Trump’s Immigration Policy vs. Past Administrations: What’s Changing?
President Donald Trump speaking with supporters at a "Make America Great Again" campaign rally at Phoenix Goodyear Airport in Goodyear, Arizona. August 2020. Credit: Gage Skidmore
Trump’s Immigration Policies Compared to Past Administrations
Immigration laws in the U.S. change significantly depending on the administration in power. Trump’s presidency from 2017 to 2021 saw some of the strictest immigration enforcement policies in modern history, with a focus on border security, deportations, and restricting pathways to legal status. After winning the 2024 election, Trump has reinstated and expanded several of his prior immigration policies, including increased deportations, visa restrictions, and border security measures.
One of the most significant recent legislative developments is the Laken Riley Act, which expands ICE enforcement authority, mandates cooperation from local law enforcement, and accelerates removal proceedings for undocumented immigrants charged with crimes.
The Broad Shift: Trump’s Immigration Stance vs. Prior Policies
Pre-Trump Policies (Bush, Obama, Biden)
George W. Bush (2001-2009): Increased border security but supported pathways to legal residency.
Barack Obama (2009-2017): Focused on deporting individuals with serious criminal records, not all undocumented immigrants.
Biden (2021-2025): Rolled back some Trump policies but maintained certain strict border security measures.
A Look At Biden’s Immigration Approach (2021-2025)
Reversed family separation and public charge rules.
Scaled back ICE removals but continued border enforcement.
Allowed some deported immigrants to return under new policies.
Maintained certain Trump-era restrictions on asylum processing.
Trump’s Immigration Stance (2017-2021, 2025-Present)
Zero tolerance for illegal border crossings.
Expanded ICE detentions and removals.
Restricted asylum and green card pathways.
Emphasized national security and limiting immigrant benefits.
Trump’s Key Immigration Policies That Have Returned or Expanded
Zero Tolerance Policy & Criminal Prosecution Expansion
Reinstated: 2025 - Enforces criminal prosecution for all illegal border crossings.
Impact: Increased detentions and removals, including expedited deportations.
Public Charge Rule & Green Card Restrictions
Reintroduced in 2025 - Limits green cards for individuals using public benefits.
Impact: Reduces legal pathways for low-income immigrants.
DACA (Deferred Action for Childhood Arrivals)
Trump has once again attempted to terminate DACA, with pending legal battles over its future.
New applications for DACA have been frozen, limiting protections for Dreamers.
Increased ICE Detentions & Deportations
Expanded ICE enforcement operations, increasing removals of undocumented individuals.
ICE detainers in local jails have surged, leading to more deportations following criminal charges.
The Laken Riley Act: What It Means for Immigrants
What Is the Laken Riley Act?
Named after Laken Riley, a student allegedly killed by an undocumented immigrant.
Expands ICE detainer authority, requiring local police to hold undocumented individuals for ICE.
Mandates cooperation from state and local law enforcement in all jurisdictions.
Prioritizes the deportation of undocumented immigrants charged with crimes.
How This Law Changes Immigration Enforcement
Requires local police to notify ICE immediately if an undocumented person is arrested.
Eliminates protections for sanctuary cities, forcing all law enforcement agencies to comply with ICE detainer requests.
Accelerates removal proceedings for non-citizens charged with criminal offenses.
Challenges & Legal Concerns
Critics argue it violates due process rights and may lead to wrongful detentions.
Some states have challenged aspects of the law, but enforcement is moving forward at the federal level.
How Trump’s Re-Election Affects Immigration Policies Going Forward
Trump’s second term is already bringing significant shifts in enforcement and immigration policy, including:
Expanded ICE raids and detention operations targeting undocumented individuals.
A stricter asylum process, with more barriers to entry.
More aggressive visa denials and limitations on legal immigration pathways.
Renewed efforts to increase border security funding and construction.
What Should Immigrants Do If They Are Facing Criminal Charges?
A criminal charge can now lead to immediate ICE detention under Trump’s policies.
Seek legal representation immediately to explore deportation defense options.
Understand your rights regarding ICE detainers and removal proceedings.
If eligible, apply for relief options such as cancellation of removal or asylum.
What You Need to Know Moving Forward
Immigration laws are now stricter, with increased deportation risks for non-citizens.
Criminal charges can trigger fast-track removal proceedings.
Gerard Law Firm can help immigrants fight criminal charges and navigate complex immigration laws.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Reading this content does not establish an attorney-client relationship with Gerard Law Firm. If you are facing legal issues, consult with a qualified attorney to discuss your specific case.
