our asylum system, provided that they properly present themselves for inspection at a port of entry.”^[42]

November 9, 2018: Groups sue Trump administration over asylum proclamation

On the same day Trump issued the proclamation, the American Civil Liberties Union (ACLU), the Southern Poverty Law Center, and the Center for Constitutional Rights sued the administration alleging that the rule and proclamation violated the INA and the Administrative Procedure Act.^[43]

Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said in a statement, “President Trump’s new asylum ban is illegal. Neither the president nor his cabinet secretaries can override the clear commands of U.S. law, but that’s exactly what they’re trying to do. This action undermines the rule of law and is a great moral failure because it tries to take away protections from individuals facing persecution — it’s the opposite of what America should stand for.”^[43]

The groups said that the rule and proclamation “are in direct violation of Congress’s clear command that manner of entry cannot constitute a categorical asylum bar. Consistent with its international obligations, Congress was specific and clear: Entering without inspection is not a basis to categorically deny asylum to refugees."^[43]

November 19, 2018: Judge blocks presidential proclamation on asylum

On November 19, 2018, U.S. District Court Judge Jon S. Tigar issued a temporary restraining order against Trump’s presidential proclamation on asylum. Tigar ruled the proclamation conflicted with the Immigration and Nationality Act of 1965. Tigar wrote, "Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden." Tigar also said the rule was "an extreme departure from prior practice" and that immigrants would "suffer irreparable injury if the rule goes into effect."^[44]^[45] Click here to read the full ruling.

November 8, 2018: Ninth Circuit Court rules Trump administration cannot end DACA

See also: Federal policy on DACA and DAPA, 2017-2020

On November 8, 2018, the United States Court of Appeals for the Ninth Circuit upheld a preliminary injunction against the Trump administration's attempt to end the Deferred Action for Childhood Arrivals (DACA) program. Ruling that the administration's reasons for ending DACA were arbitrary, the court wrote, “DACA was a permissible exercise of executive discretion.”^[46]^[47]

"All three judges on the Ninth Circuit panel were appointed by Democratic presidents but they didn’t all adopt the same reasoning Thursday. Two said the Trump administration had likely violated principles of administrative law, while the third thought the rescission of DACA may have been motivated by unconstitutional racial animus, in violation of the Constitution’s guarantee of equal protection," according to The Wall Street Journal.^[46]

In response to the decision, Justice Department spokesman Steven Stafford said, “While we are disappointed with today’s ruling, we are pleased that the court has finally acted and that the Supreme Court now can consider our petition for review.”^[46]

California Attorney General Xavier Becerra praised the ruling, saying, “Today’s decision is a tremendous victory for our young immigrant Dreamers and the rule of law. In California and across our nation, Dreamers significantly enrich our communities as scholars, entrepreneurs, first responders and much more. This fight, of course, is far from over. We will continue to defend Dreamers and DACA all the way to the Supreme Court if necessary.”^[46]

DACA, which was established by the Obama administration in 2012, protected individuals who were brought to the United States as children without legal permission from deportation and allowed those individuals to go to school and work.

October 30, 2018: Trump proposes ending birthright citizenship

During an interview released on October 30, 2018, President Donald Trump said that he would sign an executive order to end birthright citizenship, the right to citizenship for babies born on U.S. soil to non-citizens and individuals residing in the country without legal permission.^[48]

Speaking about birthright citizenship, Trump said, "We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States ... with all of those benefits. It's ridiculous. It's ridiculous. And it has to end." According to Axios, more than 30 countries have some form of birthright citizenship.^[48]

If Trump signs the order, the courts would likely have to decide if it is constitutional. The 14th Amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The amendment granted full citizenship to former slaves. In 1898, the Supreme Court addressed birthright citizenship in United States v. Wong Kim Ark. The court ruled that Wong Kim Ark, a child born to Chinese parents living in the U.S., was a citizen. According to Stephen Legomsky, former chief counsel for U.S. Citizenship and Immigration Services during the Obama administration, the Supreme Court has only ruled that children of foreign diplomats and children of enemy occupiers are not eligible for birthright citizenship. The U.S. Supreme Court has not ruled on whether birthright citizenship applies to the children of individuals in the country without legal permission or those with temporary visas.^[48]^[49]

At a Politico event, Vice President Mike Pence used this argument as support for the executive order, saying, "The Supreme Court of the United States has never ruled on whether or not the language of the 14th Amendment subject to the jurisdiction thereof applies specifically to people who are in the country illegally.”^[50]

The American Civil Liberties Union (ACLU) criticized Trump’s proposal in a tweet, writing, "This is a blatantly unconstitutional attempt to fan the flames of anti-immigrant hatred in the days ahead of the midterms. The 14th Amendment’s citizenship guarantee is clear. You can’t erase the Constitution with an executive order."^[50]

Sen. Amy Klobuchar (D-Minn.) said that Trump announced the executive order to get Republicans to vote. She said, "He’ll say anything before the election. Don’t take the bait. Focus on ending the hate. Hug a kid. Be nice to someone you don’t know or agree with. And vote. Please vote."^[50]

Speaker of the House Paul Ryan (R-Wis.) said that Trump did not have the authority to end birthright citizenship by executive order. He said, "As a conservative, I’m a believer in following the plain text of the Constitution, and I think in this case the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process. But where we obviously totally agree with the president is getting at the root issue here, which is unchecked illegal immigration.”^[51]

Graham says he will introduce legislation to end birthright citizenship

Sen. Lindsey Graham (R-S.C.) said that he supported Trump’s proposal to end birthright citizenship and would introduce legislation to end it. Graham wrote in a series of tweets,

“

Finally, a president willing to take on this absurd policy of birthright citizenship. I’ve always supported comprehensive immigration reform – and at the same time – the elimination of birthright citizenship. The United States is one of two developed countries in the world who grant citizenship based on location of birth. This policy is a magnet for illegal immigration, out of the mainstream of the developed world, and needs to come to an end. In addition, I plan to introduce legislation along the same lines as the proposed executive order from President @realDonaldTrump.” I will be introducing legislation to deal with the issue of birthright citizenship for children of illegal immigrants -- in a prospective manner -- as I have always contended it has become a magnet for illegal immigration in modern times.”^[54]

”

October 26, 2018: Trump administration to send troops to U.S.-Mexico border

On October 26, 2018, Secretary of Defense James Mattis approved a request from the U.S. Department of Homeland Security (DHS) to send additional members of the military to the southwest border to assist border patrol agents with a convoy of thousands of migrants trying to enter the U.S. The active-duty troops were approved in addition to the 2,000 National Guard members sent to the U.S.-Mexico border in April 2018. The Pentagon said that 5,200 troops would be deployed, with about 1,800 in Texas, 1,700 in Arizona, and 1,500 in California. The mission was expected to last until mid-December 2018.^[55]^[56]

On October 31, 2018, President Donald Trump said that up to 15,000 members of the military could be deployed. He said, "As far as the caravan is concerned, our military is out. We have about 5,000. We'll go up to anywhere between 10 and 15,000 military personnel on top of Border Patrol, [Immigration and Customs Enforcement] and everybody else at the border."^[57]

According to a statement from the Pentagon, the additional troops were approved to support border agents by providing “aviation support to move [Customs and Border Protection] personnel, medical teams to triage, treat and prepare for commercial transport of patients, command and control facilities, temporary housing for CBP personnel and personal protective equipment for CBP personnel.” Members of the military were also authorized to build temporary barriers, barricades, and fencing at the border. The military cannot engage in law enforcement activities at the border because the Posse Comitatus Act bars them from doing so.^[55]^[58]

Speaking about the caravan, President Donald Trump said, “We’re not letting them in. They’d better go back now. Now, do we want them to apply and come in legally? Absolutely.”^[55]

Will Fischer, director of government relations for VoteVets, a pro-Democratic advocacy group, criticized the move for harming military readiness. Fischer said, “What that means is that Donald Trump is mobilizing the military to be a bunch of gophers and movers for border patrol and DHS, which is a gross misuse of our military. For the president to take them away from training affects mission readiness.”^[55]

November 25, 2018: DHS closes San Ysidro Port of Entry

On November 25, 2018, U.S. authorities closed the San Ysidro Port of Entry and fired tear gas at a group of Central American migrants trying to enter the country without legal permission. Tear gas was fired after some of the migrants threw projectiles at border patrol agents, according to Department of Homeland Security Secretary Kirstjen Nielsen. The migrants were seeking asylum in the U.S. to escape poverty and violence in their home countries, according to The Hill.^[59]^[60]

Nielsen released a statement on the decision to close the port and use tear gas. She said,

“

This morning, CBP was forced to close the San Ysidro Port of Entry to ensure public safety in response to large numbers of migrants seeking to enter the U.S. illegally. After being prevented from entering the Port of Entry, some of these migrants attempted to breach legacy fence infrastructure along the border and sought to harm CBP personnel by throwing projectiles at them. As I have continually stated, DHS will not tolerate this type of lawlessness and will not hesitate to shut down ports of entry for security and public safety reasons. We will also seek to prosecute to the fullest extent of the law anyone who destroys federal property, endangers our frontline operators, or violates our nation’s sovereignty. CBP, along with other DHS law enforcement, federal law enforcement, the U.S. military and state and local law enforcement, will continue to have a robust presence along the Southwest Border and at our ports of entry to prevent illegal entry or violence. We continue to stay in close contact with Mexican authorities and we remain committed to resolving this situation safely in concert with our Mexican partners.^[54]

”

June 20, 2018: Trump signs an executive order addressing the separation of children from parents crossing the border illegally

On June 20, 2018, President Donald Trump (R) signed an executive order directing the U.S. Department of Homeland Security (DHS) to keep detained families together. The order also called on the U.S. Department of Defense to assist in providing housing for families when detention centers are at capacity, according to Politico. The order came amid criticisms of the administration's policy, announced on May 7, 2018, of prosecuting parents crossing the U.S. border illegally and separating children from their parents pending resolution of their cases. Prior to signing the order, Trump said, "We’re going to be signing an executive order in a little while. We’re going to keep families together but we still have to maintain toughness or our country will be overrun by people, by crime, by all of the things that we don’t stand for and that we don’t want." The full text of the order can be accessed here.^[61]^[62]^[63]

At the time the order was signed, it was unclear how it might conflict with the Flores agreement, a legal settlement reached in 1997 that has been interpreted by federal courts to prevent immigration officials from detaining minor children for more than 20 days. Trump's order directed the attorney general to file a request in federal district court to modify the terms of the agreement "in a manner that would permit [federal officials] ... to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings." On July 9, 2018, Judge Dolly Gee, of the United States District Court for the Central District of California, issued an order denying that request. Gee wrote, "It is apparent that Defendants' Application is a cynical attempt ... to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate. ... In sum, Defendants have not shown that applying the Flores Agreement 'prospectively is no longer equitable,' or that 'manifest injustice' will result if the Agreement is not modified." Devin O'Malley, a spokesman for the U.S. Department of Justice, said the following in a statement responding to Gee's order: "Parents who cross the border will not be released and must choose between remaining in family custody with their children pending immigration proceedings or requesting separation from their children so the child may be placed with a sponsor."^[64]^[65]^[66]

Pentagon spokesperson Dana White told Reuters that the U.S. Department of Health and Human Services had asked the Pentagon "to determine its capabilities to provide up to 20,000 temporary beds for unaccompanied alien children" at military bases. As of June 22, 2018, no final decision on whether to house such children at military bases had been made.^[67]

On June 22, 2018, an anonymous Trump administration official told the Associated Press that approximately 500 of the roughly 2,300 children separated from their families at the border had been reunited since May 2018. The official went on to say that federal agencies were planning to establish a procedure for processing the remaining reunifications.^[68]

On June 23, 2018, the Departments of Homeland Security and Health and Human Services (HHS) issued a press release detailing the planned reunification process. According to that release, the federal government had reunified 522 children—referred to as Unaccompanied Alien Children (UAC)—with their families and was in the process of reuniting another 16 UAC with their families at the time the statement was issued. This left 2,053 unaccompanied minors being housed in HHS facilities, with 83 percent of those having arrived in the United States without a parent or guardian, according to the press release.^[69]

Responses

On June 26, 2018, Judge Dana Sabraw of the United States District Court for the Southern District of California ruled that migrant families separated at the border must be reunited. Sabraw issued a nationwide injunction against separating migrant families at the border. The ruling specified that children under the age of five held in federal shelters should be returned to their parents by July 10 and children older than the age of five should be returned by July 26. Sabraw stated in the injunction that families were not to be separated unless parents were deemed unfit and added that parents were entitled to speak with their children within 10 days. On July 6, 2018, federal officials asked that these deadlines be extended. Attorneys for the federal government said the following in a statement submitted to the court: "The government does not wish to unnecessarily delay reunification. At the same time, however, the government has a strong interest in ensuring that any release of a child from government custody occurs in a manner that ensures the safety of the child." On July 8, 2018, federal officials informed Sabraw that more than 50 children would be reunited with their families the following day and that approximately 40 others could not yet be reunified with their families due to issues with matching them with their parents or clearing the parents to take custody of the children. Sabraw said, "I am very encouraged about the progress. This is real progress. I'm optimistic that many of these families will be reunited tomorrow."^[70]^[71]^[72]
- On July 10, 2018, federal officials informed Sabraw that 38 of 102 children under the age of five would be reunited with their parents by the end of the day (and that another 16 would be reunited with their parents shortly thereafter). The U.S. Justice Department said, "Any children not being reunified by the July 10 deadline are not being reunified because of legitimate logistical impediments that render timely compliance impossible or excusable, and so defendants are complying with the court's order." Sabraw said, "I intend to stand on the deadline. The government, because of the way the families were separated, has an obligation to reunite and to do it safely and efficiently, that's paramount." Sabraw ordered officials to provide an update on July 12.^[73]
- On July 12, 2018, federal officials announced that 57 children under 5 years of age had been reunited with their families. Officials noted that another 46 children were not eligible for reunification (e.g., because their parents hadn't cleared background checks, had criminal records, or had been deported). Alex Azar, secretary of Health and Human Services, Kirstjen Nielsen, secretary of Homeland Security, and Jeff Sessions, attorney general, said, "As of this morning, the initial reunifications were completed. Throughout the reunification process, our goal has been the well-being of the children and returning them to a safe environment."^[74]
- On July 16, 2018, Sabraw ordered a temporary halt to the deportation of families reunited under his June 26 ruling. The American Civil Liberties Union (ACLU) requested the move, arguing that it was necessary due to "persistent and increasing rumors — which [federal officials] have refused to deny — that mass deportations may be carried out imminently and immediately upon reunification." Sabraw gave federal officials one week to file a response in opposition to this request.^[75]^[76]
- On July 26, 2018, the deadline set by Sabraw for reuniting children over the age of five with their families, federal officials reported that 1,442 such children had been reunited with their parents held in U.S. Immigration and Customs Enforcement custody. Another 378 children had been sent either to a sponsor or to their parents held in Department of Homeland Security custody. Another 711 children remained in the care of the Department of Health and Human Services' Office of Refugee Resettlement because their parents were either ineligible or unavailable for reunification. This included 120 children whose parents waived the right to reunification, 431 children whose parents were outside of the United States, and 94 whose parents' locations remained unclear.^[77]
On June 21, 2018, Washington Attorney General Bob Ferguson (D) announced that Washington and 10 other states would file suit in federal district court against the Trump administration over its policy of separating children from parents who cross the U.S. border illegally. Ferguson said, "We'll allege that the administration is violating constitutional due process rights of the parents and children by separating them as a matter of course and without any findings that the parent poses a threat to the children. The policy is also irrationally discriminatory in violation of constitutional guarantees of people protection, because it only targets people crossing our southern border, not any other entrance to the United States." The other states joining the lawsuit included Oregon, California, Massachusetts, Maryland, New Mexico, Pennsylvania, New Jersey, Iowa, Illinois, and Minnesota. Ferguson's office had planned to file the suit in federal district court on June 21, 2018, but postponed filing to amend the complaint to reflect Trump's June 20, 2018, executive order.^[78] On June 26, six other states—Delaware, New York, North Carolina, Rhode Island, Vermont, and Virginia—joined the lawsuit.^[79]^[80]
In a statement issued on June 20, 2018, Senate Majority Leader Mitch McConnell (R-Ky.) said, "I am glad the president took this step today. I hope the federal courts reconsider the decision that limits an administration's ability to keep families together while their immigration status is being determined."^[81]
Senate Minority Leader Chuck Schumer (D-N.Y) said the following via Twitter on June 20, 2018: "It's a relief that [Trump] has reversed himself & recognized the cruelty of his policy of separating families. While the EO doesn't reference the families already ripped apart, I hope & expect that the admin will be able to quickly reunite these children w/their parents."^[81]
House Minority Leader Nancy Pelosi (D-Calif.) said the following in a statement on June 20, 2018: "The President’s Executive Order seeks to replace one form of child abuse with another. Instead of protecting traumatized children, the President has directed his Attorney General to pave the way for the long-term incarceration of families in prison-like conditions."^[82]
Senator Lindsey Graham (R-S.C.) said via Twitter on June 20, 2018, "Very pleased [President Trump] will issue an executive order dealing with separation of children and parents detained at our southern border. Only Congress can provide a permanent solution regarding the legal dilemma created by the 1997 Flores settlement agreement."^[81]

June 11, 2018: Sessions says individuals who are victims of private crime not eligible for asylum

On June 11, 2018, Attorney General Jeff Sessions announced that individuals who are victims of private crime, including domestic and gang violence, in their home country will no longer automatically qualify for asylum in the U.S. Sessions said in a statement, “Our nation’s immigration laws provide for asylum to be granted to individuals who have been persecuted, or who have a well-founded fear of persecution, on account of their membership in a ‘particular social group,’ but most victims of personal crimes do not fit this definition—no matter how vile and reprehensible the crime perpetrated against them.”^[83]

Sessions’ decision overturned two asylum rulings from the federal immigration appeals board. In 2016, the board ruled that a Salvadoran woman who came to the U.S. to escape physical and emotional abuse inflicted by her husband should be granted asylum. In 2014, the appeals board ruled that married women from Central America who were not allowed to leave their abusive marriages could apply for asylum because they were members of “a particular social group.”^[83]^[84]

Sessions said of the 2014 decision, “The mere fact that a country may have problems policing certain crimes effectively — such as domestic violence or gang violence — or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim.”^[84]

Michelle Brané, the director of the Women’s Refugee Commission’s Migrant Rights and Justice program, criticized Sessions' decision, saying, “Attorney General Sessions’ decision to limit the reasons why people can claim asylum is a devastating blow to families who come to our country seeking protection and safety.”^[83]

Jason Cone, executive director of Doctors Without Borders/Médecins Sans Frontières said the decision was “an extension of a ruthless pattern by the Trump Administration of targeting neglected and at-risk people, such as refugees, unaccompanied minors fleeing forced gang conscription and women in need of lifesaving reproductive-health services.”^[83]

December 19, 2018: Judge blocks asylum policy

On December 19, 2018, Judge Emmet Sullivan called the Trump administration's asylum policy “arbitrary” and “capricious,” and ruled in favor of 12 adults and children who challenged the policy. The individuals claimed to have been sexually abused, kidnapped, and beaten in their home countries and sought asylum in the United States.^[85]

In his opinion, Sullivan wrote that the Trump administration's asylum policy violated the Administrative Procedure Act (APA) and the Immigration and Nationality Act (INA). He wrote that the policy was "inconsistent with the intent of Congress as articulated in the INA. And because it is the will of Congress—not the whims of the Executive—that determines the standard for expedited removal, the Court finds that those policies are unlawful." The ruling prevents the Trump administration from deporting asylum seekers who are victims of domestic and gang violence in their home country.^[86]

The U.S. Department of Justice (DOJ) filed a motion to stay a broad application of the ruling. The DOJ said, “Should this court’s decision not hold up on appeal, it would result in changing and confusing alterations of the policies needed to screen tens of thousands of aliens arriving at our borders."^[85]

May 7, 2018: Trump administration announces it will prosecute parents who cross the border with their children

On May 7, 2018, Attorney General Jeff Sessions announced that the Trump administration would prosecute parents who crossed the U.S. border illegally with their children. The policy called for parents to be separated from their children, pending resolution of their cases. The policy called for children to be placed in shelters or with families. The policy applied to those crossing the border illegally, not those requesting asylum at ports of entry. Those caught crossing the border illegally would still be permitted to apply for asylum.^[87]

Sessions said, “I have put in place a zero-tolerance policy for our Southwest border. If you cross the border illegally, we will prosecute you. It’s that simple. If you smuggle illegal aliens across our border, then we will prosecute you. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. If you make false statements to an immigration officer or file a fraudulent asylum claim, that’s a felony. If you help others to do so, that’s a felony, too. You’re going to jail. So if you’re going to come to this country, come here legally. Don’t come here illegally.”^[88]

At a Senate Appropriations subcommittee meeting on May 8, 2018, Sen. Patrick Leahy (D-Vt.) criticized the policy, saying, “No matter what you call it, the new policy is going to result in thousands of children, some of them infants, being forcibly separated from their families. My concern is not just that the administration is turning its back on immigrants. This administration is turning its back on what it means to be American.”^[89]

Homeland Security Secretary Kirstjen Nielsen responded to the criticism by calling on families to come to the ports of entry to request asylum instead of crossing the border illegally. She said, “If you are fleeing and have a need to come to the United States, please come to the ports of entry. If you have a legitimate claim and you come to a port of entry, you haven’t broken the law.”^[89]

Amid criticism, White House officials said "that releasing the entire family would remove all consequences for adults trying to enter the U.S. They said it would make the country a 'magnet' for more illegal immigration, and that they were barred from the alternative of detaining families as a unit by the Flores decision," according to The Wall Street Journal. The 1997 Flores decision stated that children entering the U.S. without legal permission cannot be detained for more than 20 days.^[90]

Ur Jaddou, the director of DHS Watch at America’s Voice, disputed the White House's stance, saying, “Deliberately separating children from parents to sow fear in parents as a deterrence is unprecedented and beyond cruel. There are no ‘loopholes’ nor statutory requirements that children be ripped from their parents’ arms as a matter of routine practice.”^[90]

Questions raised about separation policy

In early June 2018, media attention to the policy increased, resulting in a series of reports by a variety of outlets. This increased attention prompted reactions from political figures, both Republican and Democratic.

On June 16, 2018, Senators Jeff Flake (R-Ariz.) and Susan Collins (R-Maine.) submitted a letter to Kirstjen Nielsen, Secretary of Homeland Security, and Alex Azar, Secretary of Health and Human Services, asking for additional information on U.S. policy regarding the separation of children from parents seeking asylum. "We write regarding the safety and security of young children immigrating to the United States. Secretary Nielsen recently appeared before the U.S. Senate and testified that immigrant parents and children who present themselves at U.S. ports of entry to request asylum will not be separated. Despite Secretary Nielsen's testimony, a number of media outlets have reported instances where parents and children seeking asylum at a port of entry have been separated."^[91]

On June 17, 2018, Secretary of Secretary of Homeland Security Kirstjen Nielsen made the following statement via Twitter: "This misreporting by Members, press & advocacy groups must stop. It is irresponsible and unproductive. As I have said many times before, if you are seeking asylum for your family, there is no reason to break the law and illegally cross between ports of entry. You are not breaking the law by seeking asylum at a port of entry. For those seeking asylum at ports of entry, we have continued the policy from previous Administrations and will only separate if the child is in danger, there is no custodial relationship between 'family' members, or if the adult has broken a law. DHS takes very seriously its duty to protect minors in our temporary custody from gangs, traffickers, criminals and abuse."^[92]

Some Democratic members of Congress disputed Nielsen's statement. Rep Joe Kennedy (D-Mass.) said, via Twitter, "If this isn't the White House policy, please tell the officials who I spoke with in Tornillo today who believe it is. Either own it or change it. Scratch that - just change it." Rep. David Cicilline (D-R.I.) said, also via Twitter, "This isn't true. I just met with officials at Border Patrol Processing Center in McAllen, Texas, who told me 1,147 children have been separated from parents at their facility."^[92]

On June 18, 2018, Sen. Dianne Feinstein (D-Calif.) said, "The pace of separations has increased — from nearly 50 to nearly 70 per day — despite widespread opposition throughout America. The White House appears deaf to the wellspring of opposition and deep concern about the welfare of children."^[93]

Trump calls for legislative action

On June 18, 2018, at a space policy event at the White House, President Donald Trump (R) said, "If the Democrats would sit down instead of obstructing, we could have something done very quickly. Good for the children, good for the country, good for the world."^[93] That same day, Attorney General Jeff Sessions (R) also called for a legislative solution whle speaking at the National Sheriffs' Association conference. He said, "President Trump has said this cannot continue. We do not want to separate parents from their children. If we build the wall, if we pass legislation to end the lawlessness, we won’t face these terrible choices. We will have a system where those who need to apply for asylum can do so and those who want to come to this country will apply legally. The American people are generous people who want our laws enforced. That is what we intend to do, and we ask Congress to be our partners in this effort."^[94]

On June 19, 2018, in remarks delivered at the National Federation of Independent Businesses 75th Anniversary Celebration in Washington, D.C., President Donald Trump (R) said, "Under current law, we have only two policy options to respond to this massive crisis: We can either release all illegal immigrant families and minors who show up at the border from Central America, or we can arrest the adults for the federal crime of illegal entry. Those are the only two options. ... So what I’m asking Congress to do is to give us a third option, which we have been requesting since last year — the legal authority to detain and promptly remove families together as a unit. We have to be able to do this. This is the only solution to the border crisis. We have to stop child smuggling. This is the way to do it."^[95]

Following Trump's comments, Senate Majority Leader Mitch McConnell (R-Ky.) told reporters, "I support, and all of the members of the Republican conference support, a plan to keep families together while their immigration status is determined. This requires a solution, a narrow agreement to fix a problem that we all agree needs to be fixed."^[96] According to The Washington Post, Senators John Cornyn (R-Texas) and Ted Cruz (R-Texas) were each drafting separate bills designed to address this issue.^[96] Senate Minority Leader Chuck Schumer (D-N.Y.) dismissed a legislative solution, saying, "Anyone who believes this Republican congress is capable of addressing this issue is kidding themselves. The president can end this crisis with the flick of his pen, and he needs to do so now."^[97]

May 1, 2018: Texas and six other states file lawsuit to end DACA

See also: Federal policy on DACA and DAPA, 2017-2020

On May 1, 2018, Texas and six other states filed a lawsuit against the Trump administration for continuing to administer the Deferred Action for Childhood Arrivals (DACA) program. The states argued that DACA is unlawful and requires them to spend more money on healthcare, law enforcement, and education. They also argued that DACA has resulted in increased competition for jobs in their states. Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia joined Texas in filing the lawsuit in the U.S. District Court for the Southern District of Texas.^[98]

Texas Attorney General Ken Paxton explained his decision to file the lawsuit, saying, "The multi-state coalition lawsuit we filed today is about the rule of law, not the wisdom of any particular immigration policy. The Constitution guarantees the American people the right to set their own immigration policies through their representatives in Congress. The federal executive branch lacks the power to unilaterally grant unlawfully present aliens lawful presence and work authorization."^[99]

In the lawsuit, Paxton argued that establishing DACA through an executive order was unconstitutional. The lawsuit stated, "The policy merits of immigration laws are debated in and decided by Congress. The Executive Branch does not exercise a lawmaking role. Its duty is to take care that the law is faithfully executed — substantive immigration law and procedural administrative law alike."^[99]

The lawsuit said that although the court "has authority to immediately rescind and cancel all DACA permits currently in existence because they are unlawful," the states would be satisfied if the federal government was ordered to stop issuing new permits and renewing existing ones. This would lead to the end of the program within two years as existing DACA permits expire.^[99]

April 24, 2018: Judge rules Trump administration must continue accepting new DACA applications

See also: Federal policy on DACA and DAPA, 2017-2020

On April 24, 2018, U.S. District Judge John Bates ruled that the Trump administration had to continue accepting new applications from individuals seeking benefits under the Deferred Action for Childhood Arrivals (DACA) program. Previous rulings only required the administration to process renewal requests. The order did not take effect immediately. The Trump administration had 90 days to explain its decision to end DACA.^[100]^[101]

Bates called the administration's cancellation of DACA “arbitrary and capricious” because he determined that the administration did not explain why the program was unlawful. He wrote, “Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program.”^[100]

Justice Department spokesman Devin O’Malley commented on the ruling, saying, “The Justice Department will continue to vigorously defend this position and looks forward to vindicating its position in further litigation.”^[100]

April 4, 2018: Trump signs memorandum to deploy troops to U.S.-Mexico border

On April 4, 2018, President Donald Trump signed a memorandum to deploy National Guard troops to the U.S.-Mexico border to combat "a drastic surge of illegal activity on the southern border." The memorandum stated, "The combination of illegal drugs, dangerous gang activity, and extensive illegal immigration not only threatens our safety but also undermines the rule of law. ... The situation at the border has now reached a point of crisis. The lawlessness that continues at our southern border is fundamentally incompatible with the safety, security, and sovereignty of the American people. My Administration has no choice but to act."^[25]

The day before issuing the memorandum, Trump said, “Until we can have a wall and proper security, we are going to be guarding our border with the military. That's a big step. We really haven't done that before, or certainly not very much before.”^[102]

Speaking about the memorandum, Homeland Security Secretary Kirstjen Nielsen said, “Border security is homeland security, which is national security. It’s not a partisan issue.” Nielsen told reporters that she and the governors from Arizona, California, New Mexico, and Texas were working out the details of the deployment. According to the Associated Press, "Trump’s order invoked a federal law called Title 32, under which governors retain command and control of Guard members from their state, with the federal government paying for the deployment."^[103]^[104]^[105]

When asked how many National Guardsmen he wanted to send to the border, Trump said, "Anywhere from 2,000 to 4,000. We’re looking at a combination of from 2,000 to 4,000. We’re moving that along. ... And we’ll probably keep them, or a large portion of them, until such time as we get the wall."^[106]

Rep. Francis Rooney (R-Fla.), a member of the House Foreign Affairs Committee, opposed the move, saying, “I don't feel really comfortable with the idea of deploying military troops and creating the possibility for an increase in violence and an escalation of the conflict."^[102]

Mario Carrillo, Texas director for America’s Voice, criticized the announcement, saying, “This is not only unnecessary, but it’s entirely wasteful and will only add more fear and uncertainty to what border residents already experience."^[105]

The previous two presidents sent guardsmen to the border for security purposes. From 2006 to 2008, President George W. Bush (R) deployed 6,000 National Guard troops to the southern border to assist the Border Patrol. In 2010 and 2011, President Barack Obama (D) sent about 1,200 guardsmen to the U.S.-Mexico border as well. According to The Wall Street Journal, “During those deployments, the troops helped augment the Border Patrol while that agency worked to add additional agents and construct new fencing. The troops, which were there mostly for training, were barred from law-enforcement activities but helped repair equipment and monitor surveillance cameras and sensors. Active-duty troops also have been sent to the border from time to time, primarily for training activities.”^[107]

During a meeting on April 3, 2018, Trump and top administration officials also discussed the administration’s strategy to address “the growing influx of illegal immigration, drugs and violent gang members from Central America," according to White House press secretary Sarah Huckabee Sanders. She added that administration officials “agreed on the need to pressure Congress to urgently pass legislation to close legal loopholes exploited by criminal trafficking, narco-terrorist and smuggling organizations.”^[108]

Responses from governors

Support

Arizona Governor Doug Ducey (R) supported the decision, writing in a tweet, “Washington has ignored this issue for too long and help is needed.”^[105]

New Mexico Governor Susana Martinez (R) said that she was supportive of the deployment.^[105]

Texas Governor Greg Abbott (R) supported the decision, saying, “Today’s action by the Trump Administration reinforces Texas’ longstanding commitment to secure our southern border and uphold the rule of law.”^[105]

North Dakota Governor Doug Burgum said his state would “answer the call. We North Dakotans know from experience how critical it is for states to support each other in times of need."^[103]

Oppose

Nevada Governor Brian Sandoval's (R) spokeswoman, Mary-Sarah Kinner, said Sandoval throught the mission would not be “an appropriate use” of the Nevada Guard.^[103]

Oregon Governor Kate Brown (D) said she would not send guardsmen to the border. She wrote in a tweet, "As commander of Oregon’s Guard, I’m deeply troubled by Trump’s plan to militarize our border."^[103]

California Governor Jerry Brown (D) did not immediately comment on the move. Lt. Col. Tom Keegan of the California National Guard said the administration’s request “will be promptly reviewed to determine how best we can assist our federal partners.”^[105]

April 2, 2018: Justice Department announces quotas for immigration judges

On April 2, 2018, the U.S. Department of Justice announced quotas for immigration judges aimed at shortening the backlog of immigration cases. The quota requires judges to close 700 cases per year. Critics of the new policy argued that the quota system will prevent defendants from acquiring enough evidence to support their cases.^[109]

March 28, 2018: Trump shares photos of construction on U.S.-Mexico border

On March 28, 2018, President Donald Trump tweeted photos of a construction site in Calexico, California, writing that it was the start of construction on his proposed wall along the U.S.-Mexico border. Secretary of Homeland Security Kirstjen Nielsen shared the tweet, adding that the “30ft wall will help secure the area near Calexico, CA.” Border Patrol officials in California said that the construction seen in President Trump’s tweets had been planned since 2009.^[110]

March 20, 2018: Trump claims sanctuary cities harbor criminals

On March 20, 2018, President Donald Trump spoke at a law enforcement roundtable and commented on sanctuary cities, saying “They’re causing a lot of problems for this country.” Trump said that immigrants who came into the U.S. illegally “go into those sanctuary cities when they see them; they go there because they feel they’re safe,” and subsequently commit crimes.^[111]

March 13, 2018: Trump visits border wall prototypes in California

On March 13, 2018, President Donald Trump went to the desert outside of San Diego, California, to view mock-ups of his proposed wall along the U.S.-Mexico border. Several construction companies from Alabama, Mississippi, Arizona, Maryland, and Texas were given bids to build prototypes made from concrete and other materials. Shortly before President Trump’s arrival in California, Gov. Jerry Brown (D) criticized the project, saying, “In California we are focusing on bridges, not walls.” President Trump responded by tweeting that “the $18 billion wall will pay for itself by curbing the importation of crime, drugs and illegal immigrants who tend to go on the federal dole.”^[112]

March 6, 2018: DOJ files lawsuit against California's immigration laws

On March 6, 2018, the U.S. Department of Justice (DOJ) filed a lawsuit against the State of California, Governor of California Jerry Brown, and Attorney General of California Xavier Becerra for passing three state laws—Assembly Bill 450, Senate Bill 54, and Assembly Bill 103—that the DOJ said prevent officials from enforcing federal immigration law. The DOJ is asking a federal judge to block the implementation of the laws.^[113]

According to a DOJ press release, "The complaint contends that the laws in question are preempted by federal law and impermissibly target the Federal Government, and therefore violate the Supremacy Clause of the United States Constitution. As a result, the Justice Department is seeking to permanently enjoin these state statutes, which are contrary to federal law and interfere with federal immigration authorities’ ability to carry out their lawful duties."^[113]

The lawsuit targets the following California state laws:

California SB 54: According to the DOJ, the law "restricts state and local law enforcement officials from providing information to federal immigration authorities about the release date of removable criminal aliens who are in their custody. These criminal aliens are subject to removal from the United States under federal immigration law. ... SB 54 also violates 8 USC 1373, a law enacted by Congress, which promotes information sharing related to immigration enforcement. The state law also prohibits the actual transfer of criminal aliens to federal custody, which creates a dangerous operating environment for ICE agents executing arrests in non-custodial settings."

California AB 450: According to the DOJ, the law "prohibits private employers from voluntarily cooperating with federal immigration officials—including officials conducting worksite enforcement efforts and other enforcement operations. It also requires that private employers notify employees in advance of a potential worksite enforcement inspection—despite clear federal law that has been on the books for approximately three decades that has no such requirements."

California AB 103: According to the DOJ, the law "imposes a state-run inspection and review scheme of the federal detention of aliens held in facilities pursuant to federal contracts. This includes review of immigration processes and the circumstances in which aliens were apprehended, and also requires access to privileged federal records that are under ICE’s control. With this law, California is trying to regulate federal immigration detention, which it cannot do under the Constitution."

Speaking about the lawsuit, Secretary of Homeland Security Kirstjen Nielsen said, “Our duty at the Department of Homeland Security is to enforce and uphold the nation’s security laws as passed by the U.S. Congress and signed by the President. California has chosen to purposefully contradict the will and responsibility of the Congress to protect our homeland. I appreciate the efforts of Attorney General Jeff Sessions and the Department of Justice to uphold the rule of law and protect American communities.”^[113]

Brown responded to the lawsuit on Twitter, writing, “At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!”^[114]

Becerra also weighed in, saying, “In California, our state laws work in concert with federal law. Our teams work together to go after drug dealers and go after gang violence. What we won’t do is change from being focused on public safety. We’re in the business of public safety, not deportation.”^[114]

On March 7, 2018, during a speech at the Annual Law Enforcement Legislative Day hosted by the California Peace Officers' Association, Attorney General Jeff Sessions discussed California's immigration laws and the lawsuit filed by the DOJ. He said, "California is using every power it has—and some it doesn’t—to frustrate federal law enforcement. So you can be sure I’m going to use every power I have to stop them. ... We are going to fight these irrational, unfair, and unconstitutional policies that have been imposed on you and our federal officers. We are fighting to make your jobs safer and to help you reduce crime in America. We are fighting to have a lawful system of immigration that serves Americans. And we intend to win."^[115]

February 27, 2018: Federal judge rules administration did not improperly waive regulations for wall construction

On February 27, 2018, U.S. District Judge Gonzalo Curiel ruled in favor of the Trump administration in a case filed by the state of California regarding environmental regulation waivers for the construction the U.S.-Mexico border wall. California Attorney General Xavier Becerra (D) argued that the U.S. Department of Homeland Security improperly waived environmental and immigration regulations, including the National Environmental Policy Act, to expedite construction of the wall. Judge Curiel sided with the Trump administration, writing that he did not have “serious constitutional doubts” about the administration’s use of waivers.^[116]

February 26, 2018: SCOTUS denies Trump administration's request to review DACA case

On February 26, 2018, the U.S. Supreme Court (SCOTUS) denied the Trump administration's request to immediately review a U.S. district court's ruling that temporarily blocked the administration's September 2017 order ending the Deferred Action for Childhood Arrivals (DACA) program. The district court issued a preliminary injunction on February 13, 2018, and the Trump administration appealed directly to the Supreme Court rather than to the circuit court of appeals. The Supreme Court denied the order without prejudice, meaning that the administration may appeal again after the circuit court of appeals has a chance to consider the case.^[117]

Under the Trump administration's September order, the DACA program was supposed to end on March 5, 2018. The Supreme Court's refusal to hear the appeal leaves the district court's ruling blocking that recession in place for now. Federal judges in San Francisco and New York issued preliminary injunctions requiring the Trump administration to continue renewing DACA permits. While the cases against the Trump administration work their way through the courts, DACA recipients can continue to renew their permits to live, work, and go to school in the U.S. The permits are issued for two-year periods. Without the injunctions, DACA recipients would have lost their benefits after their individual permits expired following the stated March 5, 2018, end date for the program.^[118]^[119]

White House deputy press secretary Raj Shah commented on SCOTUS’ decision saying, “The district judge’s decision unilaterally to re-impose a program that Congress had explicitly and repeatedly rejected is a usurpation of legislative authority. The fact that this occurs at a time when elected representatives in Congress are actively debating this policy only underscores that the district judge has unwisely intervened in the legislative process. We look forward to having this case expeditiously heard by the appeals court and, if necessary, the Supreme Court, where we fully expect to prevail.”^[120]

February 15, 2018: Senate rejects four immigration reform proposals

On February 15, 2018, the Senate began voting on a series of immigration bills aimed at finding a legislative fix for the expiring Deferred Action for Childhood Arrivals (DACA) program and border security measures. All of the measures failed to earn enough support for passage.

By a vote 52-47, the Senate rejected a measure from Sens. Chris Coons (D-Del.) and John McCain (R-Ariz.) that proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children and included a study to determine what border security measures were needed. It also proposed requiring the U.S. Department of Homeland Security (DHS) to secure the U.S.-Mexico border by 2021. It did not include any funding for border security. The motion needed 60 votes to proceed to a vote on the final bill.^[121]^[122]

The Senate also rejected an amendment from Sen. Pat Toomey (R-Pa.) that proposed withholding “certain non-law enforcement federal grant funds from ‘sanctuary cities’ -- jurisdictions that forbid their local law enforcement officers from cooperating with federal immigration officials, even when they wish to do so,” according to a press release from Toomey’s office. The legislation was rejected by a vote of 54-45. Sixty votes were needed to overcome the procedural hurdle.^[123]^[124]

By a vote of 54-45, the Senate rejected a bipartisan proposal from the Common Sense Coalition, a group of centrist senators, that proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, and limitations on family-based immigration. President Donald Trump threatened to veto the legislation because it did not include all of his immigration reform priorities. Sixty votes were needed to overcome the procedural hurdle.^[125]^[126]

By a vote of 40-59, the Senate rejected a proposal from Sen. Chuck Grassley (R-Iowa) that included President Donald Trump's four immigration reform pillars. It proposed a path to citizenship for 1.8 million individuals brought into the U.S. without legal permission as children, $25 billion for border security, limits on chain migration or family-based migration, and eliminating the visa lottery system.^[127]

The following Republican senators voted against the proposal:

Sen. John Barrasso (R-Wyo.)
Sen. Susan Collins (R-Maine)
Sen. Ted Cruz (R-Texas)
Sen. Steve Daines (R-Mont.)
Sen. Mike Enzi (R-Wyo.)
Sen. Jeff Flake (R-Ariz.)
Sen. Jim Inhofe (R-Okla.)
Sen. John Kennedy (R-La.)
Sen. Mike Lee (R-Utah)
Sen. Jerry Moran (R-Kan.)
Sen. Lisa Murkowski (R-Alaska)
Sen. Rand Paul (R-Ky.)
Sen. Ben Sasse (R-Neb.)
Sen. John Thune (R-S.D.)

After the votes, it was unclear how Congress would address DACA and other immigration reform measures.

January 31, 2018: Trump administration announces new process for asylum applications

On January 31, 2018, the Trump administration said that it would return to the process of reviewing the most recent applications for asylum, instead of the order in which they were received. In December 2014, the Obama administration changed the policy to prioritize the oldest cases first. The new process requires U.S. Citizenship and Immigration Services agents to first process applications in which an interview had to be rescheduled and applications that have been pending for 21 days or fewer. Then, applications starting with the newest and working back to the oldest will be processed.^[128]

L. Francis Cissna, director of U.S. Citizenship and Immigration Services, commented on the change in policy in the following statement: “Delays in the timely processing of asylum applications are detrimental to legitimate asylum seekers. Lingering backlogs can be exploited and used to undermine national security and the integrity of the asylum system.”^[128]

According to The Wall Street Journal, “The backlog—which now stands at 311,000 pending cases—allows new unauthorized border crossers to stay in the U.S. if they can pass a test showing they have a ‘credible fear’ of persecution in their home countries. Many of these migrants turn themselves into border-patrol agents, believing they will be allowed to stay. The Trump administration argues that many of their claims are fraudulent and is seeking to discourage them from crossing.”^[128]

Greg Chen of the American Immigration Lawyers Association criticized the move, saying, “This is another blow to Lady Liberty and to America’s commitment to ensure those facing persecution are not returned to life-threatening persecution and violence.”^[128]

January 25, 2018: Trump administration releases initial framework for immigration plan

On January 25, 2018, the Trump administration released an immigration plan that would allow as many as 1.8 million individuals who were brought into the U.S. without legal permission as children U.S. citizenship in exchange for $25 billion in border security, including a border wall, and other changes to the immigration system.^[129]^[130]^[131]

Senior White House adviser Stephen Miller discussed President Donald Trump's decision to offer citizenship to individuals known as Dreamers, saying, “The president has indicated a willingness to extend citizenship to 1.8 million individuals as part of this immigration reform package. That would be the DACA population, plus individuals who failed to apply for DACA but otherwise met the requirements, as well as adjustments in timeframe that would bring the total maximum population size to 1.8 million.”^[131]

The immigration plan included:^[129]^[130]^[131]

A path to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients, as well as those who were eligible but did not apply for legal status. The administration estimated that it would take 10-12 years for these individuals to earn citizenship.

A $25 billion trust fund for a wall on the U.S.-Mexico border, new security on the U.S.-Canada border, more border agents, and more immigration judges. According to The Hill, "The money would be kept in a trust fund so it could not be clawed back by future Congresses."

Limiting chain migration or family-based migration. Spouses and minor children of U.S. citizens would still be eligible to migrate to the U.S., but parents and siblings would not.

Eliminating the visa lottery system, an immigrant visa program for people from countries with historically low rates of immigration to the U.S.

The Trump administration was expected to ask members of the Senate to use his immigration plan to draft legislation.

Sen. Tim Kaine (D-Va.) said that he did not like the price tag for the border wall but would be willing to fund it in exchange for Dreamers being granted a path to citizenship. He said, “I don’t think that’s the best way to spend money but look if I can get protection for Dreamers, I’m prepared to do some things that I don’t think are exactly the best."^[131]

Sen. Ted Cruz (R-Texas) criticized the plan, saying, “I do not believe we should be granting a path to citizenship to anybody here illegally. Doing so is inconsistent with the promises we made to the men and women who elected us.”^[130]

Trump’s immigration framework was criticized by outside groups and news outlets on both ends of the political spectrum. Breitbart News, a conservative news and opinion website, called the framework "Don's Amnesty Bonanza." CREDO Action, a progressive group, called the framework a "white supremacist’s wish list."^[132]

According to a Cato Institute study conducted by David Bier and Stuart Anderson, Trump's immigration plan "would cut the number of legal immigrants by up to 44 percent or half a million immigrants annually—the largest policy-driven legal immigration cut since the 1920s. Compared to current law, it would exclude nearly 22 million people from the opportunity to immigrate legally to the United States over the next five decades."^[133]

For an overview of all executive and legislative actions taken on immigration under the Trump administration, click here.

Immigration policy areas

Immigration policy overview

Border security

DACA and DAPA

Sanctuary jurisdictions

Syrian refugees

Trump administration officials on immigration

See also: Trump administration officials on immigration

Donald Trump

	Federal policy on immigration, 2017-2020
	For more on immigration policy, view the following articles:
	•Timeline of federal policy on immigration, 2017-2020
	•115th Congress on immigration, 2017-2018
	•Federal policy on border security, 2017-2019
	•Federal policy on DACA and DAPA, 2017-2020
	•Federal policy on immigration enforcement and visa programs, 2017-2020
	•Federal policy on sanctuary jurisdictions, 2017-2018
	•Sens. Cotton and Perdue's Reforming American Immigration for a Strong Economy Act
	•Trump administration officials on immigration
	•Immigration policy in the U.S.

President Donald Trump

On September 25, 2018, President Donald Trump delivered a speech at the 73rd Session of the United Nations General Assembly that focused on his "America First" foreign policy vision. He spoke about immigration, saying, “We recognize the right of every nation in this room to set its own immigration policy in accordance with its national interests, just as we ask other countries to respect our own right to do the same — which we are doing. That is one reason the United States will not participate in the new Global Compact on Migration. Migration should not be governed by an international body unaccountable to our own citizens. Ultimately, the only long-term solution to the migration crisis is to help people build more hopeful futures in their home countries. Make their countries great again.”^[134]

During an interview with The Wall Street Journal on January 14, 2018, Trump was asked if he would sign a comprehensive immigration bill that included a path to citizenship for those living in the country illegally. He said, “Well, I’m not talking amnesty at all. I’m not talking amnesty at all, that’s the other thing. No, I think my base is with me. My base feels that these 800 thousand young people should not be thrown out of the country, OK? My base is with me and now I you know; and I think my base actually gets bigger. And I’m not doing it because of the base or anything else, I’m doing it from the standpoint of heart, I’m doing it from the standpoint of common sense. I’m doing it from another standpoint too. You have a lot of people of those 800, they work hard, they have jobs. We need workers in this country; we need people to come in and work because I have a lot of companies moving in.”^[135]

At a fundraising on January 18, 2017, Trump said that the immigration system should be partially merit-based. "We want people to come into our country who are going to love us and respect us," he added.^[136]

Border security

On April 3, 2018, before a working lunch with the heads of the Baltic States, Trump discussed a caravan of people from Central America who were seeking asylum in the U.S. and border security policies. He said, “And when this caravan came in — and this is a caravan of a lot of people coming in — in this case, from Honduras. If it reaches our border, our laws are so weak and so pathetic, you would not understand this because — I know how strong your laws are at the border. It’s like we have no border because we had Obama make changes. President Obama made changes that basically created no border. It’s called catch-and-release. You catch them, you register them, they go into our country and we can’t throw them out. And, in many cases, they shouldn’t be here. In many, many cases, they shouldn’t be here. And after they get whatever happens over the next two or three years, they’re supposed to come back to court. Almost nobody comes back to court. They’re in our country, and we can’t do anything about it because the laws that were created by Democrats are so pathetic and so weak. So I told Mexico — and I respect what they did — I said, look, your laws are very powerful; your laws are very strong. We have very bad laws for our border, and we are going to be doing some things — I’ve been speaking with General Mattis — we’re going to be doing things militarily. Until we can have a wall and proper security, we’re going to be guarding our border with the military.”^[137]

During an interview with The Wall Street Journal on January 14, 2018, Trump discussed how he could make Mexico pay for a border wall. He said, “They can pay for it through, as an example, they can pay for it indirectly through Nafta. OK? You know, we make a good deal on Nafta, say I’m going to take a small percentage of that money and it’s going to go toward the wall. Guess what? Mexico’s paying. Now Mexico may not want to make the Nafta deal and which is OK, then I’ll terminate Nafta…which I think would be frankly a positive for our country. I don’t think it’s a positive for Mexico, I don’t think it’s a positive for the world. But it’s a positive for our country because I’d make a much better deal. There is no deal that I can make on Nafta that’s as good as if I terminate Nafta and make a new deal. OK? But I feel that we have a chance of making a reasonable deal, the way it is now.”^[138]

During the same interview, Trump discussed his vision for a border wall. He said, “The wall’s never meant to be 2,100 miles long. We have mountains that are far better than a wall, we have violent rivers that nobody goes near, we have areas… But, you don’t need a wall where you have a natural barrier that’s far greater than any wall you could build, OK? Because somebody said oh, he’s going to make the wall smaller. I’m not going to make it smaller. The wall was always going to be a wall where we needed it. And there are some areas that are far greater than any wall we could build. So, maybe someday somebody could make that clear, Sarah, will you make that clear please? I saw on television, Donald Trump is going to make the wall smaller; no, the wall’s identical. The other thing about the wall is we’ve spent a great deal of time with the Border Patrol and with the ICE agents and they know this stuff better than anybody, they’re unbelievable. They both endorsed me, the only time they’ve ever endorsed a presidential candidate, OK? And they endorsed us unanimously. I had meetings with them, they need see-through. So, we need a form of fence or window. I said why you need that—makes so much sense? They said because we have to see who’s on the other side. If you have a wall this thick and it’s solid concrete from ground to 32 feet high which is a high wall, much higher than people planned. You go 32 feet up and you don’t know who’s over here. You’re here, you’ve got the wall and there’s some other people here.”^[138]

On January 9, 2018, during a meeting on immigration with a group of bipartisan members of Congress, Trump was asked if there would be any agreement on DACA without a border wall. Trump said, “No, there wouldn’t be. You need it. John, you need the wall. I mean, it’s wonderful — I’d love not to build the wall, but you need the wall. And I will tell you this, the ICE officers and the Border Patrol agents — I had them just recently on — they say, if you don’t have the wall — you know, in certain areas, obviously, that aren’t protected by nature — if you don’t have the wall, you cannot have security. You just can’t have it. It doesn’t work. And part of the problem we have is walls and fences that we currently have are in very bad shape. They’re broken. We have to get them fixed or rebuilt. But, you know, you speak to the agents, and I spoke to all of them. I spoke — I lived with them. They endorsed me for President, which they’ve never done before — the Border Patrol agents and ICE. They both endorsed Trump. And they never did that before. And I have a great relationship with them. They say, sir, without the wall, security doesn’t work; we’re all wasting time. Now, that doesn’t mean 2,000 miles of wall because you just don’t need that because of nature, because of mountains and rivers and lots of other things. But we need a certain portion of that border to have the wall. If we don’t have it, you can never have security. You could never stop that portion of drugs that comes through that area. Yes, it comes through planes and lots of other ways and ships. But a lot of it comes through the southern border. You can never fix the situation without additional wall. And we have to fix existing wall that we already have."^[139]

At a rally in Phoenix, Arizona on August 22, 2017, President Trump discussed the building and funding of the proposed border wall, stating, "We are building a wall on the southern border which is absolutely necessary. The obstructionist Democrats would like us not to do it. But believe me, if we have to close down our government, we're building that wall."^[140]

DACA

On April 1, 2018, in a series of tweets, Trump wrote, "Border Patrol Agents are not allowed to properly do their job at the Border because of ridiculous liberal (Democrat) laws like Catch & Release. Getting more dangerous. 'Caravans' coming. Republicans must go to Nuclear Option to pass tough laws NOW. NO MORE DACA DEAL! Mexico is doing very little, if not NOTHING, at stopping people from flowing into Mexico through their Southern Border, and then into the U.S. They laugh at our dumb immigration laws. They must stop the big drug and people flows, or I will stop their cash cow, NAFTA. NEED WALL! These big flows of people are all trying to take advantage of DACA. They want in on the act! Mexico has the absolute power not to let these large 'Caravans' of people enter their country. They must stop them at their Northern Border, which they can do because their border laws work, not allow them to pass through into our country, which has no effective border laws. Congress must immediately pass Border Legislation, use Nuclear Option if necessary, to stop the massive inflow of Drugs and People. Border Patrol Agents (and ICE) are GREAT, but the weak Dem laws don’t allow them to do their job. Act now Congress, our country is being stolen! DACA is dead because the Democrats didn’t care or act, and now everyone wants to get onto the DACA bandwagon... No longer works. Must build Wall and secure our borders with proper Border legislation. Democrats want No Borders, hence drugs and crime! Mexico is making a fortune on NAFTA...They have very strong border laws - ours are pathetic. With all of the money they make from the U.S., hopefully they will stop people from coming through their country and into ours, at least until Congress changes our immigration laws!"^[141]

During an interview with The Wall Street Journal on January 14, 2018, Trump was asked about a potential DACA deal. He said, “I have great feeling for DACA. I think that we should be able to do something with DACA. I think it’s foolish if we don’t, they’ve been here a long time, they’re no longer children, you know. People talk of them as children, I mean some are 41 years old and older. But some are in their teens, and late teens, but nevertheless I think we should do something with DACA and I think we should do something to help people. It wasn’t their fault, their parents came in, it wasn’t their fault. So we’re in the process of trying to work something out. I hope we can do it.”^[142]

In his official statement on the rescission of DACA, President Donald Trump (R) said that the legislative branch should write the United States' immigration laws and that he looked forward to working with Congress on the issue. He said, "The legislative branch, not the executive branch, writes these laws – this is the bedrock of our Constitutional system, which I took a solemn oath to preserve, protect, and defend. I look forward to working with Republicans and Democrats in Congress to finally address all of these issues in a manner that puts the hardworking citizens of our country first. As I've said before, we will resolve the DACA issue with heart and compassion – but through the lawful Democratic process – while at the same time ensuring that any immigration reform we adopt provides enduring benefits for the American citizens we were elected to serve."

In an interview with the Associated Press on April 21, 2017, Trump said that the deportation of individuals brought into the U.S. illegally as children was not a priority of his immigration policies. Trump said that his administration was "not after the dreamers, we are after the criminals." When asked to comment on the deportation of Juan Manuel Montes, who qualified for deferred deportation, the previous week, Trump said that Montes' case was different. He did not provide additional details.^[143]

Trump discussed his vision for a new immigration bill on February 28, 2017, telling reporters at the White House that he wanted to permit some individuals residing in the U.S. illegally to remain in the country, working and paying taxes. The bill would not include a path to citizenship, although Trump indicated there could be an exception for children brought illegally into the country. "The time is right for an immigration bill as long as there is compromise on both sides," he said.^[144]

In an interview with TIME released in December 2016, Donald Trump indicated that he would create some relief for individuals brought to the United States illegally as children. "We’re going to work something out that’s going to make people happy and proud. They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen," he said.^[145]

Immigration enforcement and visa programs

In an interview with 60 Minutes on November 13, 2016, Trump said that immigration would be one of his top three priorities at the start of his presidency. Trump said he planned to target criminals to deport. "What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate. But we’re getting them out of our country, they’re here illegally. After the border is secured and after everything gets normalized, we’re going to make a determination on the people that you’re talking about who are terrific people," he said. Trump also said he would accept fencing along portions of the United States-Mexico border, but added that in "certain areas, a wall is more appropriate. I’m very good at this, it’s called construction."^[146]

On December 22, 2016, former Trump campaign manager Kellyanne Conway said that Trump would not impose an immigration ban on Muslims or use religion as a trigger for heightened security. "You're going back to over a year ago in what he said about the [Muslim] ban versus what he said later about it, when he made it much more specific and talked about countries where we know that they've got a higher propensity of training and exporting terrorists," she said.^[147]

On November 21, 2016, Trump released a video message summarizing six priorities for his administration in its first 100 days. On immigration, Trump said that he would "direct the Department of Labor to investigate all abuses of visa programs that undercut the American worker."^[148]

Sanctuary jurisdictions

On February 22, 2018, Trump threatened to remove all Immigration and Customs Enforcement (ICE) agents from California for the state's sanctuary jurisdiction status. He said, "The level of, in this country who would ever believe something like this could happen but we're literally getting MS-13 out by the thousands. But they come in. These are smart they're smart. They actually have franchises going to Los Angeles. We're getting no help from the state of California. I mean frankly, if I wanted to pull our people from California you would have a crime nest like you've never seen in California. All I'd have to do is say ICE and Border Patrol, let California alone. You'd be inundated. You would see crime like nobody's ever seen a crime in this country and yet we get no help from the state of California. They are doing a lousy management job. They have the highest taxes in the nation and they don't know what's happening out there. It's a, it's a, frankly, it's a disgrace. The sanctuary city situation, the protection of these horrible criminals, you know because you're working on it, and the protection of these horrible criminals in California and other places but in California, that if we ever pulled our ICE out if we ever said, hey let California alone, let them figure it out for themselves, in two months they'd be begging for us to come back. They would be begging. And you know what, I'm thinking about doing it."^[149]

Kirstjen Nielsen

Secretary of Homeland Security Kirstjen Nielsen

Border security

On January 9, 2018, during a meeting on immigration with a group of bipartisan members of Congress at the White House, Nielsen spoke about border security, saying, “The reason that border security is so important to have as part of this discussion is that it doesn’t solve the problem if we can apprehend people but we can’t remove them. So we need the wall system, which is some physical infrastructure as the President described — personnel and technology — but we have to close those legal loopholes, because the effect is that is this incredible pull up from Central America that just continues to exacerbate the problem. So border security has to be part of this or we will be here again in three, four, five years again — maybe, unfortunately, sooner. The other point I would just make is, the President asked DHS — he asked the men and women of DHS, what do you need to do your job? Congress and the American people have entrusted to you, the security of our country. What is it that you need? The list that we have provided is what we need to do our mission that you asked us to do. It’s not less than, it’s not more than; it is what we need to close those loopholes to be able to protect our country. So I would just encourage — everyone, much more eloquently than I can, described all the reasons why we all, I think, are committed to helping the DACA population. But to truly solve the problem, it’s got to be in conjunction with border security.^[139]

John Kelly

White House Chief of Staff John Kelly

Border security

During an interview on April 16, 2017, with NBC’s Chuck Todd, Kelly discussed securing the border. He said, “Chuck, you really do have to secure the border somehow, first and foremost. The very, very, very good news is, for a lot of different reasons, the number of illegal aliens that are moving up from the south has dropped off precipitously. I mean we're down 65%, 70% in the last two months. These are the months that we should see a steep incline in illegal movement. It's down, as I say, by almost 70%.”^[150]

When asked if he thought Trump’s rhetoric about getting tougher on border security contributed to the drop in illegal border crossings, Kelly said, “Well, certainly. … Absolutely. And some of the other things we've done on the border. I mean just my going down to the border on several occasions. You know that Jeff Sessions, the attorney general, was just down there. The attention being paid to the border certainly has injected into those people-- and the vast majority of them are good people from Central America. But it's injected enough confusion in their minds, I think, and they're just waiting to see what actually does happen.”^[150]

On March 8, 2017, Kelly released a statement on a report that showed a decline in illegal border crossing. According to Kelly, "From January to February, the flow of illegal border crossings as measured by apprehensions and the prevention of inadmissible persons at our southern border dropped by 40 percent. The drop in apprehensions shows a marked change in trends. Since the Administration’s implementation of Executive Orders to enforce immigration laws, apprehensions and inadmissible activity is trending toward the lowest monthly total in at least the last five years. This change in the trend line is especially significant because CBP historically sees a 10-20 percent increase in apprehensions of illegal immigrants from January to February. Instead, this year we saw a drop from 31,578 to 18,762 persons - a 40 percent decline. This is encouraging news as in the period from Oct 1, 2016 to the Presidential inauguration, U.S. Customs and Border Protection reported 157,000 apprehensions of illegal immigrants – a 35 percent increase over the previous fiscal year, with family units increasing by more than 100 percent. However, since President Trump took office on January 20, we have seen a dramatic drop in numbers."^[151]

During an interview in November 2016, Kelly discussed Trump’s plan to build a Mexican border wall as one possible part of a border policy. Kelly said, “I think you have to have — we have a right to protect our borders, whether they’re seaward, coastlines, or land borders. We have a right to do that. Every country has a right to do that. Obviously, some form of control whether it's a wall or a fence. But if the countries where these migrants come from have reasonable levels of violence and reasonable levels of economic opportunity, then the people won’t leave to come here.”^[152]

While speaking before the Senate Armed Services Committee in March 2015, Kelly said, “I believe we are overlooking a significant security threat. Despite the heroic efforts of our law enforcement colleagues, criminal organizations are constantly adapting their methods for trafficking across our borders. While there is not yet any indication that the criminal networks involved in human and drug trafficking are interested in supporting the efforts of terrorist groups, these networks could unwittingly, or even wittingly, facilitate the movement of terrorist operatives or weapons of mass destruction toward our borders, potentially undetected and almost completely unrestricted.”^[153]

During an interview in 2014, Kelly discussed the threat of "illegal drugs, weapons and people from Central America." He said, “In comparison to other global threats, the near collapse of societies in the hemisphere with the associated drug and [undocumented immigrant] flow are frequently viewed to be of low importance. Many argue these threats are not existential and do not challenge our national security. I disagree. ... All this corruption and violence is directly or indirectly due to the insatiable U.S. demand for drugs, particularly cocaine, heroin and now methamphetamines, all of which are produced in Latin America and smuggled into the U.S. along an incredibly efficient network along which anything – hundreds of tons of drugs, people, terrorists, potentially weapons of mass destruction or children – can travel, so long as they can pay the fare.”^[154]

Jeff Sessions

Attorney General Jeff Sessions

On March 7, 2018, during a speech at the Annual Law Enforcement Legislative Day hosted by the California Peace Officers' Association, Sessions discussed federal immigration law. He said, "We are a strong, prosperous, and orderly nation. And such a nation must have a lawful system of immigration. I am not aware of any advanced nation that does not understand this fundamental tenet. And let no one contend that we reject immigration and want to 'wall off America' from all lawful immigration. President Trump and the American people know what’s happening. We admit 1.1 million immigrants lawfully to permanent legal status—green card status—every year, the highest numbers in the world. Indeed, at this unprecedented rate we will soon have the largest percentage of non-native born in our nation’s history with the percentage continuing to rise every year thereafter. Thus, the good and decent people of this country are right to insist that this country should end the illegality, create a rational immigration flow, and protect the nation from criminal aliens. It cannot be that someone who illegally crosses the border and two days later arrives in Sacramento, Dubuque, Louisville, and Central Islip is home free—never to be removed. It cannot be the policy of a great nation to up and reward those who unlawfully enter its country with legal status, Social Security, welfare, food stamps, and work permits. Meanwhile those who engage in this process lawfully and patiently and wait their turn are discriminated against at every turn. Most Americans get this. They are working hard to make ends meet, follow the rules, and try to keep their loved ones safe."^[115]

DACA

During a press briefing announcing the rescission of the Deferred Action for Childhood Arrivals (DACA) program, Sessions said, "Simply put if we are to further our goal of strengthening the constitutional order and rule of law in America, the Department of Justice cannot defend this overreach."^[155]

Sanctuary jurisdictions

On March 7, 2018, during a speech at the Annual Law Enforcement Legislative Day hosted by the California Peace Officers' Association, Sessions discussed California's immigration laws and the state's sanctuary jurisdiction status. His comments appear below.^[115]

Sessions on the mayor of Oakland notifying residents that there would be an ICE raid: "The mayor of Oakland has been actively seeking to help illegal aliens avoid apprehension by ICE. Her actions support those who flout our laws and boldly validate the illegality. There’s no other way to interpret her remarks. To make matters worse, the elected Lieutenant Governor of this state praised her for doing so. Bragging about and encouraging the obstruction of our law enforcement and the law is an embarrassment to this proud and important state. Tom Homan, Acting Director of ICE has said that 'being a law enforcement officer is already dangerous enough, but to give the criminals a heads up that we're coming in the next 24 hours increases that risk. I watch [the mayor’s] statement when she said her priority is the safety of her community, but what she did has the exact opposite effect.' According to Acting Director Homan, ICE failed to make 800 arrests that they would have made if the mayor had not acted as she did. Those are 800 wanted aliens that are now at large in that community—most are wanted criminals that ICE will now have to pursue with more difficulty in more dangerous situations, all because of one mayor’s irresponsible action. So here’s my message to Mayor Schaaf: How dare you. How dare you needlessly endanger the lives of law enforcement just to promote your radical open borders agenda."

Sessions on California enacting certain immigration laws: "In recent years, California has enacted a number of laws designed to intentionally obstruct the work of our sworn immigration enforcement officers—to intentionally use every power it has to undermine duly-established immigration law in America. California won’t let employers voluntarily allow ICE agents on their property. And California requires employers to give notice to employees before ICE inspects their workplace. When this law was before the California General Assembly, a Judiciary Committee report explicitly stated that its goal was to frustrate 'an expected increase in federal immigration enforcement actions.' ICE agents are federal law enforcement officers carrying out federal law. California cannot forbid them or obstruct them in doing their jobs. ... And just think about the situation it puts California employers in. They want to help law enforcement. They want to do their civic duty. We ought to encourage that. But your state attorney general has repeatedly said his office will prosecute these business owners. Let me quote: 'ignorance of the law is no excuse if you violate it' and 'you are subjecting yourself to up to $10,000 [in fines] for violations.'"

Session on California impeding the work of ICE agents: "California has also claimed the authority to inspect facilities where ICE holds people in custody. Already this year, California has specifically and in a discriminatory manner targeted six facilities and demanded documents and other material from the Department of Homeland Security. California won’t let law enforcement officers like you transfer prisoners into ICE custody or even communicate with ICE that you’re about to release someone they’re looking for. Remember that California found these people dangerous enough to detain them in the first place, but then insists on releasing them back into the community instead of allowing federal officers to remove them. And rather than allow ICE officers to do their jobs at the jailhouse, they force these officers to conduct far more dangerous arrests elsewhere—where violent criminals may reside and where children can be caught in the crossfire. That’s not just unconstitutional, it’s a plain violation of federal statute and common sense. Importantly, these laws are harmful to Californians, and they’re especially harmful to law enforcement. That’s why the Department of Justice has filed a lawsuit yesterday against the state of California to invalidate these unjust laws and to immediately freeze their effect. Federal agents must be able to do the job that Congress has directed them to do."

Session on not asking states to enforce federal immigration laws: "Contrary to what you might hear from the lawless open borders radicals, we are not asking California, Oakland, or anyone else to enforce immigration laws. Although we would welcome the positive assistance the majority of jurisdictions in America provide, ICE agents do incredible work every day. They will not be deterred. We are simply asking California and other sanctuary jurisdictions to stop actively obstructing federal law enforcement. Stop treating immigration agents differently from everybody else for the purpose of eviscerating border controls and advancing an open borders philosophy shared by only the most radical extremists. Stop protecting lawbreakers and giving all officers more dangerous work to do so that a few politicians can score political points on the backs of officer safety."

On March 27, 2017, Sessions said that sanctuary jurisdictions would lose federal funding if they did not comply with 8 U.S.C. § 1373, which governs communications between government agencies and immigration services. He noted that any jurisdiction applying for a U.S. Department of Justice grant would have to certify compliance with this law. "The Department of Justice will also take all lawful steps to claw-back any funds awarded to a jurisdiction that willfully violates Section 1373," Sessions added.^[156]

Visa and immigration restrictions

During his confirmation hearing on January 10, 2017, Sessions opposed a sweeping ban on Muslims entering the U.S. "I have no belief and do not support the idea that Muslims as a religious group should be denied admission to the United States," Sessions said. He added that religion could be considered when reviewing visa applications since some individuals' beliefs, he asserted, are at odds with protecting the safety of Americans.^[157]^[158]

115th Congress on immigration

See also: 115th Congress on immigration

March 9, 2017: Politico reported that Sen. Cory Gardner (R-Colo.), the chair of the National Republican Senatorial Committee, opposed the construction of a wall along the U.S.-Mexico border. He said, "As far as the wall goes, I believe we have to have border security, but I do think billions of dollars on a wall is not the right way to proceed." He suggested security personnel and an electric fence as possible alternatives to a wall for border security.^[159]

March 8, 2017: Members of the House Judiciary Committee indicated that the EB-5 immigrant investor program—which allows individuals who invest $1 million in the U.S. or $500,000 in high unemployment areas to obtain a green card—should be altered or discontinued at the end of April. Rep. Jim Sensenbrenner (R-Wis.) said, "The days of last-minute extensions and continuing resolutions are over. Let me repeat that: No more extensions in CRs." Rep. John Conyers (D-Mich.) similarly said, "I must reiterate to achieve the necessary reforms to the EB5 programs, there is no substitute to a meaningful legislative solution, and absent significant reform, either regulatory or legislative, I will not be able to support continued authorization of this program." Proposals to modify the program included raising the minimum investment threshold from $500,000 to $1.35 million and narrowing the requirements for what qualifies as a high unemployment area.^[160]

February 11, 2017: Rep. Luke Messer (R-Ind.) sent a letter to Trump asking him to issue an order to prevent immigrants residing in the country illegally from benefitting from the child tax credit. Messer said, “Most Americans are astonished to learn that each year billions of taxpayer dollars are given out to people who are in our country illegally. This is just one example of how our broken tax and immigration systems continue to incentivize immigrants to come here illegally. It’s long past time to change it.” In January 2017, Messer introduced HR 363 to "ensure that only taxpayers with a valid Social Security Number are able to claim the Child Tax Credit and the Additional Child Tax Credit."^[161]^[162]

February 7, 2017: Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) announced the Reforming American Immigration for Strong Employment (RAISE) Act, which would reduce legal immigration by 50 percent. The bill would eliminate immigration preferences for certain categories of extended and adult family members, end the Diversity Immigrant Visa Program, and limit permanent refugee resettlement to 50,000 individuals per year.^[163]

January 30, 2017: Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) led a rally, along with other congressional Democrats, in front of the Supreme Court to oppose Trump's executive orders on immigration. "This order is against what we believe in in America. The order will make us unsafe. The order will make us inhumane. And the order will make us less of America because this order is what America is all about. It will make us unsafe because it will encourage those who are lone wolves as they get more and more isolated, which is our greatest danger," Schumer said.^[164]

January 29, 2017: U.S. Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) issued the following joint statement, in part, in opposition to Trump's executive orders on the refugee admission program and immigration:

“

Our government has a responsibility to defend our borders, but we must do so in a way that makes us safer and upholds all that is decent and exceptional about our nation.

It is clear from the confusion at our airports across the nation that President Trump’s executive order was not properly vetted. We are particularly concerned by reports that this order went into effect with little to no consultation with the Departments of State, Defense, Justice, and Homeland Security.

Such a hasty process risks harmful results. We should not stop green-card holders from returning to the country they call home. We should not stop those who have served as interpreters for our military and diplomats from seeking refuge in the country they risked their lives to help. And we should not turn our backs on those refugees who have been shown through extensive vetting to pose no demonstrable threat to our nation, and who have suffered unspeakable horrors, most of them women and children.

Ultimately, we fear this executive order will become a self-inflicted wound in the fight against terrorism.^[54]

”

—U.S. Sens. John Mcain and Lindsey Graham^[165]

November 14, 2016: U.S. Rep. Mo Brooks (R-Ala.) said that he did not believe House Speaker Ryan's immigration policy was "consistent with what is in the best interest of America." Brooks voted to elect Ryan as the speaker of the House in 2015 after Ryan pledged not to introduce any major immigration legislation while President Barack Obama (D) was in office.^[166]

November 13, 2016: House Speaker Paul Ryan (R-Wis.) said that his immigration focus in the following months would be border security. "We are not planning on erecting a deportation force. ... I think we should put people's minds at ease: That is not what our focus is. That is not what we're focused on. We're focused on securing the border. We think that's first and foremost, before we get into any other immigration issue, we've got to know who's coming and going into the country—we've got to secure the border," Ryan said in an interview on CNN.^[167]

November 10, 2016: Kamala Harris (D), who was elected to the U.S. Senate in California on November 8, 2016, called Trump's proposals to construct a wall along the southern border and have Mexico pay for it "absolutely unrealistic." She expressed optimism that a bipartisan agreement on immigration could be reached and noted that she and other Democrats had already discussed "banding together" to oppose Trump's policies.^[168]

External links

Search Google News for this topic

Footnotes

[bordercrisis-1] 1.0 ^1.1 ^1.2 ^1.3 WhiteHouse.gov, "President Donald J. Trump’s Address to the Nation on the Crisis at the Border," January 8, 2019

[demsaddress-2] 2.0 ^2.1 ^2.2 The Wall Street Journal, "Democratic Leaders Denounce Wall, Call on Trump to Stop ‘Hostage’ Tactics," January 8, 2019

[3] WhiteHouse.gov, "President Donald J. Trump’s Border Security Victory," February 15, 2019

[opinion-4] Supreme Court of the United States, "Department of Homeland Security v. Regents of the University of California," June 18, 2020

[publiccharge-5] The New York Times, "In Case on Wealth Test for Green Cards, a Scathing Sotomayor Dissent," February 21, 2020

[uscis-6] 6.0 ^6.1 U.S. Citizenship and Immigration Services, "Public Charge," accessed April 21, 2020

[7] Federal Register, "Inadmissibility on Public Charge Grounds," August 14, 2019

[8] CLINIC, "DHS Finalizes Public Charge Rule," August 12, 2019

[9] U.S. Citizenship and Immigration Services, "Public Charge Fact Sheet," accessed April 21, 2020

[10] CNN, "5-4 Supreme Court allows rule to take effect that could reshape legal immigration," January 27, 2020

[11] Supreme Court of the United States, "Wolf v. Cook County," February 21, 2020

[12] WhiteHouse.gov, "President Donald J. Trump’s Border Security Victory," February 15, 2019

[rose-13] 13.0 ^13.1 The Hill, "Trump declares national emergency at border," February 15, 2019

[14] Senate.gov, "On the Conference Report (Conference Report to Accompany H.J. Res. 31)," accessed February 15, 2019

[15] Clerk.House.gov, "Final Vote Results for Roll Call 87," accessed February 15, 2019

[appsumm-16] 16.0 ^16.1 Appropriations.Senate.gov, "Summary of Remaining FY2019 Appropriations Bills," accessed February 15, 2019

[17] Politico, "Congress averts shutdown as Trump prepares national emergency," February 14, 2019

[temp-18] 18.0 ^18.1 ^18.2 Politico, "Trump announces deal to reopen government — without his wall," January 25, 2019

[sixteen-19] 19.0 ^19.1 ^19.2 ^19.3 The Wall Street Journal, "States File Suit Against Trump Administration Over Wall Emergency," February 18, 2019

[rollcall-20] 20.0 ^20.1 Clerk.House.gov, "Final Vote Results for Roll Call 94," accessed February 27, 2019

[21] Congress.gov, "H.J.Res.46 - Relating to a national emergency declared by the President on February 15, 2019." accessed February 27, 2019

[politicores-22] 22.0 ^22.1 Politico, "House votes to block Trump's national emergency declaration," February 26, 2019

[hillres-23] 23.0 ^23.1 The Hill, "House votes to overturn Trump's emergency declaration," February 26, 2019

[24] The Hill, "Pentagon announces nearly 4,000 additional troops heading to US-Mexico border," February 3, 2019

[aprilfourmemo-25] 25.0 ^25.1 WhiteHouse.gov, "Presidential Memorandum for the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security," April 4, 2018

[reopenproposal-26] 26.0 ^26.1 WhiteHouse.gov, "President Donald J. Trump’s Plan to Reopen the Government and Fund Border Security," January 19, 2019

[27] The Hill, "Trump pitches new plan to reopen government amid Dem pushback," January 19, 2019

[28] Senate.gov, "On the Cloture Motion (Motion Invoke Cloture on the Shelby Amdt. No. 5)," January 24, 2019

[29] Senate.gov, "On the Cloture Motion (Motion to Invoke Cloture on the Schumer Amdt. No. 6)," January 24, 2019

[30] The Wall Street Journal, "Trump Pushes for Wall, Democrats Say He Stokes Fear for Political Gain," January 9, 2019

[31] The Wall Street Journal, "Trump Walks Out of Shutdown Talks, Calls Them 'Total Waste of Time,'" January 10, 2019

[32] The Wall Street Journal, "Trump Pledges Long Government Shutdown Without Border-Wall Funding," December 21, 2018

[33] Clerk.House.gov, "Final Vote Results for Roll Call 472," accessed December 21, 2018

[34] NBC News, "House passes stopgap funding bill with $5 billion for Trump's border wall, at odds with Senate," December 20, 2018

[mpp-35] 35.0 ^35.1 ^35.2 DHS.gov, "Secretary Kirstjen M. Nielsen Announces Historic Action to Confront Illegal Immigration," December 20, 2018

[catch-36] 36.0 ^36.1 The Wall Street Journal, "'Catch and Return': U.S. to Send Some Migrants to Mexico to Await Proceedings," December 20, 2018

[37] DHS.gov, "Secretary Kirstjen M. Nielsen, Acting Attorney General Matthew G. Whitaker Statement on DHS-DOJ Asylum Regulation," November 8, 2018

[38] DHS.gov, "Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims," November 8, 2018

[39] WhiteHouse.gov, "President Donald J. Trump Is Upholding the Rule of Law and Ensuring Consequences for Those Who Illegally Cross Our Border," November 9, 2018

[40] DHS.gov, "DHS Myth vs. Fact: Asylum Proclamation and Rule," November 9, 2018

[41] The Hill, "Trump moves to restrict asylum claims at border," November 8, 2018

[42] WhiteHouse.gov, "Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States," November 9, 2018

[aclusue-43] 43.0 ^43.1 ^43.2 The Hill, "Groups sue Trump over order blocking asylum claims," November 9, 2018

[asy-44] BBC, "US migrant caravan: Trump's asylum ban halted by judge," November 20, 2018

[45] United States District Court for the Northern District of California, East Bay Sanctuary Covenant v. Trump, November 19, 2018

[ninth-46] 46.0 ^46.1 ^46.2 ^46.3 The Wall Street Journal, "Appeals Court Rules Against Trump on Canceling DACA Protections," November 8, 2018

[47] United States Court of Appeals for the Ninth Circuit, "18-15068 The Regents of the University Of California And Janet Napolitano v. United States Department Of Homeland Security and Kirstjen Nielsen," November 12, 2018

[axios14-48] 48.0 ^48.1 ^48.2 Axios, "Exclusive: Trump targeting birthright citizenship with executive order," October 30, 2018

[49] Politico, "Can Trump revoke birthright citizenship? Nearly all on left and right say no." October 30, 2018

[hill14-50] 50.0 ^50.1 ^50.2 The Hill, "Graham to introduce legislation to end birthright citizenship," October 30, 2018

[51] Politico, "Speaker Ryan: 'You cannot end birthright citizenship with an executive order,'" October 30, 2018

[52] Twitter, "LindseyGrahamSC," October 30, 2018

[53] Twitter, "LindseyGrahamSC," October 30, 2018

[quotedisclaimer-54] 54.0 ^54.1 ^54.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

[wsjmore-55] 55.0 ^55.1 ^55.2 ^55.3 The Wall Street Journal, "Defense Secretary Approves Sending More Troops to Mexican Border," October 26, 2018

[56] The Wall Street Journal, "Trump to Deploy 5,200 Troops to Southern Border," October 30, 2018

[57] The Hill, "Trump says he may deploy 15,000 troops to border," October 31, 2018

[58] The Hill, "Overnight Defense," October 29, 2018

[59] The Hill, "Tensions escalate at US-Mexico border," November 25, 2018

[sanysidro-60] 60.0 ^60.1 DHS.gov, "Secretary Nielsen Statement On San Ysidro Port Of Entry Closure," November 25, 2018

[61] The Hill, "Trump says he will sign 'something' to end family separations," June 20, 2018

[62] The Guardian, "Donald Trump pledges to end family separations by executive order," June 20, 2018

[63] Politico, "Trump signs executive action halting family separations," June 20, 2018

[64] Reuters UK, "Trump backs down on separating immigration children, legal problems remain," accessed June 21, 2018

[65] United States District Court for the Central District of California, "Flores v. Sessions: Order Denying Defendants' 'Ex Parte Application for Limited Relief from Settlement Agreement," July 9, 2018

[66] Reuters, "Judge rejects Trump administration request for long-term detention of immigrant children," July 9, 2018

[67] Reuters, "U.S. military may house immigrant children as Trump policy beset by confusion," June 21, 2018

[68] Associated Press, "Confusion swirls on border after Trump reversal on families," June 22, 2018

[69] U.S. Department of Health and Human Services, "Zero-Tolerance Prosecution and Family Reunification," June 23, 2018

[70] ACLU, "Ms. L v. ICE - Order Granting Plaintiffs’ Motion For Classwide Preliminary Injunction," accessed June 27, 2018

[71] NBC News, "Trump admin asks for more time to reunite kids and parents separated at border," July 6, 2018

[72] The Washington Post, "More than 50 separated children to be reunited with parents Tuesday," July 9, 2018

[73] Bloomberg, "Immigration Deadline for Reuniting Families Remains, Judge Says," July 10, 2018

[74] The Hill, "Trump administration says it has completed reunifying migrant kids under 5," July 12, 2018

[75] The Hill, "Judge temporarily halts Trump admin from deporting reunited families," July 16, 2018

[76] ABC News, "Judge temporarily halts deportation of reunified families," July 16, 2018

[77] The Hill, "Hundreds of migrant children still separated from parents as deadline nears," July 26, 2018

[78] The Seattle Times, "AG Ferguson: Washington, other states to sue Trump administration over separating immigrant families at border," June 21, 2018

[79] CNBC, "17 states sue Trump administration over family separations," June 26, 2018

[80] Governing, "17 States Sue Trump Over Family Separations at the Border," June 27, 2018

[eoreactions-81] 81.0 ^81.1 ^81.2 Newsmax, "Lawmakers React to Trump Order Stopping Family Separations," June 20, 2018

[82] Nancy Pelosi: Democratic Leader, "Pelosi Statement on Trump's Family Detention Plan," June 20, 2018

[cantalways-83] 83.0 ^83.1 ^83.2 ^83.3 The Wall Street Journal, "Sessions Rules Immigrant Victims of Domestic Violence Can’t Always Win Asylum," June 11, 2018

[blockmost-84] 84.0 ^84.1 Politico, "Sessions moves to block asylum for most victims of domestic, gang violence," June 11, 2018

[strikesdown-85] 85.0 ^85.1 Politico, "Judge strikes down Trump policy blocking domestic violence victims from asylum," December 19, 2018

[86] United States District Court for the District of Columbia, "Opinion, Grace, et al. v. Matthew G. Whitaker," December 19, 2018

[87] The Wall Street Journal, "Stiffened U.S. Approach to Illegal Border Crossings Will Separate Families," May 7, 2018

[88] Justice.gov, "Attorney General Sessions Delivers Remarks Discussing the Immigration Enforcement Actions of the Trump Administration," May 7, 2018

[separate-89] 89.0 ^89.1 The Wall Street Journal, "New Policy of Separating Immigrant Families Draws Criticism," May 8, 2018

[flores-90] 90.0 ^90.1 The Wall Street Journal, "Trump Administration Defends Its Immigration Policies," May 29, 2018

[91] The Hill, "GOP senators push for clarification on migrant family separations," June 17, 2018

[hillresponsesJune17-92] 92.0 ^92.1 The Hill, "DHS secretary defends Trump administrations' migrant policies," June 17, 2018

[politicoresponses-93] 93.0 ^93.1 Politico, "Defiant Trump refuses to back off migrant family separations," June 18, 2018

[94] The Hill, "Sessions on separating families: If we build a wall and pass legislation, we won't have these 'terrible choices,'" June 18, 2018

[95] White House, "Remarks by President Trump at the National Federation of Independent Businesses 75th Anniversary Celebration," June 19, 2018

[wapo61918-96] 96.0 ^96.1 The Washington Post, "Senate Republicans just rebuked Trump on family separations," June 19, 2018

[97] The New York Times, "G.O.P Moves to End Trump's Family Separation Policy, but Can't Agree How," June 19, 2018

[98] Politico, "Texas, six other states call for immediate halt to Dreamer program," May 2, 2018

[paxusa-99] 99.0 ^99.1 ^99.2 USA Today, "Texas Attorney General Ken Paxton files 7-state lawsuit seeking to end DACA," May 1, 2018

[bates-100] 100.0 ^100.1 ^100.2 The Wall Street Journal, "Judge Rules Trump Administration Must Continue DACA Program," April 24, 2018

[101] USA Today, "Another federal judge rules against Trump move to end DACA," April 24, 2018

[willdeploy-102] 102.0 ^102.1 The Hill, "Trump says he will deploy U.S. military to southern border," April 3, 2018

[apguard-103] 103.0 ^103.1 ^103.2 ^103.3 Associated Press, "Trump troop request creates opening for governors to say no," April 6, 2018

[104] The Hill, "Trump to deploy National Guard to southern border," April 4, 2018

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[106] WhiteHouse.gov, "Remarks by President Trump in Press Gaggle en route Washington, D.C." April 5, 2018

[107] The Wall Street Journal, "Donald Trump Calls for Military to Guard Southern Border," April 3, 2018

[108] Associated Press, "Correction: Trump story on securing US-Mexico border," April 5, 2018

[109] The Hill, "Trump administration sets quotas for immigration judges," April 2, 2018

[110] The Hill, "Trump shares photos touting 'the start' of border wall," March 28, 2018

[111] White House.gov, "Remarks by President Trump at Law Enforcement Roundtable on Sanctuary Cities," March 20, 2018

[112] Bloomberg, "Trump Inspects Border Wall Prototypes in California," March 13, 2018

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[116] The Hill, "Mexican-American judge who Trump attacked rules in favor of border wall," February 27, 2018

[117] United States Supreme Court, "Order List," February 26, 2018

[DACAop-118] United States District Court for the Eastern District of New York, "Batalia Vidal et al. v. Trump" Amended Memorandum & Order & Preliminary Injunction

[alsup-119] Reuters, "U.S. judge blocks Trump move to end DACA program for immigrants," January 9, 2018

[120] The Hill, "Supreme Court refuses to hear Trump challenge on DACA," February 26, 2018

[121] The Wall Street Journal, "'Dreamer’ Talks Aim to End Budget Impasse," February 4, 2018

[122] The Hill, "Senate rejects bipartisan measure as immigration votes begin," February 15, 2018

[123] Toomey.Senate.gov, "Toomey Introduces Amendment to End Dangerous Sanctuary City Policies," February 13, 2018

[124] The Hill, "Senate Dems block crackdown on sanctuary cities," February 15, 2018

[lifesupport-125] Politico, "Senate immigration deal on life support," February 14, 2018

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[156] Department of Justice, "Attorney General Jeff Sessions Delivers Remarks on Sanctuary Jurisdictions," March 27, 2017

[157] CNN, "What we've learned so far from Sessions hearing," January 10, 2017

[158] CBS News, "Jeff Sessions addresses race, Muslim ban and torture at confirmation," January 10, 2017

[159] Politico, "GOP campaign chair disses Trump's wall," March 9, 2017

[160] CNN, "Congress takes aim at visa program that benefited Trump family businesses," March 9, 2017

[161] Messer.House.gov, "Rep. Messer Urges President Trump to Take Executive Action on Tax Loophole Allowing Billions in Payments to Illegal Immigrants," accessed February 13, 2017

[162] Congress.gov, "H.R.363 - Child Tax Credit Integrity Preservation Act of 2017," accessed February 13, 2017

[163] Tom Cotton, "Cotton, Perdue Unveil the Reforming American Immigration for Strong Employment (RAISE) Act," February 7, 2017

[164] CNN, "Democrats protest Trump's travel ban outside Supreme Court," January 30, 2017

[165] John McCain, "Statement by Senators McCain & Grham on Executive Order on Immigration, January 29, 2017

[166] Breitbart, "GOP Rep: Paul Ryan’s Immigration Policy Not ‘in Best Interest of America,'" November 14, 2016

[RyanCNN-167] CNN, "Ryan: 'We are not planning on erecting a deportation force,'" November 13, 2016

[168] The Los Angeles Times, "Newly elected Kamala Harris vows to defy Trump on immigration," November 10, 2016

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Federal policy on immigration, 2017-2020

June 18, 2020: SCOTUS rules DHS did not properly follow APA when seeking to end DACA

February 21, 2020: SCOTUS allows public charge rule to take effect

February 15, 2019: Trump signs bill to fund parts of the government and border barrier; declares state of emergency

February 18, 2019: Sixteen states file suit against Trump's emergency declaration

February 26, 2019: House passes resolution to overturn Trump's national emergency declaration

February 3, 2019: Trump administration announces more troops headed to southern border

January 19, 2019: Trump releases plan to secure border and end partial shutdown

January 24, 2019: Senate rejects two proposals to end the partial government shutdown

January 25, 2019: Congress and Trump reach temporary agreement to fund the government; border talks continue

January 8, 2019: Trump makes case for border barrier in televised address; Democratic leadership rejects request

December 21, 2018: Trump pledges government shutdown unless border wall funding secured

December 20, 2018: DHS announces some migrants will be sent back to Mexico to await immigration proceedings

November 9, 2018: Trump issues presidential proclamation on asylum

November 9, 2018: Groups sue Trump administration over asylum proclamation

November 19, 2018: Judge blocks presidential proclamation on asylum

November 8, 2018: Ninth Circuit Court rules Trump administration cannot end DACA

October 30, 2018: Trump proposes ending birthright citizenship

Graham says he will introduce legislation to end birthright citizenship

October 26, 2018: Trump administration to send troops to U.S.-Mexico border

November 25, 2018: DHS closes San Ysidro Port of Entry

June 20, 2018: Trump signs an executive order addressing the separation of children from parents crossing the border illegally

Responses

June 11, 2018: Sessions says individuals who are victims of private crime not eligible for asylum

December 19, 2018: Judge blocks asylum policy

May 7, 2018: Trump administration announces it will prosecute parents who cross the border with their children

Questions raised about separation policy

Trump calls for legislative action

May 1, 2018: Texas and six other states file lawsuit to end DACA

April 24, 2018: Judge rules Trump administration must continue accepting new DACA applications

April 4, 2018: Trump signs memorandum to deploy troops to U.S.-Mexico border

Responses from governors

Support

Oppose

April 2, 2018: Justice Department announces quotas for immigration judges

March 28, 2018: Trump shares photos of construction on U.S.-Mexico border

March 20, 2018: Trump claims sanctuary cities harbor criminals

March 13, 2018: Trump visits border wall prototypes in California

March 6, 2018: DOJ files lawsuit against California's immigration laws

February 27, 2018: Federal judge rules administration did not improperly waive regulations for wall construction

February 26, 2018: SCOTUS denies Trump administration's request to review DACA case

February 15, 2018: Senate rejects four immigration reform proposals

January 31, 2018: Trump administration announces new process for asylum applications

January 25, 2018: Trump administration releases initial framework for immigration plan

Immigration policy areas

Trump administration officials on immigration

Donald Trump

President Donald Trump

Border security

DACA

Immigration enforcement and visa programs

Sanctuary jurisdictions

Kirstjen Nielsen

Secretary of Homeland Security Kirstjen Nielsen

Border security

John Kelly

White House Chief of Staff John Kelly

Border security

Jeff Sessions

Attorney General Jeff Sessions

DACA

Sanctuary jurisdictions

Visa and immigration restrictions

115th Congress on immigration

See also

External links

Footnotes

Information about voting

2024 Elections

2025 Elections

Analysis

Public Policy

Information for candidates

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