Tracing the Legacy of Post-9/11 Immigration Tactics Under the Trump Administration

Executive Summary

This policy brief will discuss and examine how visa revocations under the Trump administration parallel post-9/11 tactics, emphasizing how movement lawyers and legal challenges have worked to protect due process and constitutionally protected activities.

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Introduction

From the colonial period to today, over 86 million immigrants legally entered the United States between 1783 and 2019. Immigration can be traced to the early 1600s, when European countries encouraged the immigration of skilled workers. During the colonial period, many individuals immigrated voluntarily or involuntarily to the British colonies in North America. The allure of a better life, higher wages, and the opportunity to break generational curses has existed since/before the American Revolution to today. Immigration policies have radically shifted, further fueling the disorganized and inefficient immigration system in place today. Congress has power over immigration, giving it the ultimate authority to decide whether foreign nationals may enter or reside in the United States. This process presents an opportunity to discuss the ways post- 9/11 immigration policies shaped our current immigration system.

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Historical Context: Post 9/11 Immigration Policies

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The events of 9/11 triggered another shift in U.S. immigration policies. Most notable was the creation of the Department of Homeland Security (DHS) in 2002 under the Homeland Security Act. DHS was established to provide better protection and improve security for U.S. citizens from any imminent threats. Responsibilities included departmental oversight of border security, immigration enforcement, cybersecurity, and customs. Following the 9/11 attacks, DHS began collecting information from other intelligence agencies to increase preparedness for future attacks, resulting in the development of the National Security Entry-Exit Registration System (NSEERS). Upon arrival in the U.S., non-immigrants on visas were required to register themselves at every point of entry, provide fingerprints, photographs, and undergo extensive interrogations. Many registrants were subjected to deportation due to confusion among immigration officials on the reporting process, the program’s lack of structure, and vague guidelines about registration. The lack of infrastructure and ambiguity from the Bush administration allowed individuals to inadvertently violate the rules. As a result, approximately 14,000 people have been put into removal proceedings under NSEERS.

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A defining feature of NSEERS was the retention of individuals into the system if they remained in the U.S. for over thirty days. The retained list of names included majority Muslim or Arabic male names from sixteen designated countries identified as a security threat by the U.S. government. The registration included individuals from Iran, Iraq, Afghanistan, Lebanon, Yemen, Pakistan, Algeria, and more. As individuals entered and exited the country, each recorded departure was added into the database- ultimately registering more than 90,000 Muslims from Muslim majority countries. Despite its scope, NSEERS produced no results of preventing or identifying terrorism, rendering it both ineffective and discriminatory.

The program unjustly targeted Muslims and was later suspended in 2011 due to inefficiency. Its legacy carried on in the form of the Terrorist Screening Database (TSDB). The TSDB is the terrorist watchlist maintained by the FBI to decide who to hire, who to administer a driver’s license to, and how to treat people when they are traveling at the airport or crossing borders. With the same intent as NSEERS, it purports to promote national security but has faced criticism for disproportionately targeting Muslims. The TDSB is composed of millions of individuals, with 98% of the entries having Muslim or Arabic names. Immigration officials can deny entry to individuals into the U.S. if someone is unknowingly on the watchlist. The undisclosed processing and placement of individuals on this list implicated over 1.5 million people. Individuals placed on the list are subjected to phone seizures at the airport, interrogations, prolonged travel delays, and adverse impacts on immigration benefits. The legacy of NSEERS and similar programs continues to influence immigration enforcement.

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Trump Administration’s Visa Revocation Practices

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Under the Trump administration, there has been a drastic increase in visa revocations, particularly targeting pro-Palestine activists. For instance, Mahmoud Khalil, a Palestinian-American student and activist, was taken from his residence by unidentified ICE agents, transferred to an immigration detention facility in Louisiana, and now faces potential deportation. Secretary of State Marco Rubio asserted that Khalil poses a threat to national security, and, therefore, is deportable. Yet, no criminal evidence or record has been presented in support of this claim. Since Khalil’s arrest, nearly 400 students have had their visas revoked for similar reasons.

A student visa is one of many visa types individuals can apply for to enter the United States. Known as an F-1 visa, it’s a visa used by students who seek to enter the U.S. to attend an academic institution. To obtain the visa, the academic institution must be registered with the Immigration and Customs Enforcement unit and the Student and Exchange Visitor Program (SEVP). Various Federal officials justify the revocations by alleging the students are supporting Hamas and promoting antisemitism. However, Khalil and many other students have not been charged with any crimes and remain in a legal state of limbo, pending the threat of deportation or detainment.

The Trump administration expanded its removal procedures, allowing immigration officials to deport individuals without a hearing or due process. Many lawsuits have been filed against the Trump administration and federal agencies for unlawfully stripping immigrants of their rights to due process. Rubio has utilized a provision in the “Ineligibility Based on Sanctions Activity” clause 9 FAM 302.14-2 that allows the Secretary of State “to exclude, under certain circumstances, any applicant whose entry or proposed activities in the United States would have potentially serious adverse foreign policy consequences for the United States.” Critics argue the clause is too broad and used disparagingly. The cited provision requires the government prove through “convincing evidence” that a green card holder is deportable. The Notice to Appear issued for Khalil was inapplicable to him and did not present a basis to arrest him as he has no criminal record.

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Role of Movement Lawyers and Legal Challenges

Several movement lawyers and non-profit organizations have been instrumental in challenging Trump’s executive orders and immigration policies, both during his first term and in the present. Many international students have sued the Trump administration for revoking their visas, arguing the government is denying them their right to due process. Lawsuits filed report that students had their visas revoked over minor infractions, such as traffic violations, while others received no explanation as to why their visa was revoked. In response to the opposition, President Trump issued a memo accusing immigration lawyers of assisting their clients in filing fraudulent asylum applications and called for increased scrutiny against immigration lawyers. Attorney General Pam Bondi and Secretary of Homeland Security Kristi Noem were directed to take action against lawyers and law firms, who he alleges, are lying on behalf of their immigrant clients. As a result, law firms, fearing potential repercussions to their brand and attacks from the administration, scaled back their pro-bono work on immigration-related matters.

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Conclusion

It is contrary to the United States Constitution for the government to punish legally residing non-citizens for criticizing foreign policy or engaging in constitutionally protected free speech. The politically-motivated use of immigration enforcement to target pro-Palestine student activists is an abuse of power and disproportionately targets Palestinian activists. Reports show over 1,400 students have had their student visas revoked attending both private and public academic institutions. Immigration policies have radically shifted, further fueling the disorganized and inefficient immigration system in place today. Congress has power over immigration, giving it the ultimate authority to decide whether foreign nationals may enter or reside in the United States.

Recommendations:

1. Understand that you have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials
2. Refer to the ACLU’s Know Your Rights guide if encountered by law enforcement: ​​https://www.aclu.org/know-your-rights/stopped-by-police

     3.  Refer to CAIR’s travel guidance for citizens and non-citizens: https://www.cair.com/wp-content/uploads/2025/03/Final-2025-travel-guidance.pdf