UNITED STATES: What’s next? How the corporate immigration landscape could look under the second Trump Administration.

December 18, 2024

By: Jonathan Fetting, Senior Associate, Newland Chase Advisory  

President-elect Trump’s campaign for the White House relied heavily on the promise of securing America’s borders and ending what it termed “the migrant invasion.” Trump, along with Republican allies, presented a strong stance against what they viewed as the open-border policies of the current administration. They believed that these policies led to an influx of unchecked immigration, accompanied by criminal activities associated with illegal migrant flows. Trump’s platform aimed to restore what he described as “law and order” to the immigration system, halt the flow of unauthorized immigration—particularly over the Southern border—and protect U.S. sovereignty to secure a “safe and prosperous future for all Americans.”

At the core of his immigration agenda, Trump’s platform focused on robust enforcement measures— reducing illegal immigration and restructuring legal immigration to prioritize skills and economic contributions. This combination of strict border control and limiting immigration to those deemed beneficial to the U.S. economy became a defining feature of his political identity and campaign rhetoric.

Main components of Trump’s immigration plan.

Securing the border.

Trump proposed reinstating immigration policies from his first term, including halting all releases of illegal immigrants into the US, completing the US-Mexico border wall, shifting federal law enforcement resources to focus more on immigration enforcement, and deploying advanced technology and military personnel to help monitor and secure the border.

Enforcement of immigration laws.

The plan called for bolstering the enforcement of immigration laws, including strengthening the U.S. Immigration and Customs Enforcement (ICE) agency, increasing penalties for illegal entry and overstaying visas, and using the Alien Enemies Act to deport criminals and those suspected of criminal activity. Additionally, the campaign advocated reinstating travel bans, utilizing public health policies to swiftly return trafficked children to their home countries, and enforcing stricter penalties for violations.

Offering Green Cards to U.S. university graduates.

In June 2024, Trump floated a proposal to attract and retain high-skilled talent within the US. He suggested offering Green Cards to graduates of U.S. universities, particularly those completing advanced degrees. This initiative aims to keep top international talent in the country by creating a clearer pathway to permanent residency for graduates in fields critical to the U.S. economy, such as technology, engineering, and healthcare. While the specifics are yet to be fully outlined, this proposal underscores a focus on economic growth and competitiveness through a skilled workforce.

Deportation of unauthorized immigrants.

One of the most ambitious aspects of the plan is to launch the largest deportation initiative in U.S. history, aimed at removing the estimated 11 million undocumented immigrants living in the country. This would include mass removals and the use of federal authorities to locate and deport those without legal status.

Stricter vetting of foreign migrants.

The campaign promised to implement more stringent vetting processes on foreign migrants, utilizing existing federal laws to ensure that only those who meet higher standards would be admitted into the country.

Ending sanctuary cities.

The plan called for cutting federal funding to sanctuary cities—areas where local governments refuse to cooperate with federal immigration enforcement efforts. This move was designed to force local jurisdictions to align with federal immigration policies.

Merit-based immigration.

The plan emphasized prioritizing merit-based immigration, where individuals seeking to enter the US would need to demonstrate skills and economic contributions. It also aimed to limit family-based immigration (often referred to as “chain migration”), focusing instead on individuals who could contribute positively to the U.S. workforce and economy and ensuring that immigrants would not become a burden on public resources.

In summary, Trump’s immigration agenda emphasizes a hardline approach to both border security and the legal immigration system, focusing on enforcement, reducing illegal immigration, and prioritizing immigrants who provide an economic benefit to the country. This platform has been a hallmark of his political messaging and remains central to his broader vision for the future of America’s immigration policy.

The impact of Trump’s immigration policy on corporate immigration.

So, what are corporations to expect under the Trump Administration in 2025 and beyond? We anticipate that corporations in the US can expect significant changes to the immigration system, particularly in areas that affect employment, foreign labor, and business operations. While the specifics will depend on the exact policies to be rolled out, based on Trump’s previous policies and his ongoing rhetoric, we can anticipate some of the likely changes corporations will encounter.

Stronger enforcement of immigration laws.

Corporations will likely face increased scrutiny in their hiring practices. There may be heightened enforcement of existing laws related to the employment of foreign workers, particularly through audits of use of the E-Verify system, which checks the eligibility of workers to work in the US. Companies may face penalties for hiring unauthorized workers or for not properly verifying the immigration status of their employees.

Organizations that fail to comply with immigration laws could face stricter penalties, including larger fines for hiring undocumented workers or employing individuals without proper work authorization. Expect more frequent inspections and audits from agencies such as ICE or the Department of Labor.

Changes to employment-based visa programs.

The H-1B visa program, which allows U.S. companies to hire foreign workers in specialty occupations, may face stricter limits or reforms aimed at prioritizing high-skilled workers. Trump’s administration may push for a system that places more emphasis on merit-based immigration, favoring applicants with higher educational qualifications, technical skills, and strong economic potential. This could make it harder for corporations to sponsor foreign workers without the right skills.

Trump has expressed a preference for reducing the number of low-skilled workers entering the country. Under his administration, corporations may face more stringent requirements for hiring foreign workers in fields like agriculture, construction, and other manual labor positions, which are often filled through programs like the H-2B visa or agricultural worker programs.

Corporations may also see longer wait times and additional hurdles for foreign workers seeking visas. Enhanced background checks and more stringent vetting of workers—especially those from certain countries—could delay or complicate the hiring process for international talent.

Focus on merit-based immigration.

The Trump Administration is likely to prioritize a merit-based immigration system that favors immigrants with advanced degrees, specialized skills, and higher economic potential. Corporations may benefit from access to a more skilled workforce, but they will likely need to meet stricter criteria when sponsoring workers or employees who want to immigrate.

Trump has often called for reducing family-based immigration (or “chain migration”) in favor of a system that focuses more on individual qualifications. This could limit the ability of employees to sponsor family members for immigration, which, in turn, could influence recruitment strategies—especially in industries that depend on immigrant labor.

Restrictions on immigration relief programs.

Under the Trump administration, Temporary Protected Status (TPS) for immigrants from certain countries may end or face severe restrictions. TPS has allowed workers from nations affected by war, natural disaster, or other crises to live and work in the US. Legislation or executive action could phase out these programs, particularly if a major reform to the immigration system is enacted. Corporations that employ individuals on TPS may be affected by potential deportations or limitations on the legal status of their workforce.

Tighter enforcement on international student visas.

Corporate hiring strategies for STEM graduates could be impacted by immigration policy changes. The previous Trump Administration targeted international student visas, particularly those in certain fields like engineering, computer science, and medicine. There could be an increased focus on ensuring that foreign students contribute to the U.S. economy and avoid overstaying their visas. This could potentially lead to fewer international students being able to stay and work in the US after graduation.

In conclusion, corporations in the US can expect significant changes to the immigration landscape under the new Trump Administration, particularly in areas involving hiring practices, employment-based immigration and the broader labor market. While companies may benefit from a more skill- and merit-based immigration system, they could also face challenges related to labor shortages, higher costs, and the increased administrative burden of compliance with stricter immigration laws.

As policies unfold, businesses will need to adapt quickly to ensure they remain competitive, while navigating a more restrictive and enforcement-heavy immigration environment. Contact Newland Chase for expert support and advice.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.