‘Kazakhstanis should return home?’: What is happening in the US after Trump’s new rules

Tengrinews.kz - With Donald Trump’s return to the White House, US immigration policy has tightened significantly — and not in favor of migrants. In the first weeks of his new presidential term, programs that once allowed foreigners to enter the country legally or seek asylum were rolled back. Thousands of people have been affected, including citizens of Kazakhstan. Tengrinews.kz explores what this means for Kazakh nationals in the US.

Embassy urges Kazakhstanis to return voluntarily

The Embassy of Kazakhstan in Washington recently urged citizens facing deportation to return home voluntarily in order to avoid fines and other penalties. Officials recommend doing so as soon as possible.

Those who choose to leave the US voluntarily may benefit from:

• being able to choose their flight;
• avoiding detention by law enforcement;
• retaining their earnings and personal property;
• financial assistance for tickets if they cannot afford one;
• the possibility of legally reentering the US in the future.

However, those who defy court orders and stay in the country may face severe consequences.

Harsh penalties for undocumented migrants

Citizens who refuse to leave the US voluntarily will be subject to strict measures.

Most notably, they may be deported immediately without time to prepare. US Department of Homeland Security officers may detain individuals without prior notice.

Fines may also apply. Those who remain in the country despite a court ruling could be charged $998 per day retroactively. In some cases, penalties can reach up to $1 million. If the fine cannot be paid, the government may seize personal property.

An additional penalty of $1,000 to $5,000 may be imposed for failure to report via CBP Home. A future return to the US would be prohibited.

CBP One suspended, chaos at the border

One of Trump’s first actions in office was to revoke the right to request asylum at the border. The CBP One mobile app — previously used by migrants to schedule legal border crossings from Mexico — has been shut down.

As a result, large groups of migrants from various countries, including from Central Asia and the former Soviet Union, are now stranded at the southern US border in legal limbo.

“Every morning felt like a lottery”: Migrant shares his story

Kazakh nationals who have already received asylum in the US declined interviews for safety reasons. However, 33-year-old Bekzat (name changed), a citizen of Kyrgyzstan granted asylum in 2023, shared his experience.

“I flew from Kyrgyzstan to Turkey, then traveled through Spain to Nicaragua and arrived in Mexico. In Tijuana, I registered through CBP One and selected a date to cross the border. Every morning felt like a lottery — we’d open the app hoping we’d be lucky. Sometimes it wouldn’t work at all. The hardest part was waiting. I had almost no money left and was worried I wouldn’t make it to my appointment,” he said.

Bekzat spent nearly two months in a shelter in Tijuana, sleeping on the floor with dozens of other migrants. For weeks, he didn’t know if he would be allowed to enter the US or be deported.

“I didn’t leave because of poverty. I feared for my life. I had received threats and didn’t feel safe at home. When I was finally allowed to cross the border, I walked forward without looking back,” he recalled.

After crossing, Bekzat was held in a migrant detention center for nine days. With help from a charity organization, he reached Chicago, found a job, and received legal assistance. In 2023, he was officially granted asylum.

Deportation and arrest statistics for Kazakh nationals

According to the US Immigration and Customs Enforcement (ICE), 13 Kazakh nationals were arrested during the first nine months of 2024. Between October 2020 and September 2024, a total of 106 Kazakh citizens were detained, mostly in Los Angeles, New York, and San Francisco. During that period, 63 were deported, including 23 in 2024 alone.

For comparison, ICE made the following arrests between 2020 and 2024:

• Russians: 1,407
• Uzbeks: 749
• Ukrainians: 344
• Kyrgyzstanis: 74
• Mexicans: 143,986

From Biden’s lenient policy to Trump’s hardline approach

Under Joe Biden, immigration policy was more relaxed. CBP One was introduced, humanitarian programs expanded, and deportations were reduced.

Trump has reversed many of those measures, reinstating the “Remain in Mexico” policy, ending the release of detained migrants before their hearings, and making asylum harder to obtain. Deportations and border raids are now a top priority.

CBP One is no longer available. Entering the US without a visa — even due to threats or persecution — no longer guarantees a right to asylum.

thenews2.com/depositphotos.com

What Kazakh nationals in the US should know: Lawyer’s advice

Tengrinews.kz spoke with immigration lawyer Daniyar Nurtayev about what Kazakh citizens in the US should do in light of the changes.

He emphasized that maintaining legal status is more important than ever.

“Before, having legal status was crucial. Now it’s absolutely essential. If you don’t have it, you’ll be deported automatically,” said Nurtayev.

With the shutdown of CBP One, legal entry through Mexico is no longer an option.

“The program no longer exists. There are no legal ways to cross the border through Mexico. If you try, you’ll go straight into a detention center,” he explained.

El Paso, Texas. Immigrants waiting for permission to enter the U.S. Marcel Nothdurft/Depositphotos.com

“You’ll likely go through all your hearings there. If you can’t prove that you fled your country due to legitimate fear of persecution, you’ll be deported almost immediately. Even if you can prove it, you’ll still face major legal obstacles due to your illegal entry,” Nurtayev added.

Laflota/Depositphotos.com

Stricter courts, fewer chances

According to Nurtayev, immigration courts have become more rigid, border patrol has intensified, and many judges previously sympathetic to migrants are stepping down.

“Administrative procedures are being strengthened, and the chances of a favorable outcome are shrinking,” he said.

Who is affected by Trump’s new rules?

For hundreds of Kazakh nationals stuck in immigration limbo, Trump’s policies have left few options. Any illegal action may result in deportation. Legal entry is only possible via a valid visa, and it is critical to follow all visa rules.

Attempting to cross the border outside official procedures is not only risky but may result in long-term restrictions. Even with valid reasons, migrants are advised to stay within the law and consult immigration attorneys.

Laflota/Depositphotos.com

According to the lawyer, there’s only one legal argument that might protect those who entered the US without using CBP One.

“You must provide proof that waiting for your CBP One appointment was not a realistic option — that you had no choice but to cross illegally,” he said.

Valid reasons might include:

• running out of money to remain in Mexico;
• serious medical issues;
• threats to personal safety.

“It’s essential to show that the person stayed in Mexico for as long as their situation allowed and made good-faith attempts to use CBP One, but ultimately had to cross the border due to circumstances beyond their control,” the lawyer said.

Who is not affected by Trump’s new rules?

Nurtayev stressed that Kazakh citizens who were in the US legally as of January 20, 2025, are not affected by the changes.

“If they entered the country lawfully, used CBP One, and applied for asylum in time, they’ll be fine,” he said.

Laflota/Depositphotos.com

He advises those facing difficult situations to avoid unnecessary risks and consider returning to Kazakhstan. An alternative is to submit a legal visa application.

Should students be worried?

Nurtayev also said the changes do not impact foreign students.

“Trump has always said he supports merit-based migration. He wants people who bring value to the US,” he said.

During his campaign, Trump hinted at offering green cards to international students who graduate from US universities. But Nurtayev notes that this remains a campaign promise, not law.

“If a student has an F1 visa, arrived on time, and is following the rules, they have nothing to worry about.”

Kazakhstan is not on Trump’s ‘watchlist’

Finally, the lawyer noted that Kazakhstan is not on the list of countries considered “dangerous” to the US.

“There’s an unofficial list of ‘high-risk’ countries. Some other Central Asian countries rank higher due to widespread immigration violations, including bypassing CBP One or using form 220 [a type of supervised release for undocumented migrants],” Nurtayev said.

After Donald Trump's return to the presidency, inbound tourism to the United States has sharply declined, with the number of international visitors in March dropping by nearly 12 percent compared to the same period last year. Read more here.