UNDERSTANDING IMMIGRATION, PART IV

Preparing for Immigration Matters in 2025: A Guide for Practitioners

By Ruby L. Powers and Carrie Nguyen 2025

As we are facing new shifts in immigration policy, it is crucial to proactively assess how to best prepare for changes in the regulatory and enforcement landscape. This article aims to help attorneys anticipate and respond to these proposed policy shifts, particularly under Project 2025’s vision, which signals a stringent stance on immigration law.

Outlined below are insights and strategies for practitioners to equip themselves and their clients for a potentially more restrictive immigration environment:

Understanding the Framework: Centralized Control and Expanded Enforcement

Federal Agency Realignment: Under Project 2025, all federal immigration-related agencies would come directly under presidential control, with a restructured Department of Homeland Security (DHS) at its core. This would mean an unprecedented consolidation of enforcement powers, creating a potentially broader, centralized authority over border and immigration policies.

Implications for Practitioners: Attorneys should be prepared for an environment where agency autonomy is curtailed. Increased executive oversight may lead to more rapid implementation of restrictive policies without the same checks that traditionally exist. Attorneys should establish streamlined communication channels with clients to alert them to changes that may impact their cases. Additionally, practitioners may need to focus on filing applications or motions promptly, ensuring compliance with any new procedural requirements, and being prepared to address unexpected challenges arising from the intensified pace of policy rollouts.

Anticipating Enforcement Escalation: Deportation, Detainment, and Limited Judicial Relief

Increased Deportations and Expedited Removals: Project 2025 envisions the “largest deportation program in American history” and seeks to expand expedited removals nationwide. We have already witnessed non-citizens face immediate removal (deportation) without any court proceedings and protective policies. Sensitive zones (churches, schools, courts, medical clinics/ hospitals) have traditionally been considered “safe spaces” where immigration enforcement did not go, but there is no more “safe space” as ICE has now stated they have access to go anywhere they want. The initiative also aims to strip immigration judges and the Office of the Principal Legal Advisor (OPLA) of their discretion to terminate or administratively close cases in immigration court.

Preparation Strategy: Attorneys should prioritize preemptive defenses, advising clients on risks of removal, and advocating for any available relief before enforcement actions intensify. Given the restrictions on sensitive zones, practitioners may need to work closely with clients on contingency plans such as identifying safe locations, maintaining emergency contact information, and having essential documents ready at all times (e.g., proof of physical presence and legal filings). Additionally, practitioners should establish systems to ensure clients can access legal support, such as virtual “know your rights” presentations in areas where movement or accessibility may be restricted due to heightened enforcement.

Policy Shifts on Humanitarian Protections

TPS, U and T Visas, and Asylum Restrictions: The 2025 plan proposes ending Temporary Protected Status (TPS) and significantly restricting U and T visas, only allowing them in “heinous” cases. Asylum would also become more restrictive, barring gang violence and domestic violence as grounds for claims and eliminating group-based PSG (particular social group) claims.

Implications for Humanitarian Clients: With TPS potentially repealed, practitioners will need to assess alternative options for clients relying on humanitarian protections. For asylum seekers, it will be crucial to refocus cases on grounds other than Particular Social Group “PSG,” such as political opinion, religion, nationality, or race. Further, attorneys should familiarize themselves with any interim guidance or alternative humanitarian options.

Impact on Employment-Based Immigration

Narrowing of Employment-Based Programs: Employment-based visas would focus exclusively on the “best and brightest” talent, doing away with H-1B visas as they are currently known. The Secretary will not use its existing discretionary authority to increase the number of H-2B (seasonal non-agricultural) visas above the statutorily set cap.

Action Plan for Employment Cases: Practitioners should expect stricter vetting and increased documentation requirements. For employment-based cases, it may be essential to work closely with employers on high-skill categorizations and ensure clients’ applications highlight exceptional qualifications.

Restrictions to Family-Based Immigration and Interview Requirement

Changes to Family-Based Visa Eligibility and Requirements: For family-based visas, sponsorship eligibility may be restricted to nuclear family members only. USCIS will withdraw Biden Administration’s regulations and likely reissue the new Trump Administration’s public charge rule. There will likely be a 100% interview requirement for certain immigration applications.

Client Preparation for Interview Requirements: Family-based cases may require additional documentation to demonstrate eligibility, particularly with the enforcement of the new public charge rule. Practitioners should prepare clients for mandatory interviews by guiding them through the process and ensuring they provide the necessary documentation to minimize the risk of application denials.

Financial Disincentives and Application Fee Increases

High Application Fees and Financial Disincentives: Jurisdictions with sanctuary policies may face disincentives, and application fees across the board are expected to rise significantly, with potential premium options for fast-tracking.

Client Advisement on Financial Preparedness: With potentially prohibitive costs, attorneys should counsel clients on budgeting for increased fees and prepare for longer processing times unless they opt for premium services if available in their category. Clients in sanctuary jurisdictions may need guidance such as identifying safe spaces, organizing essential legal documents for quick access, and establishing emergency contacts for legal support to mitigate risk exposure due to jurisdictional penalties.

Increased Denaturalization Efforts and EAD (Employment Authorization Documents) Restrictions

Denaturalization and Employment Authorization Limits: A USCIS unit dedicated to denaturalization could increase scrutiny on naturalized citizens, while employment authorization documents (EADs) may face additional restrictions.

Defense Against Denaturalization: Naturalized clients should be counseled on the importance of record-keeping to defend against any future denaturalization attempts. For clients relying on employment authorization, practitioners should recommend renewing Employment Authorization Documents (EADs) as early as possible, particularly before the implementation of restrictive new policies.

Challenges in Student and Diversity Visa Programs

Student Visa Limitations and Diversity Visa Elimination: With a proposed limit on student visas and the elimination of the diversity visa program, prospective applicants may face limited pathways to entry. We have already witnessed the targeting of students based on their social media comments or participation in protests.

Guidance for Student and Diversity Applicants: Attorneys may need to work with prospective students on ensuring compliance with tightened eligibility and maintaining strong records. Alternatives for diversity visa applicants should also be identified to provide clients with continuity in lawful pathways to immigration.

Preparing for Heightened Judicial and Legislative Conflicts

Noncompliance with Adverse Court Rulings: Project 2025 suggests a refusal to comply with court decisions that are not jurisdictionally binding, particularly where they conflict with agency regulations. Legislative calls to authorize state and local law enforcement to act in immigration enforcement may increase legal disputes.

Strategic Litigation and Advocacy: Practitioners should consider fortifying legal defenses, preparing for a heightened level of judicial challenge, and engaging in strategic litigation to contest overreach and protect clients’ rights in both federal and state systems. Partnering with advocacy groups may be essential to respond to rapid changes.

Increased Detention Facilities and Border Security Measures

Expansion of Detention Centers and Expedited Removals: Project 2025 suggests a substantial expansion of detention facilities, including tent facilities for minors, and enhanced CBP measures, including the reintroduction of horseback patrols and reduced reliance on alternatives to detention.

Client Counseling for Border Interactions: Attorneys should educate clients on their legal rights during border interactions, including the right to remain silent, the right to refuse a search without a warrant, and the importance of not signing documents without legal counsel. It is crucial to counsel clients on the importance of carrying valid identification and immigration documentation at all times to minimize risks during encounters with authorities, especially if they live near or frequently interact with border areas. Attorneys may also need to work on expediting cases where clients are at risk of prolonged detention under the new guidelines.

Conclusion: Preparing Clients in Uncertain Times

Project 2025 represents a significant shift in the immigration landscape, with proposed changes affecting nearly every category of immigration and enforcement. Every day there is a new policy, memo, or executive order which impacts literally everyone in the country. Even Lawful Permanent Residents are being targeted. People with legal status and permission to be in the United have been deported with no recourse or oversight. People should reconsider leaving the country and even travelling to the border (going past a check point) because they may not be able to return. It is important that even non-immigration lawyers get up to speed on the administration’s policies which are impacting our entire country. As practitioners, the ability to adapt, communicate effectively, and provide comprehensive preemptive counsel to clients will be essential. By staying informed and prepared, attorneys can help clients navigate these challenging developments and continue to advocate for fair and equitable treatment within the legal framework.

Ruby Lichte Powers, a Board Certified Immigration Law attorney, leads Powers Law Group, P.C., a Houston-based, full-service immigration firm. With seventeen years of practice, she handles diverse immigration matters, including family—and employment—based, asylum, and deportation defense. Her expertise has been featured in major publications and has received prestigious awards, including the AILA Advocacy Award and being listed in The Best Lawyers in America and Super Lawyers. As author of Power Up Your Practice: Create the Law Firm and the Life You Deserve, she regularly consults and speaks on law practice management including via her podcast, Power Up Your Practice. She dedicates her career to empowering others and advancing the field of immigration law and law practice management.

Carrie Nguyen is the owner and managing attorney of The Law Office of Carrie Nguyen PLLC in Arlington, Texas. An immigrant herself, she founded her firm a decade ago to advocate for clients in complex immigration cases nationwide. Recognized as a Rising Star in Immigration Law by Super Lawyers, she has presented at events hosted by the American Immigration Lawyers Association, the State Bar of Texas, and the Dallas Bar Association. Her passion for immigration law and advocacy continues to drive her impactful work in immigration law.

ENDNOTES

1 American Immigration Council, The H-1B Visa Program and Its Impact on the U.S. Economy (2025), https://www.americanimmigrationcouncil.org/research/h1b-visa-program-fact-sheet

2 Alessandro Caiumi and Giovanni Peri, Immigration’s effect on US Wages and Employment Redux, National Bureau of Economic Research, 48 (2024), https:// www.nber.org/system/files/working_papers/w32389/ w32389.pdf.

3 U.S. Customs & Immigration Servs., H-1B Cap Season (2025), https://www.uscis.gov/working-inthe-united-states/temporary-workers/h-1b-specialtyoccupations/h-1b-cap-season.

4 U.S. Customs & Immigration Servs., L-1A Intracompany Transferee Executive or Manager (2024), https:// www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executiveor-manager