Introduction
As the 2024 elections approach, the stakes for U.S. immigration policy have never been higher. Immigration has long been a topic of heated political discourse, often making headlines as both major parties outline their contrasting visions. But what does it really mean when there is a shift in the executive administration? How does this political discourse translate into tangible impacts on the lives of immigrants and the U.S. economy?
In this article, we delve into the current state of U.S. immigration, explore the influence of the executive branch on immigration policy, and consider what could change after the upcoming election.
The Current State of Affairs
Immigration touches on multiple layers of American life—political, social, and economic. The U.S. immigration framework is one of the most complex legal systems in the world, with a vast web of rules, precedents, and processes. There are over 185 different types of U.S. visas, each with its own set of qualifications and regulations. An immigration practitioner could spend their entire career navigating the intricacies of a single visa category, like the E-3 for Australian nationals or the H1-B1 for Chilean professionals. Yet, despite its sophistication, this system has grown increasingly restrictive, particularly in facilitating the entry of skilled immigrants—those who fuel innovation and economic growth.
The national discourse surrounding immigration often feels detached from reality, which can be frustrating for individuals and businesses alike. While the Obama administration made headway with the Deferred Action for Childhood Arrivals (DACA) program, much of the conversation in Washington remains focused on physical barriers and the symbolism of walls. Meanwhile, there have been no substantial changes to the existing U.S. immigration legislation since the Immigration Reform and Control Act of 1986. This nearly four-decade gap has left the U.S. with an outdated immigration system that fails to address modern economic and social realities. For example, the H-1B visa program, which allows U.S. companies to hire highly skilled foreign workers, has seen only minor adjustments, such as changes to lottery allocation and increased scrutiny on visa approvals, but no meaningful legislative reform to expand its capacity or streamline its process. This lack of modernization has contributed to the U.S. falling behind in the global race for talent.
Immigrants, who make up 13.8% of the U.S. population, are vital to the nation's economy and innovation ecosystem. The bottleneck in our immigration system disproportionately affects skilled immigrants, who are key drivers of sectors like aerospace, scientific research, and tech. Despite their contributions, the system remains slow and unresponsive to the urgent needs of a modern economy. Without reform, the U.S. risks losing its competitive edge.
Why Immigration Matters to All of Us
More than a million international students come to the U.S. each year, many of whom stay temporarily through programs like Optional Practical Training (OPT). Yet, for many of these highly-educated and skilled workers, the path to permanent residency remains unclear. The H-1B visa, the main gateway for skilled labor, is capped at 65,000 annually, with an additional 20,000 visas for those with advanced degrees. However, demand far exceeds supply—over 470,000 applications were submitted for fiscal year 2025.
In critical industries, from tech to healthcare, immigrants are essential. They have authored 30% of patents in key sectors and contribute an estimated $1.6 trillion in spending power to the U.S. economy. Additionally, immigrants account for a significant share of small business owners, driving both innovation and job creation. As America has always been a land of opportunity, attracting and retaining global talent is not just a question of national identity, but also an economic imperative.
Without meaningful reform, the U.S. risks further decline in its ability to attract the best and brightest. Immigration has been central to America's rise as a global superpower, and that same diversity continues to be a source of strength in the modern era. America is more than just a country; it is a reflection of the world—built by people from every corner of the globe, contributing to its rich cultural and economic tapestry.
Executive Power in Immigration
As we near the elections, it is important to understand how the executive branch plays a crucial role in shaping U.S. immigration policy, often providing a way to bypass the gridlock in Congress. Presidents have long used executive orders and agency directives to manage immigration policy. For example, the Obama administration created DACA through executive action to protect undocumented youth, while the Trump administration enacted the Muslim travel ban through a similar mechanism. These actions illustrate the power—and limitations—of executive influence.
What is and What is NOT in Executive Branch Control?
What is in Executive Control:
- Executive Orders: One of the most powerful tools at a president’s disposal is the executive order. From expanding protections for undocumented youth to restricting travel from specific regions, executive orders can dramatically shift immigration policy overnight. The Trump administration’s travel ban, for example, was issued via executive order and had an immediate impact on immigration from several Muslim-majority countries. In contrast, President Biden used executive orders to reverse many of these restrictions, showing how quickly these policies can change depending on who occupies the White House.
- Agency Discretion: The President can also direct immigration agencies to prioritize or de-prioritize certain actions. For instance, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) may be instructed to focus on deporting individuals with criminal backgrounds while deprioritizing others, such as long-term residents with no criminal history.
- Regulations and Guidelines: The executive branch has the authority to issue new regulations and enforcement guidelines. Under the Trump administration, the expansion of the "public charge" rule restricted immigrants from obtaining green cards. The Biden administration reversed this rule, demonstrating how regulatory changes can directly impact immigration policy.
- Refugee and Asylum Policy: Refugee admissions are also within the executive branch's purview. Each year, the President sets the ceiling for refugee admissions. The Trump administration drastically reduced the refugee cap, while the Biden administration has sought to increase it in alignment with humanitarian goals.
What is NOT in Executive Control:
- Legislation: The President cannot create or amend laws—this responsibility lies with Congress. While executive orders can influence how existing laws are enforced, the quotas for visas or major immigration reforms, such as creating a pathway to citizenship, must go through the legislative process.
- Visa Caps and Immigration Quotas: Although the President can influence visa policies through executive orders, the actual caps on categories like the H-1B or family-based immigration are set by Congress. Any changes to these numbers require legislative action, and Congress remains the ultimate authority on visa caps.
- Judicial Oversight: Even executive orders can be challenged in court. Multiple executive actions on immigration, including the Muslim ban, faced significant legal challenges. The courts act as a check on executive power, ensuring that immigration policies align with constitutional principles.
The Road Ahead: Post-2024 Election Scenarios
As the 2024 election draws closer, the future of U.S. immigration policy hangs in the balance. A Democratic administration is likely to focus on expanding paths to citizenship, refugee resettlement, and streamlining the visa process for skilled workers. On the other hand, a Republican administration could emphasize tighter border security, reducing legal immigration, and ramping up enforcement actions against undocumented individuals.
No matter the outcome of the election, the next president will have the power to shape immigration policy through executive action. However, without bipartisan cooperation in Congress, the root issues within the U.S. immigration system—outdated laws, visa backlogs, and restrictions on skilled immigration—will remain unresolved. The future of immigration reform depends on a delicate balance of executive action, legislative cooperation, and judicial oversight.
In the end, the path forward requires empathy, resourcefulness, and a commitment to reform. The U.S. must continue to be a beacon for global talent while addressing the real concerns of its citizens. Only through comprehensive immigration reform can the nation maintain its position as a global leader in innovation and opportunity.
