While the president may influence immigration enforcement policy, an outright termination of EB-5 by executive order would face swift legal challenges— similar to those seen in DHS v. Regents of the University of California( 2020), which dealt with DACA.
Convention Center, which boosted tourism and created local jobs; and the Brightline train in Miami, a transformative infrastructure investment connecting multiple Florida cities and creating a model for sustainable transportation.
Residential and mixed-use projects have also seen major EB-5 investment, such as The Village of Escaya and Côta Vera in Otay Ranch, San Diego— a 12,000-home masterplanned community that incorporates affordable housing, illustrating how EB-5 capital supports long-term, inclusive regional growth.
CAN TRUMP END EB-5? Despite the announcement, it is unlikely that Trump would actually end EB-5.
The program brings in substantial capital, creates American jobs and supports development in both urban and suburban markets. Additionally, immigration law is governed by Congress under Article I, Section 8 of the Constitution, and the Supreme Court has consistently upheld congressional authority over immigration policy( Fiallo v. Bell, 1977).
In 2022, Congress reauthorized the EB-5 program through 2027 under the EB-5 Reform and Integrity Act( RIA). This means any attempt to eliminate the program would require new legislation— something difficult to pass in a politically divided Congress.
Moreover, USCIS( not the White House) controls processing and adjudication.
WHAT TO EXPECT Rather than eliminating EB-5, Trump’ s announcement appears to signal a desire to expand and rebrand investment-based immigration. His administration may pursue a dual-track system: maintaining EB-5 for job-creating, mid-tier investments, while introducing a Gold Card visa aimed at ultra-wealthy individuals seeking added benefits.
The most forward-thinking part of Trump’ s concept is the idea of removing the restrictive 10,000-visa EB-5 cap. He has publicly suggested that up to one million investors may seek to invest under this new program— a bold and ambitious projection that reflects a broader vision for economicbased immigration.
It’ s an interesting opening bid. But to be truly effective, this new investment visa must be priced right, designed responsibly and built to complement— not replace— the existing EB-5 framework that continues to deliver value to the U. S. economy.
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