Papers, Please: The Politics of Belonging from Nairobi to Washington

Introduction

Global immigration remains a pressing issue, with countries adopting varied strategies to manage legal and illegal migration. This article examines and compares Kenya’s immigration policies with those implemented during Donald Trump’s presidency in the United States, highlighting recent developments in both nations.​

Kenya's Immigration Policies
  • Legal Framework: Kenya’s immigration is governed by the Kenya Citizenship and Immigration Act of 2011, which outlines procedures for entry, residence, and citizenship.​
  • Recent Developments:
    • Expedited Identification Processes: In February 2025, President William Ruto signed a proclamation to facilitate the issuance of national ID cards in northern border communities, removing a 60-year-old vetting requirement. This move aims to provide legal identity to thousands who were previously marginalized.
    • Accountability Measures: As of April 2024, chiefs are held personally responsible for any illegal issuance of ID cards to foreigners in their jurisdictions. This policy seeks to ensure that only eligible citizens receive identification documents.
    • Judicial Interventions: In November 2023, the High Court suspended new charges for ID cards and passports, deeming the fee increases capricious and inaccessible for many Kenyans.
Trump Administration's Immigration Policies

Key Policies and Actions:

    • Financial Penalties for Non-compliance: In April 2025, the administration announced plans to fine migrants up to $998 daily for failing to leave after a deportation order, potentially accumulating over $1 million in some cases.
    • Utilization of Wartime Laws: The Supreme Court authorized the use of the Alien Enemies Act to deport alleged gang members without standard court hearings, marking a significant shift in deportation procedures.
    • Funding Withdrawals: The administration revoked $188 million in federal grants previously allocated to New York City for migrant shelters, citing allegations of supporting illegal immigration.
    • Direct Enforcement Actions: Homeland Security Secretary Kristi Noem led high-profile deportation raids, personally participating in the arrest of undocumented immigrants with criminal histories.
Comparative Analysis

Policy Objectives:

    • Kenya: Focuses on streamlining identification processes to include marginalized communities and ensure all citizens have legal documentation.
    • Trump Administration: Emphasized stringent enforcement to deter illegal immigration and remove undocumented individuals, particularly those deemed security threats.

Enforcement Mechanisms:

    • Kenya: Implemented administrative reforms, such as holding local chiefs accountable and removing bureaucratic barriers, to enhance lawful identification.
    • Trump Administration: Utilized financial penalties, legal provisions like the Alien Enemies Act, and direct enforcement actions, including raids led by high-ranking officials.

Legal and Humanitarian Considerations:

    • Kenya: Judicial interventions have played a role in ensuring that policy changes, such as fee increases for identification documents, are fair and accessible to all citizens.
    • Trump Administration: Faced criticism for policies perceived as punitive and potentially infringing on due process rights, such as imposing substantial fines and expediting deportations without standard hearings.
Implications and Outcomes

Kenya:

    • Efforts to expedite ID issuance and remove discriminatory practices aim to foster inclusivity and national cohesion.
    • Judicial checks ensure that policy changes align with constitutional rights and public interest. 

Trump Administration:

  • Aggressive enforcement measures sought to deter illegal immigration but raised concerns about human rights and the potential for wrongful deportations.
  • Financial penalties and funding withdrawals impacted local governments and communities involved in migrant support.
Conclusion

Kenya’s recent immigration policies reflect a balance between enhancing security and promoting inclusivity, with significant roles played by both the executive and judiciary. In contrast, the Trump administration’s approach was characterized by stringent enforcement and punitive measures aimed at deterring illegal immigration. Both strategies highlight the complexities that nations face in addressing immigration within legal, social, and political contexts.

Disclaimer:

This article reflects the personal opinions and interpretations of the author and is intended for informational purposes only. It does not constitute legal advice. For professional assistance with immigration matters, readers are encouraged to seek legal counsel.

If you or someone you know is facing immigration-related challenges—whether it’s documentation issues, citizenship claims, deportation risks, or appeals—D. Otunga & Associates offers tailored legal support. Their experienced team handles:

  • Regularization of immigration status
  • Assistance with Kenyan ID and passport applications
  • Citizenship and naturalization processes
  • Appeals against deportation or denial of documents
  • Legal representation in immigration tribunals and courts

Whether you’re navigating bureaucratic hurdles or fighting for your right to belong, D. Otunga & Associates can help ensure your rights are recognized and protected.

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