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Trump's orders have upended US immigration. What legal routes remain?

Jessica Garrison and Rebecca Plevin, Los Angeles Times on

Published in Political News

Promising the largest deportation effort in U.S. history, President Donald Trump, in his first days in office, has released a dramatic series of executive orders and other policy changes that will reshape the country’s immigration system — and the experience of what it means to live in the U.S. as an immigrant, particularly one who is undocumented.

There are an estimated 13 million to 15 million undocumented immigrants in the U.S., including more than 2.5 million in California.

That includes people who crossed the border illegally, people who overstayed their visas and people who have requested asylum. It does not include people who entered the country under various temporary humanitarian programs, or who have obtained Temporary Protected Status, which gives people the right to live and work in the U.S. temporarily because of disasters or strife in their home countries.

However, many of the people who came to the U.S. using those legal pathways could also be at risk of deportation, because of other actions the Trump administration has taken.

What exactly has the Trump administration done?

Trump has signed multiple executive orders targeting immigration that, as the Migration Policy Institute noted, do one of three things: sharply limit legal pathways for entering the U.S., bolster enforcement efforts to seal off the U.S.-Mexico border or promote aggressive sweeps to round up and deport people living in the U.S. illegally. Some of the orders have already been challenged in court, and advocates said others could be soon.

Among the most consequential orders:

--The president declared a “national emergency” at the southern border, which will enable him to deploy military troops there.

--He moved to end birthright citizenship, which has long been guaranteed by the 14th Amendment. The American Civil Liberties Union and more than 20 states, including California, have sued, arguing the order is unconstitutional. In a ruling issued in one of those cases on Jan. 23, a federal judge temporarily halted the order while the legal challenges play out.

--He suspended the refugee admissions program as of Jan. 27 for at least 90 days. Last fiscal year, the U.S. resettled more than 100,000 refugees, the highest number in three decades.

Has the new administration done anything else that affects immigration?

Yes. Among the significant actions:

--Hours after Trump took office, his new administration shut down the CBP One mobile app. The Biden administration had expanded use of CBP One to ease the process of applying for asylum. Migrants could use the app, once they reached Mexican soil, to schedule appointments with U.S. authorities at legal ports of entry to present their bids for asylum and provide biographical information for screening.

--In a related action, the administration has given Immigration and Customs Enforcement officials the power to quickly deport about 1.4 million immigrants who were granted legal entry to the U.S. for up to two years through two Joe Biden-era programs: migrants who came in through the CBP One program and were granted parole status as they await hearings on their asylum pleas; and migrants fleeing Cuba, Nicaragua, Venezuela and Haiti who were granted temporary parole while seeking asylum.

--In a notice posted Jan. 21, the administration said it would empower immigration authorities to fast-track deportations of people in the country illegally without a judicial hearing. The ACLU has sued to try to halt the plan.

--The Department of Homeland Security has rescinded long-standing guidelines prohibiting immigration agents from making arrests in “sensitive” locations such as schools, hospitals and churches.

--Benjamine Huffman, the acting secretary of the Department of Homeland Security, has declared a “mass influx” of illegal immigrants at the southern border, which authorizes the department to deputize state and local law enforcement officers to conduct immigration enforcement.

--ICE has begun conducting publicized immigration raids in many cities, including New York and Chicago. The administration said it was targeting undocumented people with criminal records. But in a briefing this week, White House Press Secretary Karoline Leavitt said the administration views all undocumented immigrants as criminals, because they have violated immigration laws.

So, what are the numbers? Have more people been deported since Trump took office?

ICE authorities this week have been posting daily figures on the agency’s X account citing the number of undocumented immigrants arrested, including 1,179 on Jan. 27 and 969 on Jan. 28. Axios reported this week that ICE made 3,500 arrests during Trump’s first week in office. During Biden’s final year in office, the arrest number was about 350 a week.

It is too soon to evaluate deportation numbers. Deportation, as opposed to removal, is a legal process that moves through the courts. On Jan. 27, ICE posted on X that: “In one week, law enforcement officials have removed and returned 7,300 illegal aliens.”

If that pace continues, and ICE removes 7,300 immigrants every week for a year, that would result in the forced removal of more than 350,000 people. That figure would outpace removals during the Biden administration. But during the Obama administration, ICE removals peaked at nearly 410,000 in fiscal year 2012. Obama’s enforcement policies targeted undocumented immigrants with criminal records and people who had recently crossed the border without authorization, according to the Migration Policy Institute, while placing low priority on people with established roots in U.S. communities and without criminal records.

What are the current avenues for legal immigration?

--People who have a close family member who is a U.S. citizen can still apply. But if the Trump administration resurrects travel bans barring people from certain countries from entering the U.S., that could limit applications to certain nationalities.

 

--People deemed to have valuable skills can apply for temporary or permanent employment visas, although in many cases there are years-long waits for such visas. Employers can petition for temporary work visas for foreign nationals for specific jobs. Permanent work visas are capped at 140,000 per year, a figure that includes the immigrants plus their eligible spouses and minor, unmarried children, according to the American Immigration Council.

--Immigrants from countries with low rates of immigration to the U.S. are eligible for a green-card lottery.

--Visas are still available for parents adopting a child from another country.

What’s going on with Dreamers?

While Trump tried to rescind Deferred Action for Childhood Arrivals, or DACA, during his first administration, he has not yet touched the program this time around.

The Obama-era program grants a renewable work permit and temporary reprieve from deportation to certain people who came to the U.S. as children. An estimated 537,730 people had DACA protection as of September, with the vast majority being from Mexico, according to the Migration Policy Institute.

The legality of the program remains mired in the federal courts.

What are sanctuary policies, and why is the Trump administration targeting them?

There isn’t one clear definition of a sanctuary policy. The term generally applies to policies that limit state and local officials from cooperating with federal authorities on civil immigration enforcement duties.

California’s 2017 sanctuary law, the California Values Act, prohibits state and local law enforcement agencies from investigating, interrogating and arresting people simply for immigration enforcement purposes. The law does not prevent federal authorities from carrying out those enforcement duties in California. And it does allow local police to cooperate with federal immigration officials in limited circumstances, including in cases involving immigrants convicted of certain violent felonies and misdemeanors.

Under L.A.’s sanctuary city law, city employees and city property may not be used to “investigate, cite, arrest, hold, transfer or detain any person” for the purpose of immigration enforcement. An exception is made for law enforcement investigating serious offenses. L.A. Unified’s sanctuary policy prohibits staff from voluntarily cooperating in an immigration enforcement action, including sharing information about a student’s immigration status.

An executive order issued on Trump’s first day in office threatens to withhold federal funds from sanctuary jurisdictions that seek to interfere with federal law enforcement operations. A memo from the Department of Justice, meanwhile, said state and local officials could be investigated and prosecuted for not complying with Trump’s crackdown on immigration enforcement.

California Attorney General Rob Bonta has called the pronouncement “a scare tactic,” and vowed legal action “if the Trump administration’s vague threats turn to illegal action.”

If immigration authorities make mass arrests, does the U.S. have space to detain all the immigrants?

That depends on several factors.

On average, nearly 40,000 people have been locked up in ICE detention centers on a daily basis during fiscal year 2025. There is probably capacity in the system for additional detainees, but how much isn’t entirely clear, according to Eunice Cho, senior staff attorney with the ACLU National Prison Project.

What is clear is that the administration intends to expand the ICE detention footprint. On Wednesday, Trump directed his administration to begin using the U.S. Navy base at Guantanamo Bay, Cuba, which has 30,000 beds, for the detention of “high priority” immigrants. The military also is allowing ICE to detain undocumented immigrants at Buckley Space Force Base in Colorado, according to multiple news reports.

ICE operates six detention facilities in California, with capacity for nearly 7,200 detainees, and is pressing to expand. Agency officials are looking for space to accommodate 850 to 950 people within two hours of its San Francisco regional field offices, a development first reported by CalMatters.

The agency is also looking to increase detention capacity in Arizona, New Mexico, Washington and Oregon, according to federal documents obtained by CalMatters.

ICE facilities, which are largely run by private prison corporations, have been dogged by allegations of poor medical care and inhumane treatment. A 2019 law that would have banned private immigration facilities in California was overturned by the federal courts.

____

Times staff writers Kate Linthicum, Brittny Mejia, Andrea Castillo and Rachel Uranga contributed to this report.


©2025 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

 

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