On immigration, Harris and Trump talk tough – with critical differences

Delegates hold "Mass deportation now" signs at the Republican National Convention in Milwaukee, Wisconsin, July 17, 2024.

Brian Snyder/Reuters

October 24, 2024

Immigration – in all its complexity – is an American tradition. It’s also top of mind for U.S. voters.

Former President Donald Trump retains his hardline stance against illegal immigration, calling for border enforcement he’s enacted before. He also still supports limiting legal immigration, including temporary permissions to stay in the country and resettling refugees.

Vice President Kamala Harris, a longtime immigrant advocate, has taken a right turn on immigration. The move seems to mirror the Biden-Harris administration, which tightened asylum policies this year following historically high levels of illegal border crossings.

Why We Wrote This

Immigration plays an outsized role in this year's election, with voters ranking it as a top concern and former President Trump emphasizing it as a core issue. Vice President Harris has moved right on the topic, but offers an alternative approach.

More is known about Mr. Trump’s agenda after nearly a decade in the political spotlight, with illegal immigration as a signature issue. The vice president has offered fewer plans since her entrance into the race in July, but speaks of reforming a “broken immigration system” and touts her background as a prosecutor in a border state.

What the next president can accomplish on immigration will partly depend on factors beyond their desk – cooperation with countries like Mexico, lawsuits, and funding from Capitol Hill. Congress hasn’t united on major immigration reform since the 1990s.

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Here’s a brief look at how the candidates compare on three key immigration issues.

Trump’s stance on illegal immigration

Both candidates pledge to secure U.S. borders, but Mr. Trump goes much further in his demonizing rhetoric toward migrants and sweeping plans to suppress illegal immigration.

The former president has said he’d involve the military in the “largest deportation operation in American history,” calling illegal immigration an “invasion.”

“I will rescue Aurora and every town that has been invaded and conquered,” he said this month in Colorado, where officials are investigating criminal activity they’ve linked to a suspected Venezuelan gang.

Mr. Trump also says he’ll resurrect the “Remain in Mexico” policy from his time in office, which made asylum-seekers who arrived at the southern border wait in Mexico rather than the U.S. ahead of immigration court dates. (His administration also separated unauthorized immigrant families, and expelled others under a pandemic policy that continued under President Joe Biden through spring 2023.)

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To discourage illegal immigration, Mr. Trump has also embraced ending birthright citizenship for children of unauthorized immigrants. An executive order challenging this constitutional right would likely land in court.

Migrants from China who have just crossed into the U.S. from Mexico are detained by the U.S. Border Patrol, in Jacumba Hot Springs, California, April 2, 2024.
Melanie Stetson Freeman/Staff

Harris’ stance on illegal immigration

Meanwhile, Ms. Harris has largely deflected discussion of record Border Patrol encounters with unauthorized migrants during the Biden-Harris administration. The White House has touted a reduction in illegal border crossings in recent months following new asylum restrictions, along with enforcement help from Mexico. In Arizona last month, she committed to “take further action to keep the border closed between ports of entry.”

While her opponent calls her Mr. Biden’s “border czar,” her supporters note her limited immigration role focused on “root causes.” While campaigning, Ms. Harris highlights her experience as former attorney general of California, where she targeted international groups involved in crimes like drug trafficking.

“We can create an earned pathway to citizenship and secure our border,” the Democrat told her party’s convention.

She says fixing the broken immigration system falls on Congress, and blames Mr. Trump for tanking a bipartisan bill that would have surged resources to the border.

For unauthorized immigrants who arrived as children, Ms. Harris has long championed Deferred Action for Childhood Arrivals. Begun in 2012, DACA lets them live and work shielded from deportation. Federal litigation continues on the program, which the Trump administration tried to end.

Where the candidates stand on immigration parole

Officials may grant immigrants temporary permission to stay. One option is called “parole,” an immigration authority around since the 1950s. Today, it’s become a political lightning rod.

To deter illegal border crossings, the Biden-Harris administration promoted alternatives it called “safe and orderly” paths into the country – including parole. Conservative critics say that its broad use of parole has outstripped the government’s authority.

Democratic presidential nominee Vice President Kamala Harris, center, talks with U.S. Border Patrol agents as she visits the U.S. border with Mexico in Douglas, Arizona, Sept. 27, 2024.
Carolyn Kaster/AP

In one example, Democrats launched a parole pathway for certain Cubans, Haitians, Nicaraguans, and Venezuelans, who arrive via airports after receiving advance travel authorization and securing U.S.-based sponsors. Officials have paroled in more than half a million immigrants through this process, which survived a Republican-led lawsuit.

However, the Department of Homeland Security temporarily paused part of the process this summer, amid reports of potential sponsor fraud. Now, the program’s future is uncertain. A separate parole-based program launched by the Biden-Harris administration, for unauthorized immigrants with U.S. families, is also under legal challenge by GOP-led states.

If elected, it’s unclear how Ms. Harris may employ parole; her campaign website doesn’t mention the word. Mr. Trump says he’ll end the “abuse” of parole, reflecting claims on the right that it’s become a “backdoor” for otherwise-unauthorized immigrants.

Separate from parole, Mr. Trump told NewsNation he’d also “revoke” temporary legal protections for certain Haitian immigrants. The former president has elevated false claims about them eating pets in Ohio.

Harris and Trump’s positions on refugees

Unlike asylum-seekers, refugees are approved for protection in the U.S. before they arrive.

The Biden-Harris administration admitted over 100,000 refugees in fiscal year 2024 – a three-decade high. The White House has signaled an ongoing commitment to refugees by keeping the annual cap at 125,000.

By contrast, Mr. Trump set refugee-admission caps to historic lows while president. He says he’ll suspend refugee resettlement if reelected.

The Republican also says he plans to revive a “travel ban,” which critics say targeted Muslim immigrants. He’s also pledged to ban refugees “from terror-infested areas like the Gaza Strip.” It’s unclear whether Ms. Harris would extend immigration protections for certain Palestinians already here.