Immigration moves
Miller was an advocate for the Trump administration's family separation policy. In April, he was "instrumental" in Trump's decision to intensify enforcement of the policy, according to The New York Times, and was critical to Trump's endorsement. The policy incited controversy, including an internal conflict, targeted towards Miller in June. Amid the backlash, Miller continued to lead a plan to use executive authority and rule changes to institute an immigration crackdown ahead of that year's elections, believing immigration to be a key issue. He conducted meetings privately, in fear of "hostile bureaucrats" leaking policies, according to Politico. That month, the Supreme Court affirmed the Muslim travel ban; chief justice John Roberts supported Miller's assertion that the president could use Section 212(f) of the Immigration and Nationality Act to "suspend the entry of all aliens or any class of aliens" through any necessary means. In an effort to quell outcry, Trump signed an executive order ending the practice of family separation.
According to the Financial Times, Miller sought to ban student visas for Chinese nationals, but his efforts were halted by Terry Branstad, the ambassador to China. In August, The New York Times reported that the Trump administration was considering a second reduction in the refugee quota. The Times noted that opponents of Miller—including Tillerson and Duke—had been ousted in favor of anti-immigrant officials, giving Miller's plan a greater chance of success. He privately urged Trump to continue on his border wall. In September, secretary of state Mike Pompeo announced that the quota would be set at 30,000. That month, the Department of Homeland Security proposed a rule denying lawful permanent residency to immigrants who have received government benefits, such as the Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, Medicare, and Section 8. The volume of immigration actions the following month—the deployment of federal troops to the Mexico–United States border and proposed executive action on blocking the Central American migrant caravans and ending birthright citizenship—was described by a Republican close to the White House as "a dream come true" for Miller.
As a second federal government shutdown in December 2018 neared over funding the Trump wall, Miller publicly stated that the Trump administration would "do whatever is necessary" to build the border wall, including shutting down the government. In a meeting to resolve the shutdown, Kushner defended Miller as an expert on the subject of immigration, though Kushner's support for legal immigration led to a conflict with Miller. Miller's influence with Trump led to concerns from senior Republican aides that he could convince Trump that accepting a compromise would amount to humiliation. Trump worked on that year's State of the Union address with Miller, who took a more active role in speechwriting.
Miller opposed Ronald Vitiello's nomination as director of Immigration and Customs Enforcement and Nielsen's tenure as secretary of homeland security; Trump withdrew Vitiello as his nominee and Nielsen was ousted within a two-day timespan in April. The departures, including Randolph Alles as director of Secret Service, continued in the following days in a mass purge across the Department of Homeland Security, in what The New York Times described as a signal of Miller's "enduring influence". Miller leveraged the uncertainty to pursue an aggressive immigration policy, pressuring mid-level officials at federal departments and agencies to be more vigorous in halting immigration. He pushed for the purge to continue and for several immigration policies, including housing migrants in border tent cities and extending detention times, to be implemented. The purge led to concerns about Miller's authority from congressional Republicans, including Texas senator John Cornyn. According to The New York Times, Miller orchestrated the purge. Kevin McAleenan, the acting secretary of homeland security, resisted Miller's continued efforts to dismiss officials. Miller was influential in Trump's decision to name Ken Cuccinelli as the acting director of Citizenship and Immigration Services.
Miller advocated for the Department of Housing and Urban Development to force the eviction of undocumented immigrants. In June, Trump imposed tariffs on Mexico over the border crisis, a suggestion that had been offered by Miller and Peter Navarro, the director of the Office of Trade and Manufacturing Policy. The following month, Citizenship and Immigration Services issued a regulation favoring wealthier immigrants for lawful permanent residency, an initiative Miller had led. In September, Miller sought to further reduce the refugee quota. In December, he developed a plan to use information the Department of Health and Human Services (HHS) had on migrant children to target them and their families for deportation. The plan would have also embedded immigration enforcement agents in the department's Office of Refugee Resettlement. The effort was rejected by officials at the Department of Health and Human Services.
Miller led speechwriting for the 2020 State of the Union Address, though he sought to temper his influence on its tone. The COVID-19 pandemic provided opportunities for Miller to advance his immigration policies. The foundation for Miller's actions came in prior attempts to use the president's authority in relatively minor health emergencies. In April, Trump suspended family-based immigration. Miller told conservative allies in a private conference call that the halt to immigration was one step in a broader plan. Miller sought to influence HHS to delay the admission of migrant children into shelters run by HHS and to fingerprint adults in households where refugee children are released; his proposals were considered by the department's refugee office.
In May, chief of staff Mark Meadows suggested that Miller should serve as the acting director of the Domestic Policy Council after Joe Grogan's resignation, though Kushner successfully proposed Derek Lyons instead. After his wife Katie tested positive for COVID-19 that month, Miller was forced to quarantine. He continued to push for changes to immigration policy to follow up on Trump's order in April, raising the standard of proof for asylum seekers. According to secretary of defense Mark Esper, he reportedly called for as many as a quarter of a million troops to be stationed at the border with Mexico. Miller participated in debate preparation sessions against Joe Biden. In October, Miller was among those who tested positive for COVID-19 amid an outbreak of the virus at the White House. Miller remained with Trump after the January 6 Capitol attack; he wrote the speech Trump gave preceding the attack. Miller contributed to Trump's speech condemning the attack after his second impeachment. In the final days of Trump's term, Miller continued to work to implement Trump's immigration policies.