President Donald Trump issued Executive Orders on January 20, 2025, aiming to reshape immigration policies that impact foreign nationals who intend to be admitted or are already inside the United States.
Here is a summary of the nine Executive Orders related to immigration policy and our brief commentary on each:
This executive order restricts birthright citizenship, focusing on one phrase of the Fourteenth Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…” The Order asserts that if a mother is unlawfully present or temporarily present in the country (which could include lawful temporary classifications such as H-1B, F-1, and L-1) U.S. citizenship is not automatically granted to children born in the U.S., unless the father is a U.S. citizen or lawful permanent resident at the time of birth. This policy becomes effective February 19th, 2025, and already faces multiple lawsuits which may end up before the Supreme Court. Notably, this would impose a considerable practical burden on federal agencies and others who heretofore have verified citizenship for U.S.-born individuals with a birth certificate only.
This Order revokes four Executive Orders issued in the first month of the Biden Administration which are viewed as contributing to the influx of migrants into the U.S. Aimed at swift removal of unauthorized and criminal aliens, the Order directs the establishment of Homeland Security Task Forces in every state to combat criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, and dismantle cross-border human smuggling and trafficking networks. The Order criminalizes undocumented presence in the U.S., and prioritizes the prosecution of immigration violations and expedited deportation processes. It instructs the Secretary of Homeland Security to allocate all available resources to construct, operate, control, or use facilities to detain removable aliens. Further, the Order encourages voluntary self-deportation, as well as state and local law enforcement collaboration with Homeland Security. It limits humanitarian parole to “urgent humanitarian reasons or a significant public benefit” and bars unauthorized aliens from employment. The Order also aims to limit “sanctuary” jurisdictions from receiving public funds, and significantly increase immigration officers, without providing additional funding to do so. It restricts public benefits for illegal aliens and reestablishes the office of victims of immigrant crimes (VOICE). Lastly, the Order intends to strengthen diplomatic efforts for repatriating unauthorized aliens, including sanctions on uncooperative countries.
Although not aimed towards legal immigration, including individuals in valid status who may have inadvertently fallen out of status or violated his/her status, this EO may potentially apply to these individuals as well. We advise that foreign nationals and their employers exercise caution if any lapse in status or violation of status has occurred to address this as soon as possible.
This executive order aimed to reverse policies from the previous administration that the President considers detrimental to the nation’s prosperity and security. The order highlights concern about “diversity, equity, and inclusion” (DEI) initiatives, border security, and climate extremism including the reunification of families separated under the President’s administration, refugee resettlement, and cooperation with other governments on migration management, which argues have undermined federal institutions and burdened the economy.
Foreign nationals and employers may wish to exercise caution in reliance on any prior decisions and policies established during the Biden administration for immigration among other policies.
The stated purpose of this Executive Order is to protect the U.S. from “aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.” The Order paves the way for a potentially more resilient (and lawsuit-resistant) Muslim Ban 2.0 by “identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries.” The order further attempts to return immigration standards to its status prior to the Biden administration by “re-establish(ing) a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021.” It also orders a re-evaluation of “all visa programs,” and a review of the Foreign Service Manual to ensure safety and security. The Order also requires enhancement of identity verification for refugees, and “proper assimilation of lawful immigrants into the United States.”
This EO may lead to additional scrutiny on security protocols and clearance procedures for visa issuance and processing of immigrant and non-immigrant visas.
The Order aims to secure the U.S. southern border and combat illegal immigration by building a wall or other barriers, detaining aliens on suspicion of violating the law until deportation, and deploying Homeland Security personnel to enforce immigration laws. It terminates “catch-and-release” of aliens in favor of detainment and prompt removal. It terminates parole programs that the Trump administration views as contrary to their policies, including “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.” The Order eliminates the CBP One app used to facilitate entry and parole by aliens, it prioritizes “prosecution of offenses that relate to the borders of the United States,” and requires DNA collection from detained noncitizens, excluding lawful permanent residents.
This EO will likely lead to fewer asylum applicants and temporary protections offered to foreign nationals within U.S. borders, and increase rejection of any individuals seeking entry to the U.S. without a proper visa.
This executive order outlines a comprehensive trade and economic strategy focused on prioritizing U.S. national security, economic growth, and the interests of American workers and businesses. It addresses concerns over persistent trade deficits, unfair trade practices, and national security risks from reliance on imports. The executive order is a directive for coordinated actions to align trade policy with U.S. economic and security interests. This executive order also impacts to the United States-Mexico-Canada Agreement (USMCA) for the non-immigrant visa of Canadians and Mexicans.
This EO may affect the TN visas currently available to citizens of Mexico and Canada, and revamp the free flow of trade and services between the U.S., Mexico, and Canada. This may not occur until next year upon the administration assessment of the USMCA agreement.
Ordering the U.S. Armed Forces to “to assist the Department of Homeland Security in obtaining full operational control of the southern border,” this Order declares a national emergency at the southern border. The intent is to “ensure that the illegal entry of aliens into the United States via the southern border be immediately and entirely stopped.” It appears to be in opposition to a longstanding policy against deploying the military internally, and will likely be challenged by lawsuits. The Order also directs the Armed Forces to participate in building a border wall and other barriers, and requests federal agencies to remove the bar against using drones within five miles of the southern border, and suggests further actions may be taken, including invoking the Insurrection Act of 1807 to secure the border. Reflecting the hasty nature of issuing dozens of Executive Orders in the first hours of taking office, this Order was not reviewed or edited well, as the Order’s second sentence puzzlingly protests about “…illicit narcotics that harm Americans, including America.”
Arguing that the U.S. southern border is facing an ongoing invasion that poses significant risks to public safety, health, and national security, this Executive Order suspends the entry of aliens engaged in this “invasion.” It also restricts their ability to invoke provisions in the Immigration and Nationality Act (INA) allowing continued presence in the U.S. Presumably, the President is referring to only unauthorized aliens, but the language used is “any alien engaged in the invasion across the southern border of the United States,” which could possibly be interpreted more broadly by immigration enforcement officers. To justify this action, the President argues that “Federal officials do not have the ability to verify with certainty the criminal record or national-security risks associated with the illegal entry of every alien at the southern border, as required by the INA.” He also brings up the presence of transnational cartels and criminal organizations, and that “innumerable aliens potentially carrying communicable diseases of public health significance illegally cross the southern border and enter communities across the United States.”
This Order suspends entry by refugees to the U.S. under the U.S. Refugee Admissions Program, which aids refugees as defined under the INA. The President argues that “the United States has been inundated with record levels of migration,” specifically mentioning Springfield, OH, and Charleroi, PA, both havens for Haitian immigrants. The Order suspends the program “until such time as the further entry into the United States of refugees aligns with the interests of the United States.” The only exceptions are on a case-by-case basis, subject to the discretion of the Secretary of State and Secretary of Homeland Security “so long as they determine that the entry of such aliens as refugees is in the national interest and does not pose a threat to the security or welfare of the United States.” Effective January 27, 2025, this Order is subject to review every 90 days and may be revoked if entry of refugees would be in the interests of the United States.
This EO targets the most vulnerable populations worldwide seeking protections from persecution and we may see additional changes and potential elimination and suspension of the U.S. Refugee Admissions Program for an extended period.