The Quiet War on Immigrants, Round Two

In 2019, Sen. Ed Markey (D-Mass.) denounced a “stealth anti-immigration campaign” by the first Trump administration. Through a combination of high-profile policy changes like the travel ban on foreigners from Muslim-majority countries and less visible administrative tweaks, a report from the senator comprehensively documented that the Republican president “surreptitiously remade” the immigration system to fulfill a “perverse vision that erases the existence of immigrants in the United States.”

As it turns out, that was only the beginning. Now, seven years later, the second Trump administration has expanded those “under the radar” attacks against the entire US immigration system, as the senator again details in a follow-up report shared exclusively with Mother Jones. Those efforts, the report says, have “destabilized lawful presence, expanded enforcement, and reengineered adjudication to accelerate and prioritize removal.”

“This report shines a light on Trump’s cruel project to dismantle due process, strip immigrants of their lawful status, and turn our immigration courts into deportation machines,” Sen. Markey told Mother Jones. “The Trump administration must be held accountable for its attacks on our immigrant neighbors.”

The report revealsan administration that is pulling all levers to completely reorient the immigration system—including the elements that had been intended to support immigrants.The sweeping goal appears to bedestabilizing the lives of noncitizens in the United States and boosting deportations. “Refugee admissions have effectively stalled, humanitarian protections have been withdrawn or narrowed, work authorization has become more tenuous, and avenues to secure or retain lawful status have grown increasingly uncertain,” the report reads.

The Trump administration has not only stripped the legal status of hundreds of thousands of immigrants, but it has also made the process of seeking lawful status and even citizenship more burdensome and riskier. (Not to mention the ongoing crusade to undermine birthright citizenship.) For instance, last August, the Department of Homeland Security’s agency in charge of visas and immigration benefits rolled out a policy expanding the “good moral character” standard requirement for citizenship applicants, a requirement that introduced more subjectivity and unpredictability into the process.

Another approach with sweeping consequences with which the administration is changing the playing field can be seen in the politicization of the immigration courts, which are part of the Department of Justice. In addition to firing more than 100 immigration judges and replacing them with temporarily assigned military lawyers, the administration has transformed the make-up of the Board of Immigration Appeals, which reviews judges’ decisions.This body, in turn, has issued precedent-setting rulings that restrict immigrants’ access to due process and relief from deportation.

Even without formal legislative changes and while ostensibly keeping protections on the books, Sen. Markey concludes, President Donald Trump has nonetheless managed to create “not an openly dismantled immigration system, but one transformed from within, appearing legally intact” in which “individuals are not only more likely to become vulnerable to enforcement, but less able to avoid or defend against it.”