Trump's immigration crackdown challenges the rule of law

Tuesday 29 April 2025 - 11:05

By: Zahouani Ilham

Trump's immigration crackdown challenges the rule of law

Since the beginning of his second term, Donald Trump has intensified his hardline stance on immigration in the United States. Through a series of executive orders, the Republican president has sought to drastically limit access to U.S. territory, suspend refugee admissions, and deport millions of undocumented individuals, often leaning on old legal statutes and at times defying judicial rulings.

In January 2025, Trump announced what he described as the largest mass deportation effort in U.S. history, targeting approximately 11 million undocumented migrants. One of his first actions involved invoking a law from 1798 to deport over 200 alleged Venezuelan gang members to El Salvador, even in defiance of a judicial decision. The White House later admitted to an “administrative error” in the case of Kilmar Abrego García but refused to reverse the expulsion.

Legal challenges have quickly followed. On January 20, 2025, Trump signed six executive orders that drastically tightened border controls, declared a national emergency at the southern border, suspended refugee entry, and emphasized the protection of American citizenship. These measures, seen by many legal experts as violating both federal and international law, have faced serious practical and judicial obstacles.

Among the most controversial actions was the reinstatement of the “Remain in Mexico” policy, requiring asylum seekers to wait outside U.S. borders. Additionally, the CBP One mobile app, which streamlined asylum requests, was shut down, leaving migrants with almost no way to seek protection at the border.

Although the Supreme Court has affirmed broad presidential discretion over immigration, the 1951 Geneva Convention ratified by the U.S. ensures the right to asylum. Trump's sweeping suspension of asylum applications could therefore invite legal backlash on both domestic and global stages.

One significant move came in April 2025, when Trump terminated the CHNV parole program originally launched under Joe Biden for nationals from Cuba, Haiti, Nicaragua, and Venezuela. As of April 24, the 532,000 beneficiaries of the program lost their legal protections unless they secured another immigration status, triggering widespread concern among migrant advocacy groups. Organizations like Welcome.US have urged affected individuals to seek legal counsel promptly.

Despite his promises of mass deportations, numerous hurdles remain: the constitutional right to a fair trial, limited detention facilities, an estimated cost exceeding $300 billion, and widespread opposition from “sanctuary cities” like San Francisco and Chicago.

Trump has also revived calls to abolish birthright citizenship, which grants nationality to anyone born on U.S. soil. This principle is enshrined in the 14th Amendment and cannot be changed without a constitutional revision. A recent executive order attempting to limit this right was swiftly blocked by a federal judge as “blatantly unconstitutional.”

While Trump's rhetoric and actions have instilled fear in immigrant communities, his ability to achieve tangible results remains constrained by legal, economic, and political realities. As during his first term, the undocumented population has not significantly declined. The ongoing efforts to restrict immigration underscore deep tensions between executive power and the rule of law in contemporary America.