Since President Donald Trump entered office for the second time, he has drastically changed federal immigration policies. In a significant ramp-up from his first presidency, Trump’s second administration has aggressively delivered on its anti-immigration campaign promises. Based on reports from the Pew Research Center, arrests have doubled, border crossings have dropped, and the number of rescinded deportation protections has increased since January of this year.
By enacting major expansions to Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), militarizing mass deportation operations, and seeking to end birthright citizenship, Trump has made it clear that immigrants—both documented and undocumented—are his primary targets.
Trump has significantly influenced immigration policy through both his political rhetoric and executive orders. Despite this, a 2025 poll by Gallup shows that a record-high 79% of Americans believe immigration is a “good thing”. However, among party lines, the issue of immigration remains a divisive one.
Recent shifts in immigration policy have fueled debates driven by misinformation, highlighting the need to separate fact from myth.
Here are the facts.
How are immigrants, refugees, and asylum seekers affected by recent immigration policies?
According to the United Nations High Commissioner for Refugees (UNHCR), the number of forcibly displaced people reached an all-time high in 2024, exceeding 123 million globally. Although US asylum policies have evolved over the years, asylum seekers are facing more scrutiny under Trump. By increasing application fees, urging judges to dismiss asylum cases, and dismissing asylum applications at the border, the Trump administration is making active efforts to restrict legal entry to the US.
Refugees and immigrants also face additional obstacles, such as increased fees when applying for Social Security numbers, which are required for obtaining work permits. Many immigrants awaiting court hearings have had their cases dismissed, with some instead being detained or forced into deportation through an “expedited removal” process.
Compared to current-day migrants, Vietnamese refugees who immigrated to the US following the Vietnam War generally received more federal protection and support. Early waves of Vietnamese refugees were supported by federal policies and programs that expedited the immigration process, including the Indochina Migration and Refugee Assistance Act of 1975, the Orderly Departure Program (ODP), and the Resettlement Opportunity for Vietnamese Returnees (ROVR).
Just as many older generations left Vietnam to escape violence, poverty, and political instability, today’s immigrants—who are primarily from Latin American countries—are fleeing the same dangers. But unlike the Vietnamese refugees of the past, many are being denied entry at the US border.
How the “Immigrant Crime” Myth Shapes Policy
Trump often characterizes immigrants as “illegal aliens” and “felons.” However, illegal entry or presence in the US is considered a civil offense or misdemeanor, not a felony. Research has also consistently shown that immigrants, both documented and undocumented, are significantly less likely to commit crimes than US-born citizens.
The impact of this misconception is heightened hostility and brutality against immigrants, as well as increasingly aggressive deportation policies.
Major expansions to ICE and Border Patrol
So far in his second term, Trump has poured billions of dollars into DHS and ICE. However, DHS Secretary Kristi Noem has faced repeated criticism for overspending congressional allocations, raising concerns about the department’s expanding authority. Despite this, ICE has recently implemented initiatives to provide $50,000 bonuses and remove the age limit for new agents.
ICE agents use controversial tactics such as concealing their faces, refusing to show identification, destroying property, and detaining individuals in unmarked vehicles. In some cases, ICE agents unlawfully trespassed onto homes and school grounds.
One of the most controversial initiatives of Trump’s immigration reform has been the development of new migrant detention centers, like “Alligator Alcatraz”, which is estimated to cost $450 million a year to maintain. According to Trump, these facilities are meant to house the most “menacing” immigrants before they are deported, but current detainees include children and those without criminal records. The hastily built facilities have been reported by detainees to have poor sanitation, dysfunctional sewage systems, and pest infestations.
Has the Fifth Amendment been Violated?
The Fifth Amendment guarantees “all persons” within US borders the right to due process, meaning the government must follow fair and proper legal procedures and provide people with an opportunity to be heard before punishing them. The amendment extends this protection to all persons within the US, meaning both citizens and noncitizens, whether documented or undocumented, are entitled to receive fair treatment under the law.
Under previous immigration policies, migrants crossing the border were charged with illegal entry and were housed in immigrant detention centers to await a future court date, where they could challenge the legality of their crossing before an immigration judge. In all cases, immigrants are entitled to a fair trial in court. However, under the Trump administration, immigrants are being deported before being able to do so, sparking debates over the constitutionality of this operation.
In some cases, unaccompanied children facing deportation proceedings have been left alone to defend themselves in court, without legal representation.
What other pathways to residency are available to immigrants?
The typical immigration timeline can be complex, lengthy, and expensive, except in the cases of specialty visas that allow some immigrants to bypass the usual process.
The newest specialty visa is the proposed Trump Gold Card, which Trump claims would replace current visas such as the EB-5 Immigrant Investor Program. The Trump Gold Card would allow wealthy foreigners to obtain direct residency in exchange for a $1 million investment in a US commercial enterprise. A potential second tier to the program, the Trump Platinum Card, allows recipients to stay in the US for up to 270 days a year without being taxed on any non-US earned income, in exchange for a $5 million contribution.
The H-1B program provides US companies with the opportunity to hire foreigners with exceptional ability, usually those with a bachelor’s degree or equivalent, to perform specialty operations. Most recently, Trump introduced an annual $100,000 application fee for companies in response to concerns that the visas were being abused and undercutting American labor. This new policy directly impacts Asian immigrants in particular, who constitute the majority of H-1B applications.
Another visa, known as the “Einstein” or Employment-Based Immigration First Preference (EB-1) visa, grants green cards for individuals with “extraordinary ability.” This visa is generally reserved for Nobel or Pulitzer Prize winners, internationally recognized professors, or multinational executives. However, controversy arose over how First Lady Melania Trump, a Slovenian former model, obtained the EB-1 visa in 2001 despite never having won a major award or been one of the top professionals in her field.
Most immigrants do not qualify for these three specialty visas. By offering a fast track for the wealthy, educated, or well-connected, the American pathway to legal residency leaves behind those who are most vulnerable.