World Immigration News

An Insider’s View of the Immigration System

Release Date: 2025-11-12
Media: Brennan Center for Justice
Summary: President Trump’s administration has intensified deportation efforts, bringing unprecedented scrutiny to the U.S. immigration system. The government is pursuing mass deportations, pressuring states to assist in enforcement, and cracking down on protests, creating fear and uncertainty among immigrant communities, particularly Latinos.

Former White House immigration policy adviser and Justice Department official Margy O’Herron explains that legal immigration to the U.S. is far more difficult than many realize. There are only three main legal paths — through family ties, employment sponsorship, or humanitarian relief — all of which face strict annual caps and long backlogs. Refugee admissions have been slashed to 7,500 per year, a historic low, and asylum seekers must often wait years for decisions.

O’Herron highlights the crucial role of the Board of Immigration Appeals, which reviews decisions from the nation’s 73 immigration courts and ensures consistent application of the law. Under the Trump administration, however, over 100 immigration judges were dismissed without cause, and inexperienced military lawyers have been appointed to replace them — a move she calls unprecedented and legally questionable. Appeal fees have also risen sharply, from $110 to $1,010, creating a two-tiered justice system where only the wealthy can challenge deportation orders.

Discretion in immigration enforcement has shifted dramatically. ICE prosecutors, who previously had flexibility to pause low-priority cases, are now using their discretion to push expedited removals, which provide minimal legal protections and can result in deportation within days. Immigration judges have also reported political pressure to issue rulings favoring deportation.

Reports of abusive and discriminatory behavior by immigration officers have grown, with limited accountability. Oversight offices within the Department of Homeland Security have been weakened, and although individuals can file complaints or lawsuits, these mechanisms rarely lead to meaningful reform. A recent Supreme Court order has further expanded ICE’s authority to detain people based on appearance, language, or occupation, heightening concerns about racial profiling.

O’Herron warns that due process — the constitutional guarantee of fair legal proceedings — is under serious threat. The administration has expanded expedited removals, curtailed access to bond hearings, and even invoked wartime laws to deport people without hearings. Meanwhile, funding for enforcement has vastly outpaced resources for immigration courts, resulting in longer detentions, case backlogs, and the potential use of untrained military personnel as judges.

Despite official rhetoric about focusing on dangerous criminals, enforcement efforts have targeted many immigrants without criminal records, including those who entered legally or had temporary protected status, and even U.S. citizens. O’Herron concludes that the immigration system’s dysfunction stems from decades of underfunding and outdated laws, and that reform must prioritize fairness, humanitarian processing, and due process rather than mass deportation.
Tags: United States of America