Unpacking President Trump’s New Immigration Orders: A Highway Map for Mobility Professionals

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Angelo A. Paparelli, Jan. 29, 2025

“On January 20, 2025, President Trump issued 26 Govt Orders and extra actions targeted on immigration enforcement, with important impacts on authorized, employment-based immigration. The directives embody stricter vetting processes, potential delays in visa processing, and heightened scrutiny for overseas staff, particularly these from international locations going through visa bans. This vetting course of will contain not solely new visa candidates but in addition noncitizens within the US who entered on a visa since January 2021.

Employers will face longer wait occasions, elevated administrative burdens, and potential disruptions for staff from sure international locations. Moreover, new enforcement measures might require overseas staff to hold proof of lawful immigration standing and current it to any immigration officer whom they encounter upon request. Whereas the long-term results stay unsure on account of potential authorized challenges, companies ought to put together by consulting immigration counsel and supporting affected workers.

This text will assess foreseeable adjustments to the US employment-based immigration system more likely to outcome from these directives and recommend preliminary steps for mobility professionals to contemplate as developments unfold. As a result of this text is concentrated on employment-based immigration, it won’t handle government orders to deploy US troops to the southern border, resume completion of the border wall, droop the refugee resettlement program, or overhaul the asylum course of.

A cautionary notice

Presidential government orders are nothing new (George Washington issued eight of them). An Govt Order (EO) is a directive issued by the President of america to handle operations inside the federal authorities. Whereas highly effective, the authorized impact of an EO is constrained by each Congressional authority and judicial energy.  Furthermore, as a result of lots of President Trump’s orders name for motion sooner or later and on condition that the end result of pending and anticipated litigation difficult them is unsure, it’s too quickly to say what their long-term affect could also be. Nonetheless, within the close to time period, the possible adjustments to employment-based immigration—and the results to mobility professionals—could require consideration.

Govt Orders and actions straight affecting employment-based immigration

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

What it says

The EO goals to reinforce nationwide safety by addressing potential threats posed by overseas nationals looking for to enter or stay in america who could interact in terrorism, promote dangerous ideologies, or exploit immigration legal guidelines for malicious functions. The main focus is on figuring out and screening people earlier than they enter or whereas they’re within the US to forestall nationwide safety threats. The order additionally seeks to “be certain that admitted [noncitizens] in any other case already current in america don’t bear hostile attitudes towards its residents, tradition, authorities, establishments, or founding rules, and don’t advocate for, assist, or assist designated overseas terrorists and different threats to our nationwide safety.”

The EO establishes amulti-agency effort led by the Secretary of State, in coordination with the Legal professional Basic, the Secretary of Homeland Safety, and the Director of Nationwide Intelligence (collectively, “Company Leaders”), to “promptly” enhance vetting and screening processes for all overseas nationals. This consists of reviewing data from overseas international locations and re-establishing a uniform baseline for safety checks that existed on January 19, 2021 (the top date of President Trump’s first time period).

Inside 30 days, Company leaders are directed, amongst different issues, to:

  • Overview all visa packages to establish and forestall misuse by overseas actors dangerous to US safety, financial system, politics, or tradition.
  • Suggest measures to counter overseas nationals undermining US constitutional rights, together with freedom of speech and faith.
  • Consider and advocate enhancements to immigrant assimilation packages to advertise adherence to US constitutional rules and identification.

Inside 60 days, Company leaders are directed, amongst different issues, to submit a report back to President Trump figuring out international locations with poor vetting and screening methods. The report should embody (a) an inventory of nations the place vetting is inadequate to make sure safety, (b) suggestions for partial or full suspension of nationals from these international locations below part 212(f) of the Immigration and Nationality Act (“INA”), and (c) information on the variety of nationals from these international locations admitted to the US since January 20, 2021, and their subsequent actions.

What it means for mobility

This EO mandates a immediate restoration of enhanced safety screenings that utilized throughout President Trump’s first time period in workplace. These screenings are more likely to have an effect on overseas nationals making use of for immigrant and nonimmigrant visas and admission to the US, and noncitizens on whose behalf US employers will submit new petitions to US Citizenship and Immigration Providers (“USCIS”) for extension, change or modification of nonimmigrant standing or adjustment of standing to lawful everlasting residency. Presumably, given the Biden administration’s ultimate H-1B Modernization regulation, such screenings would possible be performed by the USCIS Fraud Detection and Nationwide Safety directorate (“FDNS”) at employer and third-party worksites and on the private residences of noncitizen sponsor staff who’ve been approved to work remotely, as this regulation authorizes.

Mobility professionals ought to subsequently anticipate longer ready intervals for consular visa appointments; an elevated variety of visa candidates whose functions are positioned in “administrative processing” for enhanced safety screenings by a number of federal companies earlier than a visa could be issued; adjudications processing backlogs at USCIS; and extra frequent issuance to employer petitioners by that company of requests for proof (“RFEs”) and notices of intent to disclaim (“NOIDs”) any newly-filed immigrant and nonimmigrant visa petitions, in addition to notices of intent to revoke (“NOIRs”) beforehand authorised petitions. Furthermore, candidates for employment authorization paperwork (“EADs”) and advance parole journey authorizations might likewise be anticipated to obtain equally unwelcome USCIS notices.

This EO additionally units the stage in 60 days for a restoration of the ban on visa issuance and admission to the US below President Trump’s first time period. This “journey ban”, which primarily utilized to residents of majority-Muslim nations and different international locations deemed hostile to US pursuits, was finally upheld by the US Supreme Court docket below INA § 212(f). Any new ban, furthermore, would possible embody exemptions within the nationwide curiosity; therefore, mobility professionals needs to be ready, with the help of authorized counsel, to doc and undergo US consular officers such exemption requests at any time when yet-to-be-defined qualifying circumstances would allow.

This EO speaks particularly of the necessity to interact in excessive vetting of noncitizens who “are already in america, are vetted and screened to the utmost diploma doable.”   One might interpret this as presaging a restoration of an interview call-in course of which will resemble the Nationwide Safety Entry-Exit Registration System (NSEERS) program established within the aftermath of the September 11, 2001 terrorist assaults by the legacy company, Immigration and Naturalization Service (“INS”), and finally applied by the US Division of Homeland Safety (“DHS”). This “Particular Registration” program required sure noncitizens (nonimmigrant males who had been 16 years of age and older from 25 particular international locations) to register with immigration authorities and seem in particular person for interview and to be photographed and fingerprinted at an company subject workplace.

NSEERS was predicated on the responsibility, as a precondition to the requirement, relevant to all noncitizens, that they keep lawful immigration standing, and at all times carry with them and current upon request their “registration” paperwork, which means, the person’s I-94 admission or inexperienced card.

Thus, mobility professionals could want to take into account reminding their noncitizen populations (and members of the family who’re overseas nationals) to take care of of their possession and be ready to current to immigration and legislation enforcement officers such “registration” paperwork upon request. See INA § 264(e) [8 U.S.C. §1304(e)] which gives:

Private possession of registration or receipt card; penalties.–Each noncitizen, eighteen years of age and over, shall always carry with him and have in his private possession any certificates of noncitizen registration or noncitizen registration receipt card issued to him . . . Any noncitizen who fails to adjust to the provisions of this subsection shall be responsible of a misdemeanor and shall upon conviction for every offense be fined to not exceed $100 or be imprisoned no more than thirty days, or each.

Moreover, mobility professionals must also take into account cautioning their noncitizen populations in regards to the potential dangers of partaking in public protests or in publishing arguably controversial social media posts. It’s because the EO apparently seeks to penalize actions by noncitizens which can be perceived as infringing on the rights of U.S. residents, together with freedom of speech and faith, and “advocate[s] enhancements to immigrant assimilation packages to advertise adherence to U.S. constitutional rules and identification.” Foreseeably, nevertheless, at any time when these newly introduced instructions are fleshed out by the Trump Administration, the federal courts will undoubtedly have the ultimate say on the scope of constitutionally protected actions by noncitizens.

  1. Protecting the Meaning and Value of American Citizenship

What it says

This EO goals to finish birthright citizenship for sure youngsters born in america.  It does so regardless of the 14th Modification to the US. Structure which states:  “All individuals born or naturalized in america, and topic to the jurisdiction thereof, are residents of america and of the State whereby they reside.” By specializing in the phrase, “topic to the jurisdiction thereof,” the EO declares that US citizenship shouldn’t robotically lengthen to people born within the US if:

  1. The mom (outlined as “the fast feminine organic progenitor”) was “unlawfully current” in america, and the daddy (outlined as “the fast male organic progenitor”) was neither a US citizen nor a lawful everlasting resident on the time of the kid’s delivery, or
  2. The mom’s presence in america “was lawful however non permanent (comparable to, however not restricted to, visiting america below the auspices of the Visa Waiver Program or visiting on a scholar, work, or vacationer visa)” and the daddy was neither a US citizen nor a lawful everlasting resident on the time of the kid’s delivery.

The EO, nevertheless, doesn’t say how authorities officers would decide US citizenship if the mom is inside one of many foregoing classes however the father’s identification is unknown, e.g., in instances of rape by an unidentified assailant or the place the daddy was an nameless sperm donor. Nor does the EO describe how such a baby would in any other case receive lawful immigration standing with out departing from america.

The coverage interpretation declared on this EO is ready to take impact on February 19, 2025. It isn’t retroactive.

The EO additional directs the Secretary of State, the Legal professional Basic, the Secretary of Homeland Safety, and the Commissioner of Social Safety to take “all applicable measures to make sure that the laws and insurance policies of their respective departments and companies are in keeping with this order, and that no officers, workers, or brokers of their respective departments and companies act, or forbear from appearing, in any method inconsistent with this order.”

Publication of this EO promptly led to the submitting of a number of lawsuits difficult it in numerous federal district courts throughout the nation, e.g., in fits introduced by the American Civil Liberties Union, a coalition of several states, and a multi-party suit. On January 23, 2025, in one more go well with, US District Choose John Coughenour, on the urging of the states of Washington, Arizona, Illinois, and Oregon, issued a temporary restraining order enjoining the EO. 

Given the plethora of fits, it’s foreseeable that the assorted federal judges listening to the instances could challenge inconsistent rulings, and that the instances will probably be appealed to the circuit courts and finally to the US Supreme Court docket.

What it means for mobility

Mobility leaders ought to anticipate that youngsters born on or after February 19, 2025 whose mom is described in both of the 2 classes of disqualified lessons will nonetheless be categorized as US residents at delivery, except the Supreme Court docket guidelines in any other case. Within the meantime, the father or mother(s) of those youngsters needs to be urged to use instantly for US passports on an expedited foundation for a further price of $60. By expeditiously making use of for and receiving a US passport earlier than the federal litigation difficult this EO is finally resolved, the kid’s standing could be declared that of an American citizen.  Thus, the State Division and different federal authorities officers would bear the burden of initiating proceedings and carrying the burdens of proof and persuasion earlier than a federal court docket that the kid shouldn’t maintain US citizenship. These burdens on the federal government could show advantageous to the kid of their potential to retain American citizenship.  

As well as, mobility leaders could want to direct the noncitizens of their care to federal legal guidelines which—aside from the 14th Modification—set up a statutory foundation for US citizenship to individuals born in Hawaii or Alaska. See 8 U.S.C. § 1404, which gives that people born in Alaska on or after March 30, 1867 are US residents at delivery, and 8 U.S.C. § 1405, which states that individuals born in Hawaii on or after April 30, 1900 are US residents at delivery. These statutes, not like the 14th modification, don’t comprise the assertedly disqualifying phrase, “topic to the jurisdiction thereof.”

Govt Orders and actions not directly affecting employment-based immigration

  1. Federal Workforce EOs and Presidential Actions: Hiring FreezeReturn to In-Person Work, and Restoring Accountability to Policy-Influencing Positions within the Federal Workforce.

What these say

Hiring Freeze:
This Presidential Motion implements a brief freeze on hiring for federal authorities positions, with exceptions for nationwide safety, public security, and different vital features. The aim is to scale back authorities spending and assess staffing ranges inside federal companies. The Motion doesn’t specify whether or not continued hiring of federal workers for immigration adjudicative features comparable to visa functions, labor certifications, prevailing wage determinations, or immigration advantages requests would fall inside the specified exceptions.

Return to In-Individual Work:
This Presidential Motion mandates that federal workers return to in-person work at authorities places of work, rolling again distant work insurance policies established through the COVID-19 pandemic. The order emphasizes the significance of bodily presence to enhance collaboration, productiveness, and public service.

Restoring Accountability to Coverage-Influencing Positions inside the Federal Workforce:
This EO reforms the federal workforce by reinstating guidelines that make it simpler to self-discipline or take away federal workers in policy-making positions who’re deemed underperforming or politically biased. It seeks to make sure that people in such roles are held accountable for his or her actions and align with the Trump Administration’s targets.

What these imply for mobility

Federal directives that order a freeze on hiring and require a return to the workplace of what’s reportedly a considerable cadre of distant staff recommend that the adjudication of USCIS petitions and functions requesting immigration advantages and Division of Labor (DOL) PERM labor certifications and prevailing wage determinations could take longer and that processing backlogs might develop. For instance, in line with the Basic Accounting Workplace 38% of USCIS workers work remotely as of February 2024.

These personnel actions could likewise additionally have an effect on the State Division and delay the scheduling of consular visa interviews, notably given the anticipated slowdown in consular operations flowing from the EO “Defending america from International Terrorists and Different Nationwide Safety and Public Security Threats,” mentioned above.

Furthermore, the “Restoring Accountability” EO will possible inspire federal immigration officers in policymaking positions to proceed cautiously on asserting any expansive or welcoming adjustments till White Home positions on employment-based immigration solidify.

However the beforehand mentioned EO’s mandate for a assessment of all visa classes to establish and forestall misuse by overseas actors dangerous to US safety, financial system, politics, or tradition, there could also be motive, nevertheless, for cautious optimism.  Latest remarks of President Trump asserting a $500 billion funding in synthetic intelligence recommend that he stays supportive of employment-based immigration.

  1. Protecting the American People Against Invasion

What it says

This EO focuses on imposing US immigration legal guidelines and prioritizing nationwide safety and public security. Whereas it doesn’t expressly handle authorized, employment-based immigration, the implementation of this mandate might properly trigger hapless noncitizens to fall out of authorized standing and thus make the work of mobility professionals much more difficult. Key provisions of the EO that might conceivably affect employment-based, authorized immigration embody:

  1. Revocation of prior insurance policies: Rescinds a number of government orders from the Biden Administration associated to immigration enforcement, asylum processes, and household reunification, changing them with stricter enforcement priorities, and directs Company Leaders to take extra restrictive actions, together with however not restricted to:
    1. making certain that the parole authority is exercised on solely a case-by-case foundation and solely when a person noncitizen demonstrates pressing humanitarian causes, or a major public profit derived from their specific continued presence in america;
    1. making certain that designations of Short-term Protected Standing (TPS) are restricted in scope; and
    1. making certain that employment authorization just isn’t supplied to any unauthorized noncitizen in america.
  2. Enhanced enforcement: Directs companies to:
    1. Set priorities for immigration enforcement, together with detention, removing, and prosecution of unauthorized noncitizens.
    1. Set up Homeland Safety Process Forces (“HSTFs”) in every of the states to fight felony organizations, and “finish the scourge of human smuggling and trafficking.”
  3. Identification and penalties: Mandates figuring out unregistered noncitizens, imposing civil and felony penalties, designating the failure to current registration paperwork comparable to I-94 admission data and inexperienced playing cards as an enforcement precedence, and making certain compliance with immigration reporting necessities.
  4. Detention and removing: Requires “expedited removing” processes for noncitizens unlawfully current within the in america, apparently together with any noncitizen unable to current proof of lawful presence, i.e., their registration paperwork, who’re encountered inside a “affordable distance” from the US border, interpreted US Customs and Border Safety (“CBP”) as 100 air miles of the US border below 8 C.F.R. § 287.1. Noncitizens encountered by CBP who’ve been granted humanitarian parole within the final two years,1 comparable to residents of Ukraine, Cuba, Haiti, Nicaragua, and Venezuela could also be notably liable to having their parole terminated and being categorized by DHS for expedited removing below INA § 235(b)(1)(A)(iii)(II) within the train of “enforcement discretion,” as introduced in a January 23, 2025 memorandum from Appearing Secretary of Homeland Safety Benjamine C. Huffman to all DHS immigration company heads (Huffman Memo”).
  5. Ban on visas for “Recalcitrant Nations” refusing to just accept the return of their residents. Requires efficient implementation of the sanctions supplied by INA § 243(d), 8 U.S.C. § 1253(d), to make sure that diplomatic efforts and negotiations with overseas states embody the overseas states’ acceptance of their nationals who’re topic to removing from america.

The overarching objective is to determine stricter immigration enforcement insurance policies, scale back unlawful immigration, and prioritize the safety and well-being of US residents.

What it means for mobility

The brand new constraints and enforcement measures mandated by this EO will possible make the human assets operate for company employers more difficult.

By requiring that humanitarian parole be granted solely on a case-by-case foundation, limiting TPS designations, and declaring that employment authorization paperwork (“EADs”) shall not be issued to unauthorized noncitizens, the EO will possible limit what has been a promising recruitment path for employers below the Biden Administration. 

The EO’s name for the creation of HSTFs in every of the states to fight human trafficking could pose enforcement exposures and result in elevated investigations of employers in sure industries, e.g., meatpacking, agriculture, and manufacturing.

The EO’s proposed growth of expedited removing, apparently inside 100 air miles of the US border, and its deal with enforcement of the requirement that noncitizens carry proof of registration, i.e., I-94 admission data and inexperienced playing cards, portend the chance that some unlucky noncitizen workers or their fast members of the family who fail to hold and proffer proof of registration could also be denied the chance to contest their removing earlier than an immigration choose, and as an alternative be despatched overseas rapidly by CBP. Furthermore, the Huffman Memo’s instruction that DHS immigration officers take into account terminating humanitarian parole and exercising enforcement discretion to invoke expedited removing authority might result in the lack of present noncitizen workers who possess EADs and could also be encountered by DHS.

The EO’s mandate to extra vigorously implement the “recalcitrant-countries” visa ban is particularly ominous in mild of the current enactment of the Laken Riley Act, which would offer expedited scheduling and authorized standing in federal court docket to any state legal professional common, or different approved state officer, alleging a violation by the Secretary of State of the INA § 243(d) requirement to discontinue granting visas to residents of such international locations. Based on a July 11, 2024 letter despatched by 17 members of the Home of Representatives, China “is certainly one of 13 international locations [including reportedly Israel and India, among others] thought-about uncooperative or ‘recalcitrant,’ systematically refusing or needlessly delaying the repatriation of their residents.”  Given the excessive focus of nonimmigrant staff employed by US-based corporations who hail from these international locations, any wholesale ban on US visa issuance would possible disrupt enterprise operations.

As could be seen, President Trump’s “day-one” mandate guarantees to comprehensively overhaul US immigration packages. Whereas awaiting the end result of the foreseeable litigation difficult his directives, mobility leaders ought to seek the advice of with their immigration counsel and start to evaluate the affect on enterprise operations and continuity. The affected noncitizen inhabitants of staff and households of their organizations will profit from assurances that the corporate will preserve them knowledgeable, advise them on precautions, and converse up or litigate of their assist or protection if crucial.


 

  1. The variety of humanitarian parolees allowed entry to the US is substantial, as USCIS has reported:
     
    In FY 2023, USCIS supported the Biden-Harris Administration’s efforts to determine lawful pathways that enable for the secure and orderly processing of people into america by way of the implementation of latest processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV); and by sustaining assist for the Uniting for Ukraine (U4U) course of. As of the top of FY 2023, greater than 150,000 Ukrainian nationals and their fast members of the family had entered america below the U4U course of and practically 238,000 people had entered by way of the CHNV course of.
     
    Supply: https://www.uscis.gov/websites/default/recordsdata/doc/reviews/fy2023_annual_statistical_report.pdf ↩︎ “