Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has been on border security, asylum, refugees, removal of undocumented aliens (deportation) and birthright citizenship. However, there are other aspects covered by the EOs that will have far more impact on U.S. employers and could potentially impact business operations. While we anticipate court challenges to some or all of the EOs, we anticipate that many of the EOs will withstand litigation and will be implemented substantially.
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President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers
Jackson Lewis | Jan 2025
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Employers can also expect increased immigration-related enforcement activities from other federal agencies and divisions, including audits in the areas of I‑9 compliance, E‑Verify, and H‑1B and L‑1 visa programs.
Changes to Immigration Enforcement Policies Impact Employers
Vorys | Feb 2025
Regarding employment-based immigration, there have been recent news stories of a significant debate inside the Trump administration concerning the policies connected with H-1B work visas in particular. The H-1B visa program permits U.S. companies to employ foreign workers in specialized, “highly-skilled” occupations which require at least a bachelors’ degree as a minimum job requirement…It appears, for now, that President Trump, who had sought to restrict the H-1B program during his first term, has sided with Musk, stating he has "always been in favor of the program." Therefore, the current thought is work-related employer-sponsored visas (e.g., H1-B, TN, L, and Green card (EB-2 and EB-3) visas) will continue to be supported, but with possible higher scrutiny for some job positions.
Trump’s Immigration Crackdown: Key Policies & Impact on Businesses
Woods Rogers | Feb 2025
In a day-one executive order titled “Protecting the American People Against Invasion,” President Trump has ordered his administration to review Temporary Protected Status (TPS) designations and ensure they are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of the Immigration and Nationality Act. While the net impact is unclear, if the past is prologue, any TPS terminations will not immediately take effect and likely will be challenged in court. Data from the Pew Research Center reported that nearly 1.2 million noncitizen immigrants living in the United States were either receiving or eligible for TPS in March 2024, and these numbers have likely increased with the new designation of Lebanon in November 2024.
Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) Under the Trump Administration 2.0
Faegre | Jan 2025
President Trump has instructed the federal government to prioritize prosecution of criminal offenses concerning the unauthorized entry or presence of foreign nationals in the United States. The order references the expansion of additional detention facilities; requiring undocumented individuals to register their presence; and creating a federal Homeland Security Task Force in states to coordinate enforcement priorities.
The order also commits to ensuring the assessment and collection of fines and penalties from foreign nationals unlawfully present in the United States and from “those who facilitate such aliens’ presence in the United States.” It is possible that this order may be relied upon to fine and penalize employers who with or without knowledge employ unlawfully present individuals.
Additionally, this order requires the U.S. Department of Homeland Security to restrict sanctuary cities’ access to federal funds, and to evaluate criminal or civil penalties for sanctuary city jurisdictions.
President Trump’s Initial Immigration Actions and Potential Impacts on Employers
Snell & Wilmer | Jan 2025
Realigning the United States Refugee Admissions Program
This executive order, among other actions, suspends the US Refugee Assistance Program (USRAP) on January 27, 2025, and halts the admission of refugees until further notice. Individuals admitted in refugee status have been granted work authorization. Some businesses, particularly in industries such as food processing, logistics, and agriculture, that rely on refugees to fill vacancies may face challenges in doing so going forward.
Trump-Vance Administration Issues Executive Orders on Immigration: Implications for Employers
Morgan Lewis | Jan 2025
As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans” EO which particularly affects business immigration. This EO formed the basis of policy guidance that, for example, streamlined the naturalization process, led to a reduction in the number of visa denials and Requests for Evidence (RFEs) that had been issued during the first Trump Administration, and reinstated the USCIS policy of deferring to prior approvals. Immigration advocates have been predicting the loss of these benefits under the new Trump Administration. Employers should expect a return to the days of costly RFEs and slower adjudications.
Rescinded Biden Immigration Executive Orders: What Employers Need to Know
Jackson Lewis | Jan 2025
On January 22, 2025, the Laken Riley Act (S.5) was passed by the House and was sent to President Donald Trump to be signed into law. The Act contains three controversial immigration provisions. The first requires the detention of foreign nationals accused of certain crimes. The second provision grants state officials standing to bring lawsuits against the Secretary of Homeland Security for injunctive relief if the Department of Homeland Security (DHS) fails to detain and remove from the United States individuals who are subject to expedited removal. The third provision grants state officials standing to bring lawsuits against the Secretary of Homeland Security for injunctive relief if the DHS authorizes humanitarian parole to a group of foreign nationals as a class and, in so doing, causes harm to the state or its residents.
Congress Passes Laken Riley Act With Controversial Immigration Provisions
Phillips Lytle | Jan 2025
Legal Challenges
On February 5, 2025, a federal judge in Maryland issued a nationwide preliminary injunction that halts President Donald Trump’s executive order aimed at terminating birthright citizenship for children born in the United States to undocumented and temporary immigrants.
Federal Judge Blocks President Trump’s Executive Order on Birthright Citizenship
Ogletree | Feb 2025
The Trump administration was sued Monday for its effort to end asylum protections at the border with a Day 1 executive order.
The suit, brought by the American Civil Liberties Union on behalf of nonprofits that provide legal services to asylum-seekers, argues the move contradicts U.S. law allowing migrants to seek protection from persecution and danger.
Trump sued over executive order ending asylum
The Hill | Feb 2025
On Thursday, January 23, 2025, a federal judge in Seattle, Washington blocked enforcement of President Donald Trump’s recent executive order limiting birthright citizenship after four states (Washington, Illinois, Arizona, and Oregon) sought a temporary restraining order (TRO).
Federal Judge Halts Trump’s Birthright Citizenship Order
Ogletree | Jan 2025
Immigrants’ Rights Advocates Sue Trump Administration Over Birthright Citizenship Executive Order
ACLU | Jan 2025
Related Reading
What Trump’s mass deportation plan would mean for immigrant workers and the economy
CNBC | Nov 2024
Potential Immigration Policies in a Second Trump Administration
Greenberg Traurig | Nov 2024
Related SHRM Express Request
Preparing for Immigration Raids
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