Trump could deport hundreds of thousands of migrants that Biden allowed into the US legally

President-elect Trump’s transition team is considering ending two Biden administration programs that have allowed more than 1.3 million immigrants to legally enter the U.S., leaving those who have entered but do not yet have asylum will be eligible for deportation, NBC News has learned.

The exact number of people who could face deportation after legally arriving in the U.S. is unknown, but is estimated to be in the hundreds of thousands.

Trump’s plan to end the two Biden programs comes as the president-elect’s promised plan to carry out mass deportations is taking shape. Trump’s transition team is considering plans to maximize the scale of deportations and prioritize certain immigrants among the first to be forced to leave.

While those entered under the programs may be eligible for deportation, the first people likely to be targeted are those considered threats, possibly including Chinese men who they believe are of military age and who are living in the United States illegally, three sources familiar with the plan told NBC News. This group also includes convicted criminals who are in the U.S. illegally and those who have permanent orders for deportation, officials said.

Migrants who arrived legally in the U.S. under the Biden administration’s two programs — CBP One and the Cuba, Haiti, Nicaragua, Venezuela (CHNV) Parole Program — may be immune from deportation if they have already been cleared , or if they are on their way to asylum or other legal status to stay in the United States.

If not, they could be deported as part of Trump’s plan to dramatically increase the number of migrant deportations.

However, the sources warned that they may not be considered top priorities for deportation after Trump comes to power but could still end up being deported.

The programs have been a crucial part of Biden’s strategy to increase the number of legal routes for migrants to enter the United States while discouraging illegal border crossings.

Since the migrants entered the US legally, any attempt by Trump to deport them will likely be challenged in court by several groups.

A Trump campaign spokesperson did not respond to a request for comment.

Legal battle expected

Immigration advocates have applauded the Biden administration’s programs and are likely to ask judges to block any deportation plan, just as they asked judges during Trump’s first term to halt his plan to end the DACA program for immigrants considered children are brought to the United States.

The Supreme Court rejected the Trump administration’s attempt to end DACA in 2020, but that was before the court switched to a conservative majority.

An immigration advocate, who spoke on condition of anonymity because they did not want to discuss potential lawsuits, said the new administration should expect legal challenges.

“If (Trump) cancels the (CHNV) parole program, what does that mean for people who are already here to have their parole revoked? We expect that this will be legally difficult,” said the lawyer.

More than 531,000 nationals of Cuba, Haiti, Nicaragua and Venezuela have entered the United States through the CHNV parole program, which was created to allow migrants from those countries to apply for entry from their home countries with the assistance of a US-based sponsor.

More than 852,000 migrants have entered through CBP One, a mobile phone application program for migrants who have already left their home countries and are waiting in northern Mexico. They can request an appointment via the app to qualify for asylum, but they are not necessarily eligible.

Two officials said targeting migrants seeking to enter the country through these programs will be easier than finding others living in the United States, because they would have to provide addresses where they planned to live and other information to register to register.

Who will be targeted for deportation?

Chinese nationals deemed to be of military age and living illegally in the United States will be among the first targeted as they could pose a national security risk, sources close to the Trump campaign said.

In recent years, the number of Chinese nationals entering the United States has increased dramatically. Before 2021, the number of Chinese nationals crossing the border illegally averaged less than 1,000 per year.

The number of undocumented Chinese nationals crossing both the northern and southern borders into the US has nearly tripled from just over 27,000 in fiscal year 2022 to more than 78,000 in fiscal year 2024.

Of those who crossed the border in 2024, more than 65,000 were single adults, according to Customs and Border Protection data. It is not clear how many of them were men.

Immigration and Customs Enforcement has had a difficult time deporting migrants from China, as well as Nicaragua, Venezuela, Haiti and Cuba, as those countries often refuse to take back their nationals.

Two sources familiar with the new administration’s plans said the Trump administration could consider sending migrants to third countries if their home countries refuse to accept them. Trump adopted a similar policy at the end of his first term when the US deported third-country migrants to Guatemala.