How to Prepare for Immigration Changes After the November Election

Election season is in full swing here in the U.S., with Election Day approaching on November 5th. The U.S. immigration journey often brings a lot of anxiety and uncertainty, and this is especially true when we face the possibility of a new President come January 2025. Many clients have asked us how they can prepare for U.S. immigration changes that may occur after the November election. U.S. immigration laws are foundational, but the President has significant influence over immigration policies and potential changes. Given the unpredictable nature of campaign promises versus actual policy implementation, it’s essential to prepare for any scenario.

Potential Policy Changes Based on Presidential Candidates

If a Trump Administration Takes Office:

• Restore Restrictive Immigration Policies: Potentially reinstate previous restrictive measures.
• Seal the Border: Increased focus on border security.
• Mass Deportation Effort: Initiate large-scale deportation campaigns.
• End DACA: Attempt to terminate the Deferred Action for Childhood Arrivals program.
• Restrict Legal Immigration: Implement more stringent measures, including potentially ending birthright citizenship for children of undocumented foreign nationals.
• Merit-Based Immigration System: Propose a merit-based system and impose stricter regulations on programs such as the H-1B visa.

If a Harris Administration Takes Office:

• Tighten Border Security: Enhance border security measures.
• Preserve and Strengthen DACA: Work to maintain and improve the DACA program.
• Expand Immigration Pathways: Look for ways to increase lawful immigration options, including Temporary Protected Status (TPS) and parole programs.
• Modernize Employment-Based Regulations: Potentially update regulations like Schedule A to include STEM occupations.

Steps to Prepare for Immigration Changes in 2025 and Beyond

1. Consider U.S. Citizenship: If you’re a green card holder eligible for naturalization, consider applying for U.S. citizenship now. U.S. citizens have broader rights and can sponsor family members for green cards.

2. Start the Green Card Process: If you are a foreign national in the U.S. and you would like to stay long-term, begin the green card process now if possible. Every week I talk to clients and prospective clients who have waited years to start the process. Sometimes they have waited for valid reasons, and other times it just hasn't been a high priority for them. The high priority time has arrived. Begin. Now.

3. Plan for Continued Visa Status: If you’re working in the U.S. on a nonimmigrant visa (H-1B, L, TN, etc.), check your current status and plan for extensions. Consider renewing your status before the new year if possible.
4. Manage Expectations: Understand that policy changes may impact processing times and requirements. Keeping realistic expectations can help alleviate stress during this period of uncertainty.
5. Educate and Communicate: Stay informed about potential policy changes through reliable sources, and in the words of Ted Lasso "find out before you flip out." That means confirm news, and get professional advice to understand how changes affect you or your employees before you flip out about it. Likewise, HR and other business leaders who have foreign national employees should consider having a communication plan in place. Make sure you have a trusted immigration lawyer partner by your side to help you navigate changes, and help you clearly communicate these changes to employees proactively.
6. Exercise Your Right to Vote: If you’re a U.S. citizen, make your voice heard by voting. Consider the candidates' immigration policies and their implications for the future.

Get Experienced Help with Immigration Matters

Regardless of the election outcome, we are here to help our clients, past, current, and future, understand how to prepare for immigration changes after the November election and navigate the evolving immigration landscape with clarity and confidence.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today and set up your initial consultation to get the process started! You can set an appointment online. You can also call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!