From violations of due process in detention and deportation, the use of discriminatory language on official government websites, to the approval of severe laws restricting access to education and other services for undocumented migrants, the United States has seen an accelerated rollback of migrant rights within just four weeks of President Donald Trump’s return to office.
The changes are occurring more rapidly and visibly in certain states, but Trump’s signature anti-immigrant policies and their impact on migrant rights are felt nationwide, says Kelly Morales, co-director of Siembra NC, an organization that defends the rights of migrants in North Carolina.
“What we’re witnessing since Trump’s return is a rollback of human rights. This administration is trying to erase the U.S. Constitution. We know we have certain rights, like the right to demand an arrest warrant signed by a judge, the right to citizenship if we were born in this country, and the right to be treated with dignity and respect. But this administration is trying to erase all of that,” the advocate explains.
One of the most concerning regressions is the violation of due process in arrests carried out by Immigration and Customs Enforcement (ICE) and during deportations, which have affected hundreds of migrants, according to Morales.
To detain a migrant for deportation, a judicial warrant is required. However, the vast majority of these arrests are being carried out using administrative warrants issued by federal, state, or local security agencies rather than by courts.
Morales explains that during home arrests, ICE officers often do not specify what type of warrant they have, leading many migrants to comply with their demands, ultimately resulting in detention. “Once they’re detained, there’s little that can be done,” she says.
“They go into homes with these warrants, and people don’t know the difference between an administrative and a judicial warrant. They take advantage of this and also use intimidation tactics. Today, we witnessed a detention where the agents’ faces were barely visible. They dress almost like military personnel—wearing hoods, vests—and they don’t identify themselves. They just say they’re the police,” Morales recounts.
Officials Fail to Inform Migrants of Their Rights
After being detained, migrants have the right to make a phone call, have legal representation, receive a court date in the Department of Justice’s Immigration Court, and pay bail if allowed by a judge. They also have the right to appeal their case once a decision is made.
However, Morales argues that these rights are not always upheld. Many migrants are unaware of their rights when detained, and ICE agents, along with other law enforcement officials, often fail to inform them, despite their legal obligation to do so.
Additionally, expedited removal—a fast-track deportation process that bypasses court hearings—is being widely used. While this process is legal, Morales emphasizes that every migrant has the right to a court hearing.
“They are skipping the entire process to speed up deportations and prevent people from going to court. This administration is violating the Constitution and due process because everyone has the right to a lawyer and a court date. This is happening especially to migrants who have been in the U.S. for less than two years,” she states.
Restrictions on Access to Education
The recently passed Tackling and Reforming Unlawful Migration Policy, known as the Trump Act, approved by the Florida Congress on January 29, marks a significant rollback in education rights for migrant youth in the state.
This law introduces several measures to tighten immigration regulations and increase cooperation with federal authorities in detaining and deporting undocumented migrants. It also eliminates the ability of undocumented children and young people to qualify for in-state tuition at Florida’s public colleges and universities.
In 2014, Florida allowed recipients of the Deferred Action for Childhood Arrivals (DACA) program—also known as Dreamers—to pay in-state tuition, which is 75% lower than out-of-state tuition costs. With the passage of this legislation, these students will now have to pay significantly higher fees to continue their education.
Although the law still requires approval from Governor Ron DeSantis before taking effect, Morales sees it as part of the Trump administration’s broader strategy to instill fear in migrant families.
“We’re worried because this will restrict access to education. It’s also another way for them to abuse their power and use fear as a political tool,” she warns.
Closure of Programs Benefiting Vulnerable Communities
The termination of diversity, equity, inclusion, and accessibility (DEI) programs represents “the loss of years of struggle by vulnerable groups,” says Morales.
On his first day back in office, Trump ordered the termination of all DEI programs aimed at historically marginalized communities, including migrants, Black individuals, LGBTQ+ people, people with disabilities, women, and others—arguing that these initiatives are “discriminatory.”
DEI programs cover a broad spectrum of policies and actions promoting inclusion in businesses, schools, universities, and state institutions. Their goal is to reduce structural barriers for marginalized communities and expand opportunities in employment, education, and social advancement.
Since Trump’s return, major corporations such as Amazon, Meta, Google, Walmart, American Airlines, and Ford have eliminated DEI programs from their institutional policies. According to Trump, removing these programs will “restore merit-based opportunities.”
However, Morales argues that eliminating DEI programs will lead to increased discrimination against marginalized communities. “These programs were implemented after decades of civil and political rights advocacy. All the progress that had been made—all those hard-won steps—this administration is wiping them out,” she laments.
“They’re cutting crucial departments and programs, including those in education and healthcare, which have been essential for communities that historically lacked access to these rights,” she adds.
The Return of Previously Banned Discriminatory Terms
The term “alien,” which was commonly used to refer to immigrants but was banned under former President Joe Biden’s administration, has now been reinstated as the official terminology used by ICE and other government agencies.
While the term has long been used in the U.S., in 2021, ICE and U.S. Customs and Border Protection (CBP) instructed officials to stop using it, arguing that it did not uphold “the dignity” of individuals. Instead, they were directed to use terms like “migrants” or “non-citizens.”
Trump has widely used the term “alien” since his first presidency and throughout his latest campaign, as has his entire administration. Since he returned to office, agencies that previously restricted the use of this term have now reinstated it in their official communications.
For Morales, this is a deliberate tactic to justify hate speech against immigrants. “They are using language as a tool of exclusion. Their narrative is that they are targeting criminal migrants and acting in the name of security, so they dehumanize detainees. That’s why they use words like ‘illegals’ or ‘aliens,’ when in reality, most migrants have committed no crimes,” she argues.