The Origins, Consequences, and Uncertain Legacy of the Trump Administration’s Humanitarian, Refugee, and Immigration Policies: A Comprehensive Analysis

Executive Summary This paper documents and analyzes the origins, consequences, and uncertain legacy of the second Trump administration’s humanitarian assistance, refugee, and immigration policies. Its first section introduces the administration’s signature policies, which both build upon and sharply depart from those of recent administrations, Republican and Democratic. Its second section recounts how nativist language and tropes centered Donald Trump’s rise and return to power, and how they inform the administration’s refugee and immigration agenda. Its third section discusses the laws and jurisprudence that laid the groundwork for these policies. It outlines the growth in immigration enforcement spending and authorities over multiple presidencies. In addition, it highlights the first Trump administration’s refugee and immigration policies, and describes the sweeping executive orders (EOs) that inaugurated the second Trump administration. The fourth section examines the legal theories offered in support of the administration’s policies, how they have fared in U.S. courts, and the effects of these policies on targeted populations, U.S. families, businesses, and communities. The fifth section sets forth several themes that unify these policies: A highly selective and instrumental view of the rule of law. Cruelty as a guiding principle and strategy. Hostility to programs and policies intended to benefit the poor and persecuted, regardless of their status. The failure to address neuralgic problems in the U.S. immigration system or to pursue humanitarian, refugee, and legal immigration policies that serve the nation’s values, needs, and interests. The paper urges a return to fundamental American values and commitments. It concludes with detailed recommendations to guide the development of strengthened and integrated U.S. humanitarian, refugee, asylum, and immigration policies.