Aug 21, 2024
Immigration, consistently one of the most contentious and complex issues within the United States, has taken center stage in the 2024 elections. According to a national poll by The Wall Street Journal, the importance of immigration has risen significantly, with 20% of voters now prioritizing it, up from 13% in December.
No matter your political views, it’s important for immigration law firms and individuals to really know where each presidential and vice-presidential candidate stands on immigration. This understanding will help you prepare for any policy changes that could come with a new administration.
In this article, we’ll break down the immigration policies of both presidential candidates and their running mates for you.
Immigration policy has been a central theme in former President Donald Trump's campaign, marked by his focus on illegal immigration and his characterization of illegal immigrants as criminals. He famously promised to build a substantial wall along the U.S.-Mexico border, funded by Mexico. Additionally, Mr. Trump proposed restrictions on legal immigration and guest-worker visas, including a temporary suspension of green card issuance to lower immigration levels. His position on H-1B visas fluctuated, culminating in opposition to the H-1B visa program by late July 2016.
Donald Trump's administration aimed to decrease both legal and illegal immigration, introducing measures such as a travel ban on various Muslim-majority countries and significantly reducing the number of refugees admitted to the U.S. The travel ban underwent multiple changes due to legal challenges and was eventually approved by the Supreme Court in June 2018.
During his campaign, former President Donald Trump emphasized U.S. border security and the risks he believed were associated with illegal immigration from Mexico, advocating for tough measures. He promised to build a wall along the U.S.-Mexico border and claimed that Mexico would pay for it using increased fees from border crossings and tariffs related to NAFTA. Mr. Trump's idea for the wall varied in scope but it aimed to be stronger than the current fences under the Secure Fence Act of 2006. Mr. Trump also proposed boosting the number of Border Patrol agents to strengthen border security.
In early 2018, the Trump administration introduced a "zero tolerance" policy that led to children being separated from their parents or relatives at the U.S. border, including those seeking asylum. Announced on May 7, 2018, by the Justice Department, the policy mandated that families caught entering the U.S. illegally be split up: adults were sent to federal jails and children were housed in shelters. This policy, a collaboration between the Departments of Homeland Security and Justice, marked a tough stance on immigration enforcement.
In 2012, President Obama issued the "Deferred Action for Childhood Arrivals" (DACA) executive order, which enabled about 800,000 young adults, known as "Dreamers," to work legally in the U.S. and protected them from deportation. Former President Trump tried to cancel DACA in September 2017 and asked Congress to come up with a new law before the existing protections expired in March 2018. His attempt sparked significant protests and backlash from business leaders who were concerned about the economic consequences. However, legal challenges held up the termination of DACA, and in June 2020, the Supreme Court decided that Mr. Trump's move to end DACA was unjustified.
Mr. Trump has proposed changes to a merit-based immigration system that shows a clear preference for skilled workers instead of family-based immigration. Pushed by Republican leaders, this reform seeks to end "chain migration," where immigrants can bring family members to the United States. The goal is to focus on the needs of American workers, making sure immigration policies match the demands of the national job market and prioritize economic benefits over family ties.
Senator J.D. Vance of Ohio, recently chosen as Donald J. Trump's vice-presidential running mate has shifted from being a critic to a firm supporter of former President Trump's policies, especially on immigration. Senator Vance supports Mr. Trump's strict approach to illegal immigration and favors changes to the legal immigration system. He supports completing the border wall and is against offering amnesty to undocumented immigrants. Instead, he promotes a system that favors skilled immigrants who can contribute to the U.S. economy, aligning closely with Mr. Trump's goal for a secure and orderly immigration policy.
Senator Vance is a firm advocate for tight immigration rules, aiming to protect U.S. security and jobs for American workers. He has suggested laws to cut down on illegal visa overstays and believes that unchecked migration across the southern border is causing higher housing costs and lower wages. Recently he detailed a plan to deport undocumented immigrants with criminal records and proposed restricting their job opportunities in the U.S. to deter new migrants.
Senator Vance believes that undocumented immigrants drive down wages by providing cheaper labor, especially in states like Ohio. Senator Vance suggests that businesses should exclusively hire from the pool of seven million working-age American men who are currently unemployed.
While supporting legal immigration, Senator Vance pushes for changes that would increase the economic benefits immigrants bring to the United States. He wants stricter rules for legal immigration and has suggested making it harder for immigrants to qualify for asylum. His goal is to prioritize types of immigration that boost the nation's economy.
Vice President Harris is actively promoting immigration reforms with a focus on protecting vulnerable groups. Vice President Harris's focus has been on tackling the root causes of migration from Central America. In 2023, she managed to secure $950 million to help address these issues. Vice President Harris acknowledges the problems within the U.S. immigration system and continues to advocate for changes, including creating legal paths for Dreamers, despite obstacles from a failed bipartisan bill that Mr. Trump opposed.
If Vice President Harris becomes President, she plans to keep pushing the Biden administration's efforts to change U.S. border policies. This includes making it easier for immigrants, like Dreamers, to become citizens and improving how asylum requests are processed.
Vice President Harris recently emphasized the significant contributions Dreamers make to American society, including their roles in the military, schools, and business world, underscoring their importance to our communities and economy. Vice President Harris also shared how she and President Biden are not just working to keep DACA in place but to enhance it by improving Dreamers' access to affordable healthcare, which she believes will benefit the overall health of communities.
The Harris campaign plans to target what they see as flaws in former President Trump’s immigration policies. These include his role in controversial practices like family separations. Her allies recall her strong opposition to Mr. Trump’s child separation policy when she was a senator and expect her to keep pushing for both tight border security and better integration of long-term immigrants.
Early in his presidency, President Biden gave Vice President Harris the job of addressing the main reasons behind migration from Central and South America. Vice President Harris has faced some criticism from Democrats near the border for not visiting sooner, and despite her focus on addressing the root causes, the number of migrants crossing the border remained high.
When Kamala Harris became the district attorney of San Francisco in 2004, she quickly became known as a champion for immigrant rights. She took legal action against an unlicensed contractor who was cheating day laborers out of their wages and spoke out against federal laws that would make it a crime to help undocumented individuals. As California's Attorney General, she stood up against a Republican bill that wanted to stop federal funding to California police departments that followed the state’s sanctuary laws, which protect migrants from being held too long before being handed over to immigration authorities. In a 2015 letter to U.S. senators, Harris argued that getting local police involved in immigration matters damages the trust within communities.
Governor Tim Walz of Minnesota advocates for supportive immigration policies that help immigrants become part of their communities. Although he isn't directly involved in decisions about the U.S.-Mexico border, Governor Walz has supported laws that create ways for some undocumented migrants to become citizens. As governor, he has introduced progressive measures like providing health insurance, driver's licenses, and free college tuition to undocumented immigrants. In 2021, he called for national immigration reforms to help "Dreamers," essential workers, and those with Temporary Protected Status (TPS). While he once supported tougher screenings for Syrian and Iraqi refugees as a congressman, by 2019 he was fully backing refugee resettlement in Minnesota, declaring, "The inn is not full in Minnesota."
As Governor of Minnesota, Tim Walz has been a strong advocate for welcoming immigrants and promoting diversity. Governor Walz has criticized the slow process of reviewing asylum applications and supported a bipartisan bill aimed at speeding up this process, though it did not pass. Additionally, he has argued against Mr. Trump’s plan to finish building the southern border wall, suggesting that technological solutions and improved border control are more effective than physical barriers.
In March 2023, Governor Walz signed a new law in Minnesota that allows everyone, no matter their immigration status, to get a standard driver's license. He explained that this move is aimed at making the roads safer because when all drivers are licensed and insured, it benefits everyone in the state.
In 2018, while running for governor, Tim Walz supported the idea of making Minnesota a "sanctuary" state. This means the state would limit how much local law enforcement can work with federal immigration authorities. Governor Walz backed this policy because he believes that states should have the freedom to decide how to handle immigration enforcement, rather than leaving it all to the federal government.
Governor Tim Walz has confirmed the state's commitment to keep its refugee resettlement programs going. This was in response to a 2019 executive order that required states and local areas to agree before accepting refugees. Governor Walz sent a strong message to Secretary of State Mike Pompeo, emphasizing Minnesota's moral duty to welcome people in need and announcing the state's intention to fight any restrictions from the order. He also mentioned that Minnesota has been a refuge for large groups of refugees from war-torn areas, hosting the largest Somali and Karen (from Burma/Myanmar) communities in the U.S., along with significant Hmong and Liberian populations.
As immigration policies are likely to change with the upcoming election, law firms need to be prepared to adjust quickly to new rules and requirements. Docketwise, a software platform for managing immigration cases, offers the necessary tools and resources to handle these changes efficiently. The platform is designed to make workflows smoother, helping your firm stay adaptable to new policies and continue providing outstanding service to your clients.
By leveraging Docketwise, law firms can enhance their flexibility and preparedness, no matter which candidate wins the election. Our platform supports you in staying ahead of the curve, empowering you to meet the demands of a dynamic immigration landscape. As a dedicated immigration case management, immigration forms management, and CRM platform tailored to the diverse needs of immigration law firms of all sizes and practice areas, Docketwise gives attorneys the tools they need to deliver best-in-class services.
If you’re new to Docketwise and would like to try and see if it’s a good fit for your firm, schedule a demo on our website today.
And check-out the official Docketwise podcast, "Immigration Uncovered," and don't forget to subscribe to "Immigration Insights," a quick five-minute newsletter that keeps thousands of immigration lawyers informed and up-to-date!
