Trump’s First 100 Days and Four Key Impacts on New York’s Immigrant Communities

In its first 100 days, in a "flood the zone approach,” the Trump Administration has issued over 25 presidential orders (executive orders, presidential memoranda and presidential proclamations) and taken hundreds of policy actions on immigration. These actions test the boundaries of executive power and the law, and as a result, litigation challenging the legality of these polices abound. Attacks on immigrants have come not only from the Executive, but also from Congress with anti-immigrant bills and funding for the mass deportation agenda set by the Administration. Citizens have also been caught up in the chaos of the enforcement dragnet. As the number of executive actions impacting immigrants have continued to grow since the first week’s Executive Orders (EO) described here, so have the consequences to all New Yorkers and pivotally to the foundations of democracy and rule of law in our country. 

As described below, policies have ranged from dramatically widened immigration enforcement in the U.S. interior, increased collusion between the Department of Homeland Security (DHS), (including Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP)) and law local enforcement as well as with other federal agencies like the Internal Revenue Service (IRS) to expand ICE’s reach. This has been coupled with expanded efforts to strip legal status from immigrants lawfully in the United States, including detaining visa and green card holders and efforts to attack birthright citizenship. Organizations that serve immigrants and jurisdictions that have so-called "sanctuary" policies are also under attack, creating a chilling effect on providing and accessing essential services. 

This factsheet highlights 4 key impacts in the first 100 days focusing on their impact in New York. It does not cover every action impacting immigration and immigrants from the first 100 days. We focus on:

  1. Expanded surveillance, enforcement, and detention, bypassing due process and instilling fear in communities;
  2. Attacks on lawful immigration status, from citizenship to temporary status, putting many more at risk of deportation; 
  3. Attacks on organizations that serve immigrants, leading to barriers in both providing and accessing essential services; and 
  4. Attacks on "sanctuary jurisdictions” undermining safety for immigrants and the broader community.  

Many more consequences and ripple effects in immigrant communities, the broader community and economy, and our democracy will not be apparent for months and years to come.

Impact 1: Expanded surveillance, enforcement, and detention, bypassing due process and instilling fear in communities

  • Threats to due process: 
    • The expanded use of expedited removal, which allows DHS officers to deport people without a court hearing.
    • The invocation of the Alien Enemies Act to deport alleged members of Tren De Aragua to El Salvador has led to a confrontation with the Supreme Court, which has ordered that immigrants designated as “alien enemies” must have access to due process and the ability to challenge their detention and removal.  
    • The passage of the Laken Riley Act that makes people simply accused of certain crimes subject to mandatory ICE detention with the possibility of release on bond.

Impact 2: Attacks on lawful immigration status, from citizenship to temporary status, putting many more at risk of deportation 

  • Attacks on students, visa holders, and green card holders 
  • Nationally more than 1,700 students have lost their F-1 or J-1 student status as part of the Trump administration’s agenda on immigration and alleged antisemitism. 
    • A first-week EO laid the foundation for country-based travel bans, or a renewed Muslim Ban. While this remains a policy goal, there has not yet been a broad travel ban like the one reported on last month. Instead, the Administration has taken steps toward a silent ban such as revoking student visas, targeting countries in the Middle East, Africa and Asia and restricting visas from South Sudan and Chad.
  • Attacks on birthright citizenship
    • Trump ordered federal agencies not to recognize the U.S. citizenship of children born in the United States when one parent does not have permanent status. This would effectively create a group of second class citizens who will not have access to the same benefits available to all U.S. citizen children. This would be devastating to New York’s immigrant families, many of whom are of mixed status, if it takes effect. Thus far, this policy has been enjoined by the courts. 
      • NY example: Latino Justice PRLDEF filed suit with NYIC as a named plaintiff and a 31-year-old Venezuelan pregnant woman who currently holds Temporary Protected Status in one of the lawsuits changing the attempt to end birthright citizenship. 

Impact 3:  Attacks on organizations that serve immigrants, leading to barriers in both providing and accessing essential services

  • Barriers to accessing public benefits. The EO “Protecting the American People Against Invasion” directed federal agencies to resume a prior policy to restrict access to public benefits for undocumented immigrants. Further, an Executive Order and Fact Sheet to “ensure taxpayer resources are not used to incentivize or support illegal immigration.” Even though most undocumented people are not eligible for public benefits, this has led to a chilling effect where providers of essential services, like hospitals and other providers that receive federal funds, are implementing citizenship-check requirements, denying services to New Yorkers. 
  • Limiting language access. The Administration declared English as the official language and rescinded a quarter-century-old Executive Order requiring federal agencies to take steps to improve language access for limited English proficient individuals. Nearly 30% of New Yorkers speak a language other than English at home, and over 2.5 million New Yorkers are limited English proficient, demonstrating why language access is so critical in enabling New Yorkers to access information and services from federal agencies across sectors from health to justice.

 

  • Cuts to federal funding that provide critical services to immigrants. Here are just some examples:
    • The Administration suspended refugee resettlement in its first week. This program has allowed people who have experienced persecution to seek refuge in the United States, including in New York. This decision has particularly impacted cities in upstate New York that have welcomed refugees and the refugees living in those communities who were awaiting reunification with family members through the resettlement program. These families and the organization that serve them are now in limbo.
    • Legal representation for unaccompanied children facing was deportation cut, impacting legal services providers in New York and their ability to provide critical services. 
    • Cuts to Federal Emergency Management Agency (FEMA) funding impacting a food pantry in New York that serves immigrants as well as the broader New York community.

 

  • A Presidential Memo undermining the immigration bar and attorneys, creating a chilling effect for those who provide due process for immigrants and who challenge the legality of Administration's policies. This is happening at a time when immigrants need representation more than ever and when representation and good legal advice can be the best defense to deportation. There is also a chilling effect on the entire legal community, including the private bar, which takes on immigration cases on a pro-bono basis.  
  • Restricting federal loan forgiveness for those who work in the immigration field, creating a barrier for staff to join or to stay in the field.

 

Impact 4: Attacks on “sanctuary jurisdictions" undermining safety for immigrants and the broader community   

  • Direct threats state/city laws and policies that promote public safety such as the Department of Justice’s lawsuit challenging New York State’s Green Light Diver’s Licence law.
  • Cuts to city/state funding from the federal government. This also impacts many non-profits that serve immigrants directly who also receive federal funding passed through to the state or city, as described further in the category above on attacks on organizations. In New York City, FEMA funding allocated to reimburse the city for migrant shelters and services was revoked. 
  • Congressional investigation of “sanctuary jurisdictions,” including calling Mayor Adams of New York City and Governor Hochul to testify before Congress on immigration. 
  • Legislation to further threaten jurisdictions such as H.R. 32. This bill would strip state or local governments of federal funds it “intends to use for the benefit” of immigrants without legal status. The bill names federal funding for “food, shelter, healthcare services, legal services, and transportation,” but leaves the door open to “any” funding being cut. Should it pass, H.R. 32 could be used to target federal funding for New York. This does not just impact immigrants; at risk could be funding across sectors that provide critical services for New Yorkers. Many of the grants and programs targeted for funding cuts under the bill benefit all members of a community, citizen or noncitizen alike.