With Donald J. Trump set to take office on January 20, 2025, his strict immigration platform has raised concerns about the future of immigration processing in the United States. Applicants are understandably worried about how new policies could affect their cases, whether they are new applications or ones already in process. This blog explores potential impacts under the Trump administration, the expected rise in processing delays, and how tools like mandamus petitions can help address these challenges.
What to Expect Under the New Trump Administration
President-elect Trump has indicated that his administration will implement stricter immigration policies, which could impact all aspects of application processing. Here’s what applicants should be prepared for:
Increased Scrutiny:
- Applications may face more extensive background checks.
- Additional in-person interviews are likely for many case types.
- There will be less tolerance for errors or omissions in applications.
Shift in Agency Priorities:
- Resources may be redirected toward border protection and removal operations.
- This could reduce the resources allocated to processing immigration applications, increasing wait times.
Delays in Consular Processing:
- Applicants subject to consular review may encounter more administrative processing delays.
- The heightened scrutiny could lead to more cases being placed in administrative processing.
The Impact of Unreasonable Delays
While reasonable delays are expected in immigration processes, excessive and unreasonable delays can severely disrupt lives and plans. Under the Trump administration, longer processing times are anticipated, affecting both immigrant and non-immigrant applications.
For applications requiring consular review, delays could increase due to additional administrative processing and the government’s argument that such cases are final decisions. This stance, supported by the doctrine of consular non-reviewability, would limit court jurisdiction and prevent applicants from seeking relief through legal challenges.
How Mandamus Petitions Can Help
Mandamus petitions are a powerful tool to combat unreasonable delays by involving the judicial branch. Here’s how they work:
- Filing a Mandamus Petition: If your immigration application has been delayed for an unreasonable period, you can file a mandamus petition in federal court. The petition requests a judge to order the government agency to take action on your case.
- Effectiveness Against Delays: Courts generally tolerate reasonable delays but may intervene when delays are deemed excessive. A mandamus petition can compel action, ensuring that your case receives attention and moves forward.
- Limitations in Administrative Processing Cases: While mandamus petitions can force the State Department to decide visa applications, cases in administrative processing may trigger the doctrine of consular non-reviewability, potentially limiting court jurisdiction. This legal issue is still being debated in the courts, making expert legal guidance essential.
Conclusion
The Trump administration’s policies are likely to bring stricter scrutiny, resource shifts, and processing delays for immigration applications. However, tools like mandamus petitions offer a way to address unreasonable delays and ensure timely action.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding Immigration Delays, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We understand how frustrating and disruptive immigration delays can be. Our experienced attorneys use a combination of litigation and non-litigation strategies to resolve cases efficiently. Whether you’re dealing with processing delays under the new Trump administration or facing administrative processing at a consulate, we can help you explore your options and take action to ensure progress on your case. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
