On January 20, 2025, President Donald Trump issued several executive orders that were designed to help implement his administration’s vision for the United States and our immigration system. This client alert will provide some detail on the various executive orders and their potential impact.
Executive Order on Initial Rescissions of Harmful Executive Orders and Action – This executive order (EO) eliminated several orders of President Biden that changed the immigration priorities established during the first Trump administration and established the Biden Administration’s own priorities. The orders that were rescinded included orders on enforcement priorities, managing migration with other countries, and refugee resettlement, among others. The rescission of the orders should allow the Trump administration to prioritize expedited removal and other policies that align with their overall immigration policy goals.
Executive Order Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats – This EO states the administration will review and identify nations with deficient vetting procedures that could subject them to a complete and partial travel ban. Enhanced vetting will also be used to scrutinize visa applicants and those in the United States already in lawful status. It is possible this could lead to delays for individuals who are applying for visas abroad when trying to enter the United States.
Executive Order Protecting the Meaning and Value of American Citizenship – This executive order would eliminate “birthright citizenship” which bestows U.S. citizenship to most people that are born in the United States. The EO states that citizenship will only be conferred to children born in the United States whose mother or father is a lawful permanent resident or U.S. citizen. The order was set to take effect and apply to children born on or after February 20, 2025. The order was immediately challenged in court by numerous states and localities, and a Federal judge has already issued a temporary restraining order against the EO. It is possible a further injunction will be issued in a few weeks and it is widely believed this EO will end up in front of the U.S. Supreme Court.
Executive Order America First Trade Policy – This EO directs the review of all existing trade agreements and their impact on the United States, including the USMCA (United States Mexico Canada Agreement that was signed by President Trump). The reviews could potentially implicate some visa programs like the TN visa program and lead to changes in the programs that could impact employers and employees.
Executive Order Protecting the American People Against Invasion – This EO rescinds Biden administration enforcement priorities and directs the Department of Homeland Security (DHS) to establish new enforcement priorities. The EO states that the new priorities should include illegal entry, unlawful presence and individuals with final orders of removal. Expedited removal will be expanded and used more vigorously. The EO has many provisions, including denying “sanctuary jurisdictions” access to federal money and orders a review of all federal funding agreements with non-governmental organizations to make sure that none are facilitating the violation of immigration law.
Executive Order Declaring a National Emergency at the Southern Border – This EO declared a national emergency at the southern border of the United States and calls for the use of military personnel to help secure the border and enforce immigration laws. Department of Defense (DOD) resources will be used for border barrier or wall construction, apprehensions, detentions and other priorities.
Executive Order Securing Our Borders – This EO brought back the “Remain in Mexico” program which requires individuals to wait in Mexico for their immigration hearings. The EO also eliminated the CBP One application which allowed individuals to submit information to CBP when attempting to enter the United States and schedule asylum appointments. It terminated certain humanitarian parole programs for individuals from Cuba, Haiti, Nicaragua and Venezuela, and eliminated “catch and release,” which released people who were caught at the border into the United States while they waited for court hearings.
Executive Order Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists – This EO creates a process to designate cartels as Foreign Terrorist Organizations and Specially Designated Global Terrorists.
Executive Order Guaranteeing the States Protection Against Invasion – This EO declares that there is an ongoing invasion of migrants at the southern border and therefore it suspends some border entries, including for asylum seekers.
Executive Order Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States – This EO orders the DOD to deliver a plan for protecting the borders and maintaining United States sovereignty and security including stopping unlawful mass migration, narcotics and human trafficking, and other criminal activities.
Executive Order Realigning the United States Refugee Admissions Program – This EO suspends the United States refugee admissions program indefinitely. The Department of State and the DHS may still admit refugees on a case-by-case basis. Within 90 days, the two departments must offer recommendations on whether the program will continue. Under the EO, states and localities will be given a role in determining whether refugees may be placed in their jurisdictions.
It is believed that many of these EOs will face legal challenges, and some already have. We will continue to monitor these EOs and others and provide updates or information as appropriate.
For more information on this topic, or to learn how Godfrey & Kahn can help, contact a member of our Labor, Employment and Immigration practice.