Since taking office, President Trump has issued hundreds of executive orders, memoranda, and proclamations, many of which pertain directly to immigration, asylum, and refugee resettlement. These actions, along with additional executive orders and legislation expected in the weeks and months ahead, are poised to reshape United States immigration policy in a significant way for many years to come.
In response, HIAS has launched a series summarizing important developments and explaining what they mean. These recap posts, along with relevant articles, statements, and resources, can be found at a page we’ve built to track the new administration’s effect on displaced people.
This week, we review how actions recently taken by the Trump administration impact refugees and other displaced people.
U.S. Supreme Court Allows Alien Enemies Act to Move Forward
What happened: On April 8, the U.S. Supreme Court ruled that individuals detained under the Alien Enemies Act were entitled to a degree of due process under the law, including the right to be notified of their impending deportation and the right to contest it — but that they may only file a legal challenge in the location of their detention. The Court avoided ruling on a key legal issue surrounding the Alien Enemies Act: the Trump administration’s claim that the law applies to Tren de Aragua, a criminal organization, even though it is not a sovereign government against whom the United States is at war. Nor did the Court determine what would happen to those who have already been deported.
What it means: Due process is fundamental to the rule of law. Without it, individuals in the United States cannot challenge unlawful action that jeopardizes their safety. The Court’s affirmation of the need for due process is an important defense of one of our most basic democratic principles. However, the Court’s order that individuals must file a legal challenge where they’re detained raises questions about the possibility of timely securing legal counsel.
There are more than 200 people who have been sent to a prison in El Salvador using a policy that was written hundreds of years ago to apply to wartime enemies. The usage of the Alien Enemies Act is enabling a draconian deportation policy under the guise of a false national security argument. The Alien Enemies Act of 1798 was last invoked during WWII where it was the basis for the detention of individuals of Japanese descent in internment camps. It is a stain on our history and our present.
U.S. Supreme Court Sides with Illegally Deported Immigrant
What happened: On April 10, the U.S. Supreme Court partially affirmed a lower court judge’s order for the government to “facilitate” the return of an immigrant it had wrongly deported. In late March, the administration acknowledged that it had deported Kilmar Abrego Garcia, a resident of Maryland married to a U.S. citizen, due to an “administrative error” — yet refused to comply with Judge Paula Xinis’ order to return Garcia from El Salvador where he is currently imprisoned at the risk of severe harm. This risk is known: an immigration court ruled in 2019 that Garcia could not be legally deported to his native El Salvador due to a credible threat of persecution.
What it means: The Trump administration has deported an individual whom an immigration judge had granted lawful status to live in the U.S. This is an egregious erosion of the rule of law. Remarkably, the government continues to insist there is nothing it can do to help or bring him back to the U.S.
The administration’s reckless refusal to comply with court orders is deeply alarming, especially in a situation where the government has purposely placed an individual’s life directly at risk of severe harm or torture.
The Alien Enemies Act of 1798 was last invoked during WWII where it was the basis for the detention of individuals of Japanese descent in internment camps. It is a stain on our history and our present.
House Passes Legislation Requiring Proof of Citizenship to Vote
What happened: The House of Representative passed the Safeguard American Voter Eligibility (SAVE) Act, which would require proof of citizenship for registering to vote in future elections. The bill would also require states to develop a program for removing undocumented immigrants from voter rolls and would allow citizens to sue election officials who don’t require proof of citizenship.
What it means: The push to require citizenship for registered voters is based in the fallacy that a large number of noncitizens engage in voter fraud. In fact, this number is statistically insignificant. After all, the law prohibits noncitizens from voting in elections. A result of the SAVE Act is to create obstacles to voting for citizens who do not have ready access to proof of their citizenship.
Department of Homeland Security Will Begin Monitoring Immigrants’ Social Media for ‘Antisemitic Activity”
What happened: U.S. Citizenship and Immigration Services (USCIS) announced on Wednesday, April 9 that effective immediately, they will begin screening the social media accounts of noncitizens for antisemitic content, to use in immigration determinations such as visa and green card applications.
What it means: As a Jewish organization, HIAS is acutely aware of the rise in antisemitism. But the Trump administration’s invocation of antisemitism as a pretext to undermine the rights of noncitizens engaging in protected speech does nothing to protect the interests of Jewish people in the United States. Instead, it uses the safety of the Jewish community as a guise for legitimizing draconian policies against immigrants, and some Jewish organizations are speaking out in opposition.
USCIS Registration Requirements Go into Effect
What happened: On April 10, a federal judge denied a request to temporarily block the Trump administration’s requirement that certain noncitizens must register with and provide sensitive information to the federal government. The registration requirement, first announced in February, requires individuals who are 14 years old and older to submit fingerprints and set up an online account with the U.S. Customs and Immigration Services (USCIS). Individuals must carry proof of registration with them; those who do not comply risk criminal prosecution.
What it means: The requirement for noncitizens to register or face criminal prosecution infringes on their Fifth Amendment right against self-incrimination. The ruling presents these individuals with a Catch-22: register with USCIS and face possible deportation or avoid registration and face possible arrest. This impossible choice will force noncitizens into the shadows, affecting families, businesses, and communities.
Un refugiado afgano lucha por rescatar a su familia frente a unas probabilidades imposibles
Seguir leyendoTrump Administration Moves to Cancel Immigrants’ Social Security Numbers
What happened: The Trump administration has moved to effectively cancel the social security numbers of thousands of immigrants by adding the names of noncitizens in the U.S. to the “death master file,” which Social Security uses to curtail services to those who have died. Without a social security number, many individuals are not eligible to obtain employment, open a bank account, or acquire a credit card.
What is means: The administration’s claim that it would only target convicted criminals, and “suspected terrorists” inspires little confidence — there is risk that many who do not fall within either category will be included in the “death master file.” Additionally, this represents another instance of the Trump administration undermining the traditional independence of government agencies to compel noncitizens to leave the country.
Trump Administration Continues to Defy Court Order to Resume Refugee Resettlement
What happened: On April 9, a federal judge denied the Trump administration’s efforts to continue to defy the court’s prior order in Pacito v Trump, a lawsuit in which HIAS is a plaintiff. The judge confirmed that the government should resume processing refugees approved prior to January 20, 2025, into the United States — and resume funding for refugee resettlement agencies such as HIAS so that they can help to welcome newly arrived refugees.
What it means: When the refugee resettlement program was abruptly suspended on January 20, there were thousands of refugees who had already completed their security and medical screenings and had been conditionally approved to come to the United States. Many even had plane tickets in hand and were left stranded abroad. On March 25, the ninth circuit court ruled that the Trump administration must resettle the refugees who had been approved prior to January 20. The government, in still ignoring this order, continues to defy the court.
Judge Halts Government’s Attempt to End Parole for Cubans, Haitians, Nicaraguans, and Venezuelans
What happened: A federal judge said that she will temporarily prevent the Trump administration from ending the parole status for hundreds of thousands of Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) in the U.S. Their parole status was scheduled to end this month.
What it means: The CHNV program was established by the Biden administration to provide those fleeing these countries with a means of entering the United States, and in so doing, to reduce irregular migration on the southern border. If implemented, the Trump administration’s policy would revoke protection from deportation for hundreds of thousands of people.
