What can we expect from the second Trump administration for humanitarian immigration benefits? Elimination or severe restrictions of TPS, DACA, U and T visas.

Español

The Trump administration’s proposed policy changes on various protections for undocumented immigrants have created a sense of uncertainty and fear for many, particularly for individuals who previously benefited from humanitarian programs such as TPS, DACA, U-Visas, and T-Visas.

These programs have offered critical relief and stability for vulnerable populations, but under the next Trump administration, we expect severe restrictions on or the elimination of these programs.

Temporary Protected Status (TPS): 

Congress established TPS as a statutory benefit under the Immigration Act of 1990, signed into law by Republican President George H. W. Bush.  The Secretary of Homeland Security has the authority to designate TPS counties, offering legal protections and work authorization to nationals of countries designated as unfit for return due to various extraordinary conditions, including ongoing conflict and natural disasters. That means that many individuals on TPS have been lawfully in the United States and working with authorization for 30+ years.

Currently, sixteen (16) countries are designated for TPS. These countries include Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.

The first Trump administration attempted to end TPS for citizens of El Salvador, Haiti, Nicaragua, Sudan, Nepal and Honduras, but the recission of TPS benefits was stalled in the Courts and then ultimately reversed by the Biden administration.

It is likely that we will see the Trump administration move forward with the recission of TPS and revocation of associated Employment Authorization Documents (EADs or work permits) for many, if not all, currently protected countries. If TPS is revoked entirely, this will impact nearly 700,000 people living and working in the United States, creating another enormous burden on Immigration & Customs Enforcement (ICE) to remove these individuals from the United States.

Deferred Action for Childhood Arrivals (DACA): 

The first Trump administration attempted to end DACA, but the complete recission of DACA was unsuccessful due to court challenges.

If the Trump administration is unable to fully rescind DACA this time, then their plan is to eliminate staff time allocated to processing DACA renewal applications, thereby ending DACA protections for more than 500,000 Dreamers.

U & T Visa Programs: 

The U and T visa programs provide lawful nonimmigrant status and an eventual pathway to lawful permanent residency for victims of certain crimes and human trafficking, if they have assisted in the investigation and/or prosecution of the crime. Under Project 2025, the administration will restrict the eligibility criteria for U and T status to applicants who are actively assisting with the investigation or prosecution of a qualifying crime or trafficking offense at both the time of filing the application and the time the application is finally reviewed and adjudicated by the immigration service. With processing times for U visas nearing 10-12 years due to visa backlogs, it will be nearly impossible for applicants to meet the criteria of active participation at both the time of filing and time of adjudication of the application.

While the fate of these humanitarian immigration programs remains uncertain, any policy change will be met with legal challenges and advocacy efforts. Immigrant communities must stay informed and seek qualified, competent legal counsel to understand their rights and navigate the quickly changing landscape of immigration law in the United States.

What can you do to prepare for the second Trump administration? Act now.

• If you currently have TPS, pay close attention to your country’s page on USCIS’s website. If you are eligible and have not already done so, re-register your status now. If you are able to re-register your status in the future, do so as soon as possible.
• If you currently have DACA, and continue to be eligible for DACA, file a renewal application now to try to secure DACA protection for at least two more years.
• If you are currently paroled into the United States, have DACA, or have TPS, consult with an experienced immigration attorney to determine whether you have any other options available to you.  This is especially important for those who have not consulted with any attorney before or have not consulted with an attorney since first getting their status.
• If you are currently in removal proceedings, whether they are administratively closed or active, review your eligibility for prosecutorial discretion with your immigration attorney right away.
• If you do not have a lawful immigration status and entered the United States more than two (2) years ago, you should not be subject to expedited removal (experiencing deportation without appearing before an Immigration Judge). Carry evidence with you of your physical presence in the United States for the past 2 years (lease agreements, tax returns, paystubs, etc.) and be prepared to advocate for yourself if you have contact with an immigration law enforcement official.
• If you are considering applying for an immigration benefit, or sponsoring someone for an immigration benefit, consult with an experienced immigration attorney to understand the potential risks before you apply.
• Make sure your legal documents are safe and secure, and that you have a photocopy – passports, marriage certificates, divorce certificates, birth certificates, diplomas, etc.
• Know your rights!

For more information, please contact Kolko & Casey, P.C.to schedule a consultation with one of our experienced attorneys on your future or ongoing immigration matter.