December 3, 2024 - 1:00pm

Immigration helped vault Donald Trump back into the White House, but he faces an acute political challenge as he prepares to assume the presidency again: avoiding the immigration backlash.

The American people have conflicted opinions on immigration. They support border controls and object to the turmoil caused by unchecked illegal immigration. But they also are enamoured with the idea of the United States as a welcoming nation and are often uncomfortable with immigration enforcement that seems harsh or punitive. This makes American public opinion on immigration particularly thermostatic — zigging in one direction while political incumbents zag in the other.

The unwinding of border controls under Joe Biden has pushed the American electorate in a restrictionist direction. Gallup polling from the summer found skyrocketing support for reducing the rate of immigration. Over half (55%) of those polled thought that immigration should be cut — the highest percentage in over two decades. According to another poll from CBS, 57% of Americans support deporting all illegal immigrants.

These numbers would seem to indicate that Trump has some running room to regain control of the border and crack down on illegal immigration. Yet the American people could sour on an enforcement agenda if it seems too disruptive. When he was last president, public opinion shifted against enforcement (support for a border wall as well as cuts to immigration fell during the Trump years), so the next administration will have to be flexible to avoid repeating this dynamic.

In order to address the competing impulses of the American people, Trump might adopt a low-salience strategy of enforcement. This approach would involve tightening border controls and interior enforcement while also trying to avoid spectacles that could tug at the heartstrings of swing voters.

This kind of strategy could incorporate a range of policies. In June, Joe Biden performed a sudden U-turn and issued an executive order that curtailed the ability of migrants to seek asylum if they were intercepted while trying to cross the border between official ports of entry. This policy dramatically reduced unauthorised migration, and extending it or expanding it could help restore order at the border. Since many migrants pass through another country (especially Mexico) on their way to American borders, negotiating agreements with third-party countries can help deter a flood of asylum seekers.

In 2021, the Department of Homeland Security issued a memo that exempted almost all illegal immigrants from deportation if they entered the United States prior to 2020. Ending that policy would obviously be a first step toward restoring credibility in immigration enforcement. An expanded deportation programme could start with unauthorised immigrants with criminal convictions in the United States.

According to Immigration and Customs Enforcement (ICE), there are currently hundreds of thousands of noncitizens in the United States who have been convicted of crimes but are not in ICE custody. Some of those people might be serving prison sentences, but not all of them are. Given that incoming “border czar” Tom Homan has said he hopes to prioritise the deportation of criminal aliens, it appears as though Trump is already leaning into this low-salience direction.

Inaction can itself be a way of changing the immigration dynamic. Throughout his presidency, Biden has used parole policies in an unprecedented way to grant quasi-legal status to hundreds of thousands of people. Simply not doing that would reduce the incentives for unauthorised migration.

Beyond these executive actions, legislation could also deter illegal immigration. Passing universal E-Verify could help ensure the legal status of workers, and cutting funding to sanctuary jurisdictions could encourage state and local cooperation with federal law enforcement. These legislative items could be bundled into a bigger pro-worker policy regimen. In 2023, a group of Republican senators (including future vice president J.D. Vance) rolled out a proposal that combined universal E-Verify with a boost to the minimum wage. That kind of policy deal could help Republicans claim the mantle of fighting for working families across the board.

The goal of this low-salience strategy would be to change the incentives for illegal immigrants so that fewer people are tempted to risk the hazardous journey to the American border. Combined with credibility in enforcement, cutting off the magnets for unauthorised migration (such as employment) could deliver the controls demanded by the American people — without the brutal headlines.


Fred Bauer is a writer from New England.

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