Trump’s Executive Orders Reshape U.S. Policy

On January 20 and 21, 2025, President Trump signed multiple executive orders impacting U.S. immigration policies. These orders introduce new measures on visa issuance, birthright citizenship, border security, and the refugee program. Below is a summary of the key executive orders and their potential impact on employers and foreign nationals.

1. Protecting the United States from Foreign Terrorists and National Security Threats

Summary:
This executive order mandates the Department of Homeland Security (DHS) and the Department of State to enhance the vetting process for visa applicants and individuals already in the U.S. It emphasizes stricter background checks and scrutiny.

Potential Impact:

• Increased likelihood of administrative processing delays for foreign nationals applying for visas.
• Visa appointments could be delayed or suspended.
• Individuals from high-risk countries may face heightened scrutiny, regardless of current nationality.
• More Requests for Evidence (RFEs) and denials from U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP).
• Potential travel bans on high-risk countries.

2. Protecting the Meaning and Value of American Citizenship

Summary:
Effective February 19, 2025, this order limits birthright citizenship. Children born in the U.S. will only automatically acquire citizenship if at least one parent is a U.S. citizen or a Legal Permanent Resident (LPR).

Potential Impact:

• Children born to parents in unlawful status or on temporary visas will not acquire U.S. citizenship.
• Parents may need to apply for dependent visas based on their nonimmigrant status.
• Ongoing litigation against the order, with a temporary restraining order issued by a U.S. District Court.

3. Securing U.S. Borders and Declaring a National Emergency at the Southern Border

Summary:
This order directs the use of additional security measures at the southern border, including physical barriers, armed forces, and surveillance technologies. It also ends certain parole programs for nationals from Cuba, Haiti, Nicaragua, and Venezuela.

Potential Impact:

• Increased scrutiny and delays at U.S. ports of entry, especially at the southern border.
• Employers and foreign nationals should prepare for potential delays when entering from Mexico.
• Foreign nationals may need to present documentation to confirm familial relationships.

4. America First Trade Policy

Summary:
This order reviews the United States-Mexico-Canada Agreement (USMCA) and other trade agreements to ensure they benefit American workers. It mandates renegotiations or withdrawals from agreements that disadvantage the U.S.

Potential Impact:

• While no immediate changes are expected, the USMCA includes provisions for TN visa holders. TN applicants may face additional scrutiny.
• Other treaty-based visas (e.g., E-1, E-2, E-3) could be impacted by changes to trade agreements.

5. Executive Order Protecting the American People Against Invasion

Summary:
This order directs DHS to strengthen enforcement of immigration laws, expand expedited removals, and limit access to humanitarian parole and Temporary Protected Status (TPS). It also revokes policies from the Biden administration that hinder immigration enforcement.

Potential Impact:

• Biden-era humanitarian parole programs will be eliminated.
• Under DHS direction, Immigration and Customs Enforcement (ICE) will now be emboldened to conduct arrests in places like schools, churches, hospitals, and courthouses.
• State and local law enforcement will be authorized to enforce immigration laws.
• Foreign nationals should keep their immigration status documentation readily available.

6. Executive Order Guaranteeing States Protections Against Invasion

Summary:
This order asserts that there is an “invasion” of migrants at the southern border and prohibits entry, including for asylum seekers. It revokes the Biden administration’s Executive Order 14013, which expanded refugee and asylum programs.

Potential Impact:

• Asylum seekers may face blocked entry at the southern border, a return to the controversial Remain-in-Mexico policy
• Legal challenges are expected due to the Immigration and Nationality Act’s asylum provisions.

7. Realigning the United States Refugee Admissions Program (USRAP)

Summary:
USRAP will be suspended starting January 27, 2025, pending further guidance from DHS. Refugee admissions will be handled on a case-by-case basis.

Potential Impact:

• No new refugee admissions will be processed until DHS provides further instructions.
• Executive Order 14013, which aimed to enhance refugee resettlement, is revoked.

8. Initial Rescissions of Harmful Executive Orders and Actions

Summary:
This order rescinds 78 executive orders and presidential memoranda issued by the Biden administration, including those focused on civil immigration enforcement, regional migration management, family reunification, and refugee resettlement.

Potential Impact:

• The rescinded orders include policies aimed at promoting immigration, refugee resettlement, and family reunification.