Incoming President Donald Trump promised to impact vast changes to the nation’s immigration system. Significant changes in immigration law and policy are expected to take shape immediately with President Trump ascension to the presidency. For instance, expect significant
changes to DACA and to TPS.

With Donald Trump winning the presidential election, significant changes in immigration law and policy for DACA and TPS recipients could be coming.

Here are six benefits that eligible immigrants should consider before January 20, 2025.

a. In 2016 then President Trumped attempted unsuccessfully to end DACA. In a 5 to 4 decision the United States Supreme Court upheld DACA but did not allow for new applications. With President Trump back in office he will most likely renew efforts to terminate DACA. It is advised that current DACA holders renew their status on time (every two years) and to keep their status current.

a. Those with DACA can also seek permission to travel outside the U.S. temporarily for humanitarian, educational, or employment reasons. Those who are eligible must apply for advance parole, which provides advance authorization to reenter the U.S. after temporary travel abroad. This privilege was eliminated by the Trump administration for four years but was reinstated by Biden in early 2021. This opportunity will likely disappear with a second President Trump presidential term. Individuals with DACA should consider applying for this privilege before 2025. As explained below, reentering the country with advance parole can ease he path to permanent residence and citizenship.

a. Individuals from certain designated countries such as El Salvador, Honduras, Nicaragua, Ukraine, Venezuela, and Haiti amongst other countries can apply for protection from deportation, a work permit, and a travel permit under a policy known as Temporary Protected States or TPS. During the first term of President Trump, he attempted unsuccessfully to block this program but was stopped by a federal court. Those with current TPS should endeavor to maintain their status and those eligible should apply before January 2025.

a. Anyone with TPS or DACA who marries a United States citizen or has an adult child born in the United States has a viable path to become a lawful permanent resident. In reentering with advance parole, one with TPS or DACA (without a prior order of deportation or other grounds for inadmissibility) can obtain their green card without the lengthy process of securing a pardon and having an interview at a United States consulate abroad.

a. It is very common for undocumented non-citizens physically present in the United States to seeka a “pardon” to obtain lawful permanent resident status. This is required even if one has a United States citizen spouse or adult child. The pardon waives the get a green card, even with a U.S. citizen spouse or adult child. This pardon waives the usual 10-year penalty requiring them to leave the U.S. before obtaining permanent residence. They must demonstrate that leaving would result
in “extreme hardship” to a U.S. citizen or resident spouse or parent. It is more than likely that the incoming administration under President Trump will do away with the I-601(a) provision that allows spouses of United States citizens to apply for pardon inside the United States. Unfortunately, this type of procedure will greatly increase the time that individuals are separated from work and family.

a. It is important for permanent residents who are eligible to become United States citizens. A second Trump presidency will likely see citizenship eligibility tighten and fees raised.