I.  INTRODUCTION

On 20th Jan, Donald Trump started his second presidential term and on the same day in his first executive order targeted immigration issues in the USA and second part implemented in the month of June, where he signed a ban of 12 countries citizens from traveling in America as mentioned security reasons in executive orders. Earlier in the first term of the  President, Trump had adopted strict policy on immigration issues such as zero tolerance policy as well as a similar order to banned travel to the US. During the election campaign, he promised to radically reset  immigration issues. One the same day, he was seated in the Oval Office with a black permanent marker and a stack of leather-bound executive orders. By the end of the first Day of the second presidential term he had revived many of the same programs and policies which previously carried out  during his first administration.

In this piece of article, the author critically analysed Trump’s immigration policy, where the many legal issues arise from the several executive orders on immigration such as ending birthday citizenship, closing south borders, distorting all illegal migrants, Rights to seek Asylum and refugee program on immigration by millions of foreigners who used to come in emergency public health. Another side, Trump fully and partially banned 12 country citizens to enter in the US, citing reason for the security. The author further discussed how the Trump 2.0 government immigration policy and travel ban impacts international human rights and how much it disturbs legal immigration in the USA and many of them lost rights under trials process rights and presenting before the immigration judges and also how the Indian worker, family and students get affected from the second Trump administration immigration policies. Lastly, I will argue on the Trump globalists perspective vis-à-vis radically biased decisions regarding a few countries or groups of peoples. How president Trump, from the beginning, has perspective on the international level regarding the immigration and travel fix and they repeatedly implemented in his second presidential terms without caring the citizen’s basic International rights such as the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which resulted into the heavy human rights crisis in the international level?

            II.  EXECUTIVES ORDERS ON IMMIGRATION POLICY

A new executive order signed  by president trump purports to eliminate birthright citizenship for any child born in the U.S. unless at least one parent is a U.S. citizen or a permanent resident. The directive is being contested as a violation of the Constitution. These children would live in constant fear of being expelled from the only country they have ever known and would not obtain federal identification documents, likely leading to significant challenges in accessing vital health care, nutrition assistance, and enrollment in schools. Some children could end up effectively stateless.^[1]

Other significant executive orders related by the second presidential terms were the Declaration an invasion of aliens and sealing the southern Mexican borders with the help of construction of a wall and barring asylum on US territory.^[2] With the help of the executive orders, it directly and immediately suspended physical entry of any illegal alien invasion in the southern borders. This order affects the right to seek asylum in the USA. if anyone poses a public health risk, then also suspends entry.  

In another immigration order, the Trump administration decided to fortify the US-Mexico border. For this project, more than 60% of army troops increased in the border area including deployment of 1500 active troops on the southern US border and the Trump administration decided to deport more than 5000 people and for this huge number military aircraft have been provided.

In other subsequent executive orders for the halting process of all undocumentedmigrants in the USA. For more effectiveness in the halting process, border patrol agents have been instructed to turn people without giving grant to asylum hearing. And also cancellation of all existing migrants appointments with American border patrol agents which was helpful through the CBP app for the migrants appointment.

One another executive orders signed by the second Trump administration with the aim of giving more power to immigration and customs enforcement for arresting and detaining all illegal migrants. One of the significant expanding powers is that ICE has authority to raid sensitive places such as hospitals, schools and churches.^[3]

II. TRAVEL BAN DECISION

In the second term of president, Trump has adopted the same way as he passed a similar order in his first presidential term, banning travel of 12 countries to the US. These countries are Libya, Afghanistan, Chad, Iran, Somalia, Sudan, Yemen, Eritrea, Congo-brazzaville, Equatorial Guinea, Haiti and Myanmar. And another side, Seven countries whose nationals face partial travel restrictions such as Burundi, Cuba, Togo, Venezuela, Sierra Leona, Laos, Turkmenistan. Nevertheless, these countries, including various factors and number of people such as Lawful permanent, federal employees, adoption, immigrant visas with special visas for the religious and ethnic minorities, World  Cup teams are allowed to enter after qualifying for exemption.^[4]

In his first Presidential term, Trump has stopped refugees from entering the US for 120 days and banned people from seven majority-Muslim countries from entering the U.S. on a visa for 90 days.^[5] US-based researcher Arif Jamal said that President Trump cannot defeat radical Islam by excluding Saudi Arabia and Pakistan from his contentious move barring US entry to people from some Muslim nations.^[6]

                                    III.  HUMAN RIGHTS CRISIS

American MPP Students SophieHuttner and Astrid Liden argued that the Trump administration’s new moves on immigration constitute a direct assault on rule of law and the foundational principles of democracy in the United States.^[7] 30 of the total 100 legal suits against the Trump administration are on the immigration policy of this government. Another Prof Baker and Timm in his article on zero tolerance during the first Trump administration has alleged that the immigration policy has violated several articles 7, 9, 17, 23 and 24 of the ICCPR and CRC. The first Trump government has also largely impacted human rights due to his more than 400 executive orders on immigration in his first presidential terms.

Another executive order on mandatory detention gave power to US immigration and customs enforcement to mandatory detaining all aliens on the basis of suspicion which violates the federal law unless they are removed from the country.

One of the immigration orders to stop unlawful migrants from the southern borders which completely shut down the right to seek asylum under the international convention and also prevented peoples and suspended entry for the emergency public health across the world. Another for the expedited removal of the unlawful migrants and non citizens who cannot prove that they have been in the USA continuously two years before the arrest and in which Illegal migrants are not given a chance to present before the immigration judge. The second Trump administration decision seems like suspension of development aids and humanitarian assistance across the world. The second Trump administration also tried to end birthright citizenship for any child born in the United States unless one parent is a US citizen or permanent resident. This order has  been challenged as unconstitutional and the federal court blocked the birthright citizenship executive order.

IV. HOW INDIANS AFFECTED FORM THE TRUMP IMMIGRATION POLICIES

In the month of February, 332 undocumented Indian migrants were deported by the US army, where Indian politics critically comments on the decision and treatment of the Indian people by the US government and deportation. Many Indians in the US, who are on H-1B work permits and face a long green card backlog. After Executive orders which  revoked birthright citizenship are a deeply concerning issue on H-1B visas those Indian families are expecting children in the US. One of the major challenges will be the growing number of “aging-out” children who are not eligible for Deferred Action for Childhood Arrivals (DACA) and therefore will lose the automatic legal status that comes with US birthright citizenship. Children born in the USA to immigrant parents, regardless of whether their parents are on work visas or not, automatically receive US citizenship.^[8] This citizenship acts as a vital protection against the extensive green card backlog that particularly impacts Indian H-1B visa holders. This backlog, which involves wait times spanning decades, leaves many highly skilled professionals in a precarious immigration status for the majority of their careers.^[9]

                        V.  ASSESSING TRUMP GLOBALISTS PERSPECTIVE

In 2017, Donald Trump in his first Administration imposed zero-tolerance policy in immigration enforcement on the southern border. This policy led to the enforced division of families and the extended confinement of children in severe conditions without adhering to due process or providing sufficient resources.^[10] The Trump Administration implemented these policies to discourage immigration and asylum-seeking, aligning with President Trump’s racist campaign language.  In between enforcement of the immigration policy, the first Trump Administration’s policies violated the fundamental human rights of migrants and all those people who were seeking asylum in the USA including the right to family life, rights of the child, right to be free from ill-treatment and arbitrary detention by the government institutions. Prof Baker and Timm^[11] in his article on zero-tolerance, claimed that the zero tolerance policy of Trump violated art 7, 9, 17, 23 and articles 24 of the International Covenant on Civil and Political Rights and including the Convention on the Rights of the Child. Such as Articles 17 and 23 on the right to family & life, Failure to protect the family in violation of Article, Rights of the child under ICCPR Article 24 and Unlawful and arbitrary interference with family life in and violation of Article 17.

                                                VI.  CONCLUSION

In Concluding remarks, Many human rights experts comment that the Trump immigration policy which violated long standing human rights protections and threatens public health globally. They also add that second presidential terms immigration policy seems like the unlawful, inhumane and dangerous that will also lead to impactful i.e., eroding global  health and public safety. However, legal immigration also gets affected and Trump executive orders completely shut down the right to seek asylum and hearing before the immigration judges. The International treaty in immigration has been totally ignored by the second Trump administration. Children, family, students, skilled workers from across the world will get impacted. In the starting of the second Trump administration hit with over 100 lawsuits since inauguration of the presidential terms where 30 lawsuits of them on the immigration policies. The district court blocked the executive order on birthright citizenship which seems unconstitutional. It’s the Bedrock principle which required a fair legal process to safeguard against all such executive orders which attempt to curb immigration rights to children, families, individuals who try to stay in the USA with the purpose of health, business, education and others.

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^[1] PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP, The White House, https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/, (last visited on January 30, 2025).

^[2] Ibid.

^[3] Nadine Yousif, Six big immigration changes under Trump – and their impact so far,https://www.bbc.com/news/articles/clyn2p8x2eyo, (last visited on January 27, 2025).

^[4] Restricting The Entry Of Foreign Nationals To Protect The United States From Foreign Terrorists And Other National Security And Public Safety Threats, The White House, https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/, (last visited on June 04, 2025).

^[5] Views of Trump’s executive order on travel restrictions, Pew Research Centre,  https://www.pewresearch.org/politics/2017/02/16/2-views-of-trumps-executive-order-on-travel-restrictions/, (last visited on June 04, 2025).

^[6] Shamil sames, Trump’s travel ban – an effective move?, https://www.google.com/amp/s/amp.dw.com/en/trumps-travel-ban-makes-no-sense-without-pakistan-and-s-arabia/a-37326532, (last visited on June 04, 2025).

^[7] Sophie Huttner, President Trump’s immigration executive orders are an assault on rule of law, https://www.bsg.ox.ac.uk/blog/president-trumps-immigration-executive-orders-are-assault-rule-law, (last visited on January 30, 2025).

^[8] Ishani Duttagupta, Immigration policy changes being considered by Trump administration may hit Indians on green card queues hard, The Times of India, https://timesofindia.indiatimes.com/world/us/immigration-policy-changes-being-considered-by-trump-administration-may-hit-indians-on-green-card-queues-hard/articleshow/118013429.cms, (last visited on February 09, 2025).

^[9] Ibid.

^[10] Jeffrey R. Baker and Allyson McKinney Timm, Zero-Tolerance: The Trump Administration’s Human Rights Violations Against Migrants on the Southern Border, Drexel Law Review, https://drexel.edu/law/lawreview/issues/Archives/v13-3/baker/,

^[11] Ibid.