Trump Administration Moves on Three Fronts to Tighten Immigration Rules

The Trump administration moved on three fronts to tighten immigration policy in August, according to a new COMPASS report from the Conservative Partnership Institute, as the White House continued to pursue changes through executive authority while Congress remained in recess.

The Aug. 27 report points to a new executive order targeting birth tourism, proposed Treasury Department rules governing eligibility for refundable tax credits and changes to the federal government’s “public charge” framework for prospective permanent residents. CPI, a Washington-based conservative organization, characterized the moves as evidence of the administration continuing to implement its immigration agenda even without new legislation from Congress.

The first major action came Aug. 6, when President Donald Trump signed Executive Order 14419, “Ending Birth Tourism.” The order directed the State and Homeland Security departments to combat the practice of foreign nationals entering the United States on nonimmigrant visas for the purpose of giving birth in the country.

The order also targets businesses and other operators that facilitate birth tourism, including those that allegedly market U.S. citizenship as a benefit of giving birth in the country. The White House said the order delegates authority to the secretaries of State and Homeland Security to take action against the practice.

The COMPASS report also highlighted the State Department’s creation of a Birth Tourism Prevention Task Force. CPI reported that more than 600 visas tied to suspected birth-tourism networks had already been revoked.

A second development came from the Treasury Department and Internal Revenue Service.

On Aug. 19, Treasury and the IRS proposed regulations governing who can receive the refundable portions of four federal tax credits: the Earned Income Tax Credit, Child Tax Credit, American Opportunity Tax Credit and Adoption Tax Credit.

Under the proposal, a taxpayer receiving the refundable portion of one of those credits would have to be a U.S. citizen, U.S. national or a “qualified alien” under federal law. That category includes lawful permanent residents, refugees, asylees and certain other immigrants. For joint returns, at least one spouse would have to meet the eligibility requirement.

The proposal applies specifically to the portion of a credit that exceeds a taxpayer’s income-tax liability and is paid out as a refund. Someone who does not qualify for the refundable portion could still use an otherwise available credit to reduce his or her tax liability.

The rules have not yet taken effect. Treasury is accepting public comments, and the changes would apply to tax years ending on or after publication of final regulations.

The COMPASS report identified a third change in the administration’s treatment of the “public charge” provision governing some applications for permanent residence.

USCIS announced changes in August to how immigration officers evaluate whether an applicant is likely to become dependent on government assistance. The broader public-charge framework allows officers to examine an applicant’s circumstances, including factors such as age, health, financial resources, education and employment skills.

CPI argues that the change restores greater discretion to immigration officers than existed under the Biden administration’s approach.

Although the three developments involve different parts of the federal government and different legal mechanisms, the COMPASS report draws a common thread between them: each advances a part of the administration’s immigration agenda without requiring Congress to pass new legislation.

That distinction also forms the second half of CPI’s argument.

The organization notes that executive orders, regulations and agency policies can generally be changed by future administrations and points to legislation introduced by Rep. Chip Roy, R-Texas, as one effort to put a broader set of border policies into federal law.

Roy introduced H.R. 9773, the “Permanent Trump Secure Border Act,” on July 20. The legislation contains provisions dealing with asylum, border enforcement and other immigration matters.

The bill draws from the approach taken by H.R. 2, the Secure the Border Act, which passed the House during the previous Congress but did not become law.

The House Judiciary Committee considered H.R. 9773 in July and voted on final passage of an amended version on July 21.

For CPI, the unresolved question is whether Congress will follow the administration’s executive actions with legislation designed to make portions of the immigration agenda more durable.

For now, the administration has continued moving through the executive branch. In the span of less than two weeks in August, the White House and federal agencies acted on visa enforcement, refundable tax benefits and standards governing prospective permanent residents — the three developments at the center of CPI’s latest COMPASS report.