Immigration Under Trump
N. Peter Antone
By N. Peter Antone
I have been practicing immigration law for over 30 years, and I am consistently puzzled by the shortcomings of our system—shortcomings that our politicians have been unable to address. First, we are an aging nation. Without new immigrants, our population will shrink and age, threatening our ability to innovate and weakening our Social Security system.
A vast number of intellectuals and highly skilled professionals from around the world want to come here and contribute to our economy, yet our bureaucratic system creates enormous delays and red tape. Additionally, our economy relies on both skilled and unskilled workers to fill seasonal jobs in construction, landscaping, agriculture, and household work. These workers are willing to take on these roles for reasonable wages that still support their families back home, all while providing us with affordable labor. Lastly, we must continue to uphold a family reunification system that allows children, parents, spouses, and other close relatives to join their loved ones here.
Throughout my decades of practicing immigration law, I’ve observed a recurring pattern: when one party is in power, the other assumes they will push immigration policy to an extreme and refuse to cooperate on finding common ground. For example, when Republicans are in control, Democrats assume they will move to severely restrict immigration. Conversely, when Democrats hold power, Republicans believe they will push for an open borders policy and withhold any cooperation. Even during times when one party had filibuster-proof control, such as the first two years of the Obama administration, immigration reform was not addressed.
During the Biden administration, millions of undocumented immigrants were allowed into the country. While one could argue that we are a hospitable nation, this generous approach backfired with the election of President Trump. Even if we do need millions of skilled and unskilled laborers, there must be a more structured system than open-border entry. Additionally, in hindsight, it’s unfair to bring so many people in through an executive order—one that can be easily repealed by the next president, as we saw happen—rather than through laws enacted by Congress, as should be the case. Laws passed by Congress cannot be altered by executive orders.
During his campaign, while Trump strongly criticized undocumented immigration, he made comments that suggested he had some sensible ideas about legal immigration. He proposed that foreign students who excel in our schools should have an easier path to obtaining green cards. He also expressed sympathy for “Dreamers”—foreign nationals brought to the U.S. as children through no fault of their own. As the owner of several golf courses, President Trump must be aware of the critical need for landscape workers, many of whom are brought from other countries to work during the golf season. Additionally, he appointed Elon Musk and Vivek Ramaswamy to lead efforts to make our government more efficient—both of whom are beneficiaries of the U.S. immigration system’s preference for highly qualified experts.
Could Trump be the president who finally convinces Congress to enact permanent changes to our immigration system, making legal immigration more reasonable while making undocumented immigration more difficult? History is filled with examples of hardliners who, with political capital and the trust of their side, were able to negotiate compromises accepted by both sides. Take Menachem Begin, a hardliner who signed Israel’s first treaty with an Arab country, or Yitzhak Rabin, a former tough army commander, who signed the Oslo Accords. Even Richard Nixon, a hardline Republican, opened relations with China. Whether one likes or dislikes Trump, we can only hope he can do what’s right for our country on the critical issue of immigration.