Trump Administration Immigration-Related Executive Orders

What U.S. Employers Need to Know About Potential Impacts on Workers

The new Administration has taken immediate and swift action with the goal of reshaping our country’s immigration policies. Employers should be aware of how these changes will affect the workplace.

In addition to the Executive Orders, notifications were made public that U.S. Immigration and Customs Enforcement (ICE) would be conducting raids in major cities starting immediately. Large cities are being targeted for these enforcement actions. While the new Administration has stated that the primary goal of ICE would be to target criminal, undocumented workers, their employers should understand that all undocumented workers may be at risk of deportation.

Specific Executive Orders Relating to U.S. Immigration

1. National Emergency at the U.S. – Mexico Border - Resulting in increased scrutiny relating to the hiring of foreign nationals and stricter enforcement of employer verification processes.
2. Declaration of an invasion at the Southern Border to suspend entry for anyone engaged in an invasion.
3. Assign the U.S. military to seal the border and repel mass migration events
4. Reinstatement of the “Remain in Mexico” Policy – Requiring that asylum seekers wait in Mexico while their U.S. immigration cases are processed with the goal of deterring unlawful entry, resulting in fewer asylum requests. This is a resurrection of prior policy during the first Trump administration.
5. End Birthright Citizenship – Effective February 20^th, children of women unlawfully present in the United States and the parents present lawfully but temporarily (such as on a valid work or student visa) will no longer be considered U.S. citizens at birth if the father is not a U.S. citizen or permanent resident. Children will not be issued U.S. passports, nor will they be eligible for federal benefits or programs. The ACLU and 28 states have already sued to challenge this order as a violation of the 14^th Amendment to the U.S. Constitution. As of January 23, 2025, implementation of this Executive Order has been halted by a Federal Judge.
6. Termination of the Asylum-Related Mobile App – This Executive Order terminates the use of “CBP-One” – the mobile application used to schedule asylum appointments. Result will be the reduction and deterrence of asylum applicant applications at the U.S. border and entry points.
7. Designation of Mexican Criminal Cartels as Terrorist Organizations – Leading to increased security measures and potential supply disruptions, especially to businesses operating near the border with resultant cross-border trade being impacted.
8. Additional Vetting of Visa Applicants and possible suspension of visas for certain countries – to take effect with recommendations.
9. Rescission on prior administration’s civil immigration priorities and enforcement, thereby expanding enforcement of immigration policies on I-9 audits and ICE workplace raids.
10. Rescission of family reunification initiative of prior administration, thereby reinstating child separation policy.
11. Rescission of refugee resettlement initiatives has immediately impacted Afghan refugees who are banned from boarding flights to the U.S. as of January 20, 2025.
12. Reestablishing “America First” Trade Policy, which may impact TN visas for Canadian and Mexican professionals, depending on Administration’s assessment of the United States-Mexico-Canada Agreement (USCMA) .

Considerations for U.S. Employers – I-9 Compliance and related factors

• Establish an I9 Audit and Compliance Program – Review this on a regular basis. If an Audit does occur, you and your company are ready. This would include training your employees to familiarize themselves with the documentation necessary to identify new hires and employment authorization documents. The USCIS M274 Training Handbook is indispensable. (Handbook for Employers M274 | USCIS).
• Consider participation in EVerify – It is possible that the new administration will make E-Verify a mandatory requirement for all businesses. This will likely provide U.S. employers with a ‘safe harbor’ in the form of reduced penalties in the event of an Audit. The EVerify website can be found here: Home | EVerify.
• Be prepared for a realignment of the USCMA (U.S. Mexico Canada Pact) – Watch for changes in the Free Trade Agreement between the U.S.A., Mexico and Canada. There can be a visa fallout from any changes to this agreement relating to the TN NAFTA Visa, B1 visitor visas and H1B, H-2A and H-2B work visas.
• Prepare for delays in visa issuance at consular posts – Due to additional vetting and scrutiny, it is possible that delays in visa issuance at consular posts will result in the inability to swiftly transfer employees to the United States.
• Prepare for issuance of Requests for Evidence as the new Administration is expected to rescind its deference policy for prior approvals and apply stricter scrutiny to work visa petitions.

We expect that there will be updates soon regarding the Birthright Citizenship Executive Order, related U.S. I-9 and other compliance issues. Our Immigration Practice Team will continue to monitor new immigration initiatives and provide updates to our clients.

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