Trump‘s immigration plans: A long list of measures awaits on inauguration day
On January 20, U.S. President-elect Donald Trump will kick off a lengthy list of immigration measures that include mass deportations and potentially revoking citizenship for some born on American soil. Trump’s intentions are clear, but executing these plans poses significant legal, operational, and ethical challenges.
Birthright citizenship under threat
One of the most controversial aspects of Trump’s immigration plans is his intent to revoke birthright citizenship. In his first interview after winning the election, Trump confirmed his determination to advance this measure on day one. To do so, he would need to override the 14th Amendment, ratified in 1870, which grants citizenship to any person born on U.S. soil, with the exception of children of foreign diplomats.
An executive order cannot change the Constitution, but there are risks to reinterpretation. One possibility is that Trump argues that children of undocumented immigrants are not under U.S. jurisdiction. This would likely culminate in a Supreme Court showdown. Hiroshi Motomura, a UCLA law professor, warns that such a move would "revoke 160 years of history" and "revoke the country’s understanding as a nation of immigrants."
While Trump has the advantage of a conservative-majority Supreme Court, including three justices he nominated, a drastic change in constitutional interpretation is uncertain. Moreover, the Court’s recent reversal of the landmark abortion case, Roe v. Wade, has raised doubts about its future decisions.
Alternatively, Trump could propose a new constitutional amendment, but securing the required two-thirds congressional majority is almost impossible with Republicans holding only a slim House majority.
Sensitive locations at risk
Trump has offered few details about his plans for "the largest deportation in American history," but one hint is that raids will target places previously off-limits. Schools, hospitals, and houses of worship were designated "sensitive locations" in 2011 by then-ICE Director John Morton. Although not a law, this recommendation has been respected since, and the Biden administration expanded it to include parks, homeless shelters, and domestic violence centers.
The 2025 Project, an ultraright-wing ideology guiding Trump, aims to rescind these restrictions and grant ICE agents the power to decide where raids can occur. During his first term, Trump continued applying Morton’s memo but detained parents at school drop-offs. Legal experts worry that agents could now enter schools, potentially violating students’ right to education and the Supreme Court’s Plyler v. Doe decision.
Several universities and schools have already sent reassuring letters to students, fearing a repeat of Trump’s first term when nearly 4,000 children were separated from their families.
Accelerated deportations
Another law Trump may Skirt involves Expedited Removals, enacted by Congress in 1996, allowing deportations without a hearing before an immigration judge. Initially limited to the border, the scope expanded up to 100 miles inland. Trump could potentially extend this to the entire country, but faces legal hurdles proving detainees have been in the U.S. for less than two years and upholding their constitutional right to an immigration hearing.
Mixed families and DACA
One of Trump’s most contentious policies was separating migrant families. To avoid repetitions, Trump’s team, headed by immigration hardliners Tom Homan and Stephen Miller, plans to deport families together. In mixed families, only the undocumented parent can be deported, leaving children with a difficult choice: leave with their parents or stay with a guardian.
DACA and TPS recipients, who have lived in the U.S. without documentation, also fear deportation. While Trump expressed interest in finding a bipartisan solution for DACA recipients, legal battles are expected as his administration may attempt to rescind the programs again.
Resources and cooperation needed
Beyond legal and ethical challenges, Trump must secure substantial funding and local-state cooperation to implement his immigration plans. Neither guarantee is currently in place.
As Trump’s inauguration approaches, the future of millions of immigrants hangs in the balance, awaiting the promises and realities of his controversial immigration policies.