What to Expect from the Future Trump Administration on Immigration

As January 2025 approaches, individuals and businesses across the United States feel a growing sense of uncertainty surrounding potential changes in U.S. immigration policy. Despite President-Elect Donald Trump’s assurance that Project 2025 will not dictate his administration’s agenda, his recent appointment of Tom Homan, former Acting ICE Director and contributor to Project 2025, as Border Czar suggests that some aspects of Project 2025 may still shape the future of U.S. immigration policy. Drawing on our experiences from the first Trump administration and a careful analysis of Project 2025 recommendations, the Chicago immigration law firm of Zneimer & Zneimer anticipates the return of a stricter immigration enforcement agenda. Here, we provide a closer look at anticipated policy changes, reinstatements, and potential legal options.

Policies Likely to Reappear

Increased Requests for Evidence and Denials: During Trump’s first term, USCIS issued an unprecedented number of RFEs and Notices of Intent to Deny, adding complexity to the approval process. This trend could continue, especially in business and family immigration, resulting in possible delays.
Mandatory Interviews: Project 2025 favors reinstating in-person interview requirements for adjustment of status, naturalization, and visa applicants, which may further contribute to backlogs and extend processing times.
Changes to Forms, Fees, and Filing: Anticipated changes could include updated forms and an emphasis on online filing. Pay.gov issues and unexpected fees, especially those tied to non-asylum applications funding asylum processing, may add unplanned expenses and confusion.
Termination of DACA, TPS, and Humanitarian Programs: Project 2025’s recommendations target DACA, TPS, and other humanitarian protections, potentially impacting Afghan, Ukrainian, and other protected individuals.
Reduced Asylum and Refugee Admissions: We expect stricter eligibility standards and lower quotas for asylum and refugee admissions, potentially slowing down humanitarian processing.
Increased Employer Audits and Site Visits: FDNS site visits and audits may increase, affecting businesses that sponsor foreign workers under programs like H1B and PERM.
No Deference to Prior Adjudications: Reinstating a policy that requires all renewal cases to undergo new scrutiny, Project 2025 rejects deference to prior USCIS approvals, adding potential hurdles to previously approved cases.
Travel Bans and Security Vetting: Additional security measures, including intensified vetting and administrative processing, could lead to new travel bans and prolonged processing times.
Public Charge Requirements: Project 2025 calls for strict public charge criteria, likely reintroducing Form I944 and its stringent financial requirements.
Family Detention Policies and the Flores Settlement: Project 2025 aims to overturn the Flores Settlement, which protects immigrant children in detention. Ending Flores could lead to prolonged family detentions and potential family separations, sparking significant litigation efforts.
Remain in Mexico Policy: The “Remain in Mexico” policy may reemerge, requiring asylum seekers from Central and South America to wait outside the U.S. while their cases are processed.

New Proposals from Project 2025

Deportations and ICE Raids: Project 2025 advocates for expanded ICE operations and deportations, which could strain agency resources.
State Cooperation with Immigration Enforcement: FEMA funds could become contingent on state cooperation with ICE, including sharing DMV and other state records.
Stricter Eligibility for T and U Visas: Project 2025 proposes heightened eligibility standards for humanitarian visas, including the power to pause certain applications for backlogged visa categories.
ICE and USCIS Restructuring: Project 2025 recommends aligning ICE’s mission more closely with immigration enforcement, proposing that USCIS focus primarily on screening and vetting functions.
Elimination of T and U Visas: The elimination of visas for trafficking and crime victims under Project 2025 would limit relief to those actively cooperating with law enforcement, favoring the S visa as the primary form of relief.
Detention and Bond Reforms: Project 2025 proposes strict guidelines for bond issuance, aiming to prevent noncitizens from “bonding out” before case resolution.
Increased Security in the Student and Exchange Visitor Program (SEVP): ICE may further restrict student visas from countries considered national security risks.
Merging Immigration Functions: Project 2025 recommends merging ICE, CBP, and USCIS functions to create a more cohesive enforcement body.
Denaturalization and Criminal Investigations Units: The reinstatement of a denaturalization unit within USCIS, in addition to a criminal investigations unit, would aim to address fraud concerns in visa programs prone to exploitation.

Regulatory Agenda Highlights

Public Charge Rule Reinstatement: Project 2025 supports a return to a stringent public charge rule, requiring applicants to provide extensive financial data via Form I-944.
Reforming H1B and Temporary Work Visas: Proposed reforms to the H1B program aim to restrict eligibility to highly skilled, high-wage workers, reducing the perceived impact on U.S. wages.
Restricting Employment Authorization: Project 2025 advocates limiting employment authorization only to statutory mandates, reducing competition in the job market.
Ending Chain Migration and the Diversity Visa Lottery: Proposed merit-based reforms would replace family-based migration and diversity visas with a system favoring skills.
Mandatory E-Verify and Repealing TPS: Nationwide E-Verify use could become mandatory, and TPS may be repealed, limiting temporary protections.
USCIS Adjudication Changes: Ending COVID-era flexibilities, Project 2025 proposes stricter vetting and interviews for most immigration cases.

Zneimer & Zneimer’s Commitment to Supporting Our Clients

At Zneimer & Zneimer PC, we remain vigilant about these developments and prepared to support our clients through shifting immigration landscapes.

Legal Challenges: Recent rulings such as Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce overturning Chevron deference open new avenues for challenging agency decisions, enabling courts to scrutinize interpretations more closely.

Comprehensive Case Preparation: As scrutiny increases and delays mount, we are committed to robust documentation and strategic preparation.

For questions or concerns regarding the potential impact of these changes on your immigration status or business, please contact Zneimer & Zneimer PC at (773) 516-4100 or by contacting our immigration team. We are here to help you navigate this challenging environment with confidence and clarity.