How New Immigration Regulations Could Affect Higher Education Students
Among President Trump's new executive orders issued since he
took office for his second term were many regarding immigration
which could affect both international students and undocumented
students in American institutions of higher education.
Some ways the new immigration regulations may affect college and
university students are listed below.
No Tuition Aid for Undocumented Students
The purpose of the executive order "Ending Taxpayer Subsidization of Open Borders" is to ensure that taxpayer money is not used to fund programs which support undocumented immigrants. The Enforcing the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) says that illegal aliens are not entitled to taxpayer-funded benefits. The goal of reviving laws like this one that have been ignored under the previous administration is to prioritize money collected from citizen taxpayers to help other citizens in need. An example are military veterans who served in the military, often in war zones, and as a result may suffer debilitating, life altering physical or mental injuries that require support services. The previous administration undercut that law and others, spending significant taxpayer money on benefits for noncitizens who were present in the U.S. illegally, but by executive order signed February 19, 2025, the Trump administration has announced they will now be upholding previously ignored immigration laws and instituting new ones.1 This will probably also affect undocumented students who are receiving aid from a college which subsidizes their tuition.
DACA Students
DACA still stands in 2025, when a U.S. Court ruled that USCIS can continue to process DACA renewal requests. If you are in school under the DACA program, you must keep your DACA status current or start the process for a green card in order to lawfully work and study in the U.S. For more information on the DACA program, see our DACA (Deferred Action for Childhood Arrivals) blog post.
Stricter Vetting for Student visas and Possible Restrictions
Student visa applications will now be more strictly vetted, possibly leading to longer processing times and more denials. The restrictions from certain countries remain to be seen as of this writing. But one example in the works is legislation being pushed to ban Chinese nationals from entering on student visas. This is due to claims that the Chinese Communist party is using student visas to enter the U.S. in order to spy on the military, threaten national security and/or steal intellectual property.
Possible Deportation of Anti-American Student Protesters
The recent arrest of a Palestinian activist enrolled at Columbia University who led protests against Israel is only the first of many, President Trump has warned. The arrested person was a lawful U.S. resident, which should concern any student who does not possess lawful status. If you are engaging in pro-terrorist, anti-American, or anti-Semitic activities or protests, you are putting a target on your back for immigration enforcement. While the deportation of this individual was temporarily blocked by a judge, the outcome remains to be seen and the same protections may not be effective for anyone who is not lawfully present in the U.S.
Elimination of "Sensitive Locations" policy
This means that ICE can detain individuals on hospital grounds, court buildings and at universities. Noncitizens should carry registration documents or their immigration papers if they are here lawfully (see Immigration Updates 2025 – Alien Registration Requirement – Siri & Glimstad LLP). As noted above, while ICE is specifically targeting foreign nationals who are not in the U.S. with good intentions, openly expressing anti-American sentiments will likely get an undocumented person added to the removal list. ICE can even intercept noncitizens who are at court for a civil or criminal hearing. Any criminal involvement on the part of a noncitizen is likely to result in being added to the removal list for deportation.
International program Cuts
The "America First" Policy emphasizes that all policies and programs must put America and Americans first. This could possibly affect international exchange programs funded by the State Department, but remains to be seen.
Parole programs terminated
Humanitarian parole programs for foreign nationals of countries such as Venezuela, Haiti, Afghanistan, Nicaragua, Cuba and the Ukraine have allowed 30,000 people a month to enter the U.S. since January 2023. These programs have been suspended, and are currently being challenged in court by foreign nationals who claim it is the duty of the United States to protect them from the instability in their home countries. This termination may affect students of higher education who are here on humanitarian parole and do not pursue lawful status.
End of DEI programs
This means that no application will be prioritized or spots saved for those who qualify as a minority when applying for schools. This directive seeks to ensure that all college applicants have equal opportunities to education and scholarships based on their merit and hard work. The goal is that no student will feel they lost out on an opportunity based on their race. But the result may be that immigrant students may not have automatic access to certain spots reserved for them at universities.
International Students on F-1 And J-1 Visas
Students present in the U.S. on a visa must maintain their status or risk being deported without a hearing. Expedited removal is explained further here: Immigration Removal Proceedings: Deportation Processes in 2025 – Siri & Glimstad LLP.
Summary
There are many student benefits available to immigrants with legal status, including student loan forgiveness for public servants which the Trump administration has revived. If you are a noncitizen student with concerns about higher education due to not having legal immigrant status, it may help your peace of mind to consult with an attorney and find out what your options are.
Footnote
1. Ending Taxpayer Subsidization of Open Borders – The White House
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
