What rights do immigrants in the United States have, and how are they changing under Trump?

The Trump administration has changed how immigration laws are enforced across the United States, expanding the list of people who may face arrest or deportation. While earlier efforts focused mainly on those crossing the border, current enforcement includes millions already living in the country—some with temporary visas, some with green cards, and others in legal status.

Immigrants with legal residency, including green-card holders, have long faced deportation if convicted of certain crimes. But now, even those with old or minor convictions—previously not a priority—are being detained. In some cases, immigration officers have arrested international students, workers, and legal residents who have not been accused of any crime. Many of these cases involve individuals engaged in political activism related to the Israel-Hamas conflict, and several are now in court.

Foreign students who break visa conditions or stop attending classes have always risked deportation. The recent shift has seen some students and legal workers arrested without clear violations. Legal challenges are ongoing.

Immigrants in deportation proceedings are not provided government lawyers. In 2024, only 32% had legal representation, according to a New York Times analysis. The government does fund legal help for children crossing the border alone, but the Trump administration has tried to end this support. A judge has ordered temporary restoration of the funding.

The Trump administration has also increased use of “expedited removal,” allowing authorities to deport individuals who have been in the country for less than two years without a court hearing. Another tool used is the Alien Enemies Act, a rarely used 1798 law that permits the president to deport individuals during times of war or conflict. The Supreme Court recently ruled that the government can use this law, but must first notify those targeted and allow them to challenge the action in court.

Mistaken deportations have occurred. One example is Kilmar Armando Abrego Garcia, a legal resident who was deported to El Salvador without a court order. Officials called it an “administrative error.” He remains imprisoned there. Though a federal court ordered his return, the administration claimed it could not comply. The Supreme Court is now reviewing the case.

Legal residents are eligible for some public benefits, depending on the state. Most must wait five years before qualifying for Medicaid. Meanwhile, undocumented immigrants can obtain driver’s licenses in 19 states, Washington D.C., and Puerto Rico.

At the border and airports, immigration officers have broader authority. They can inspect luggage and phones, and check social media activity—even without any sign of criminal behavior. Some foreigners have been denied entry over posts critical of the US or its allies. This has led some countries to issue travel warnings for those planning to visit the United States.