Immigration to the United States has always been a central issue in the country’s government policies. Recently, President Donald Trump implemented a series of decrees tightening immigration laws.
These new changes affect both illegal immigrants and those seeking to reside legally in the country.
This article discusses the main changes in US immigration legislation and how they impact Brazilians who wish to live legally in the country.
Difference between legal and illegal immigration
Before we delve into the legislative changes, it is important to understand the distinction between legal and illegal immigration.
- Legal immigrationVisa: refers to the process by which foreign individuals obtain official permission to enter and reside in the USA. This can be through work, study or investment visas, or through family reunification programs.
- Illegal immigrationThe “visa violation”: involves entering or remaining in the US without proper government authorization. This includes crossing borders without inspection or remaining in the country after your visa has expired.
The recent measures adopted by the Trump administration are mainly aimed at combating illegal immigrationbut also affect legal immigration processes.
Main changes to immigration laws
In January 2025, President Trump signed eight decrees which significantly alter US immigration policies. Below, we highlight the main changes:
Strengthening border control
One of the decrees determines the strict application of immigration laws, prioritizing national and public security.
This includes the creation of task forces to combat crimes related to illegal immigration and the implementation of stricter penalties for foreigners without regular documentation. In addition, provides for the accelerated detention and deportation of illegal immigrants.
Declaration of emergency on the border with Mexico
Another decree declares a national emergency on the US southern border, alleging an “invasion” of cartels, criminals and illegal immigrants.
As a result, one of the changes to the immigration laws is the authorized the use of the Armed Forces to support the Department of Homeland Securityto expand physical barriers and reinforce security in the region.
Suspension of the refugee program
The US refugee admission program has been temporarily suspended on the grounds that increased immigration would compromise resources and security. This suspension will be re-evaluated every 90 days and provides for a review of the impact of refugees, as well as greater involvement of local authorities in the reception decision.
Restriction on automatic citizenship
One of the decrees signed by Trump provides for restricting the right to automatic citizenship by birth in the United States.
However, this change has provoked legal challenges and some judges have issued temporary blocks to implementation.
Automatic citizenship is guaranteed by the 14th Amendment to the US Constitution to anyone born in the country.
President Trump’s order sought to deny citizenship to the children of immigrants who are in the country illegally or on temporary visas.
Measures against immigration and trafficking at the border
The new guidelines reinforce US border security by construction of additional physical barriers and increased detention of illegal immigrants until their removal.
The policy includes the resumption of the Migrant Protection Protocols (MPP), which require asylum seekers to wait in Mexico while their applications are processed.
It also calls for an end to the practice known as “catch-and-release“, in which immigrants detained at the border were released to await immigration hearings in the US. The rules also tighten the criteria for granting asylum, making it more difficult for new applications to be approved.
Immigrant screening
Changes to immigration laws establish stricter criteria for screening and verifying foreigners who wish to enter the USA or who are already in the country. The measures include:
- Stricter visa evaluationand increased requirements for proof of ties to the country of origin.
- National security reviewswith detailed analysis of criminal records and possible links to extremist groups.
- Identification of countries with migration control failureswhich may result in entry restrictions for citizens of these nations.
- Expanding the use of biometric technology and artificial intelligence to monitor immigrants within the US.
Impacts for illegal immigrants
One of the main changes to US immigration laws is the authorization for the federal detention of illegal immigrants (with irregular immigration status).
Initially, the immigrant will have a hearing with an immigration judge and, if they don’t have a residence permit, they will be found to be irregular and taken to the custody center, where they will await deportation.
Opportunities for professionals and investors
At the same time as toughening measures against illegal immigration, the Trump administration has emphasized the importance of legal immigrationespecially of qualified professionals and investors.
Visa programs such as EB-2 NIWaimed at professionals with exceptional skills, and the EB-5The new tax code, aimed at investors who create jobs in the United States, continues to be widely encouraged by the American authorities. Recently, President Donald Trump announced the creation of the so-called “Gold CardThis is a proposal for a visa that would ease the path to American citizenship. The program, however, is likely to be expensive: around US$ 5 million.
Legal paths for Brazilians wishing to live in the USA
Despite the recent restrictions, there are still a number of legal avenues for Brazilians to reside in the United States. Below, we highlight the main options:
EB Visas
- EB-1 – Professionals of Extraordinary Ability: suitable for individuals who excel in the arts, sciences, education, business or sports. This category generally allows for faster approval and does not require a formal job offer, recognizing the candidate’s exceptional talent.
- EB-2 – Professionals with Advanced Skills: intended for professionals who have an advanced degree (master’s, doctorate or equivalent) or who demonstrate exceptional skills in their field. This visa offers a pathway to permanent residence.
- EB-2 NIW – National Interest Exception: a subcategory of EB-2 that does not require a job offer. It is aimed at qualified professionals who can demonstrate that coming to the US will bring significant benefits to the country and is considered to be in the national interest.
- EB-5 – Immigrant Investor: designed for investors who make a minimum investment of $800,000 in specific areas and who manage to create at least 10 jobs for American workers. This visa not only makes it possible to obtain permanent residency but also stimulates economic growth in the United States.
Green Card for Family Sponsorship
- Spouses, unmarried children under 21 and parents of US citizens have priority.
- Permanent residents can sponsor spouses and unmarried children.
Important considerations for Brazilian immigrants
- Complete and accurate documentationKeeping all documents up to date and in compliance with legal requirements is essential to avoid delays or complications in the migration process.
- Specialized advice: Due to the constant changes in immigration laws, it is highly recommended to seek advice from specialized companies to obtain up-to-date and specific information for each case.
- Watch out for legislative changes: Immigration policies can change rapidly. Therefore, keeping abreast of legislative and administrative changes is crucial to planning a safe and legal immigration.
The changes to US immigration laws in 2025 reflect a two-pronged strategy: strengthening internal security by focusing on deporting illegal immigrants and attracting foreign talent and investment to boost the US economy.
In this way, the United States seeks to remain a welcoming destination for qualified professionals and investors who wish to legally contribute to the country’s growth.
The tightening of migration policies highlights the importance of seeking legal and safe ways, ensuring that each stage of the process is aligned with the new government requirements.
In this scenario, having the support of immigration specialists can be decisive in avoiding mistakes and increasing the chances of success in obtaining a visa or green card.
A D4U Immigration offers complete advice for Brazilians wishing to immigrate to the USA, helping them choose the best visa, prepare documentation and monitor the process.
Get in touch with our experts and guarantee safe and efficient planning for your move to the United States.
