The results of Tuesday’s elections in the United States caught the entire nation by surprise. The election of President-elect, Donald Trump has generated fear, worry and uncertainty for many immigrants. However, it is unlikely that this will have an immediate impact on foreign nationals who are legally present in the United States. Despite all of the “rhetoric,” there are no immediate changes to existing laws, regulations or policies which will remain in effect.
Mr. Trump has repeatedly indicated, amongst other things, that once he is President, he will make it a priority to end President Obama’s executive order, namely Deferred Action for Childhood Arrivals (DACA), an initiative to protect about 700,000 DREAMERS who were brought to the country illegally as children. While some actions such as resetting the “enforcement” priorities of the Department of Homeland Security (e.g. heightened deportations) or reversing President Obama’s executive actions could be done quickly, Trump’s other proposals (e.g. building a wall, a Muslim ban), would require Congress to change the current laws and/or spend billions of dollars on implementation. Whether Trump follows through on his proposed immigration changes remains to be seen. But, for now, what is clear is that none of these proposed changes affect foreign nationals who are here legally on nonimmigrant visas (e.g. F-1 students, professionals or investors (E-1, E-2, E-3, H-1B, H-3, I, J, L-1, M-1, O-1, O-2, P-1, P-2, P-3, R-1, TN) or those who are applying for green cards through employment (EB-1, EB-2, EB-3, EB-4 or EB-5) or family-based petitions. In sum, it is unlikely that foreign nationals who are here legally will be impacted.
Please note that any meaningful changes to the immigration system, whether to the Immigration and Nationality Act or through regulations, would require action on the part of both the Senate and Congress – all of which would take a significant amount of time.
On behalf of the Loke Walsh Immigration Law team, and personally, as an immigrant, an immigration lawyer, a small business owner and a U.S. citizen, I continue to believe in the American dream for everyone – for immigrants, for people of all races and religions, for men, women and children, for LGBT people, for people with disabilities – for all. We are hopeful that the country will come together with a sense of unity, a sense of inclusion, to respect and cherish each other, our institutions and constitutional democracy – our way of life.
In the meantime, the Loke Walsh Immigration Law team will continue to keep you informed with any updates.
