Trump’s Executive Orders on Immigration: What Employers Need to Know

Donald Trump

On January 20, 2025, President Donald Trump signed a series of executive orders aimed at reshaping U.S. immigration policy. These orders signal a significant shift in the immigration landscape, introducing measures that employers, immigrants, and stakeholders must carefully consider. Below, we explore these executive actions and their potential implications for employers and the broader workforce.

Ending Birthright Citizenship

One of the most controversial orders signed by President Trump seeks to end birthright citizenship for children born in the United States to non-U.S. citizen parents. Under this policy, children born to mothers who are in the country illegally or on non-immigrant visas—and whose fathers are not U.S. citizens or green card holders—will no longer be granted U.S. citizenship. This change, effective 30 days after the order’s signing, raises numerous legal and logistical questions, particularly since the U.S. Supreme Court has historically upheld birthright citizenship under the 14th Amendment.

Court challenges to this order are inevitable, with several states already filing lawsuits. In the meantime, employers with non-immigrant workers who are expecting children should closely examine their employees' visa status and prepare for potential implications. These children’s legal status upon birth remains unclear, adding another layer of complexity for families and employers alike.

Enhanced Vetting and Travel Bans

President Trump has also issued an order aimed at intensifying vetting processes for migrants and travelers from certain “countries of particular concern.” While the specific countries targeted have yet to be announced, this order echoes the travel bans implemented during Trump’s first administration, which restricted entry from nations such as Iran, Libya, and Yemen.

Employers with international staff, especially those from previously targeted countries, should anticipate potential disruptions to travel and work authorization processes. Employees currently abroad are advised to return to the U.S. promptly if they anticipate any risk of being affected by future bans. Vigilance and proactive planning will be essential to mitigate the impact on business operations.

Homeland Security Task Forces

A new executive order establishes federal homeland security task forces designed to enhance collaboration between federal, state, and local law enforcement agencies. These task forces will focus on removing undocumented individuals, gang members, and criminals.

For employers, this increases the likelihood of Immigration and Customs Enforcement (ICE) audits and enforcement actions. Companies that employ large numbers of individuals on temporary work authorization should develop robust compliance strategies, including staff training and action plans for potential ICE raids. Legal counsel specializing in immigration compliance can help employers navigate these challenges effectively.

Reinstating the “Remain in Mexico” Policy and Ending “Catch and Release”

The “Remain in Mexico” policy—originally implemented during Trump’s first term—requires asylum seekers to wait in Mexico while their cases are processed. Additionally, President Trump has ended the practice of “catch and release,” which allowed detained individuals to live in the community while awaiting court proceedings.

These measures may create new uncertainties for asylum seekers, including those already in the U.S. with pending applications. Employers relying on talent from this population should stay informed about changes to work authorization policies and consider alternative workforce planning strategies to address potential disruptions.

Suspending Refugee Resettlement

President Trump’s suspension of the Refugee Resettlement Program for an initial 90 days marks another significant shift. This suspension has already affected individuals, such as Afghan nationals cleared for resettlement in the U.S., many of whom have ties to active-duty military personnel.

Employers engaged in hiring or supporting refugees should prepare for delays and policy shifts, as future resettlement will depend on regular reviews by the Department of Homeland Security and the State Department.

Clarifying the Military’s Role and Declaring a Border Emergency

A national emergency has been declared at the southern border, enabling the deployment of military resources to enhance border security. This includes construction of barriers and increased enforcement against narcotics trafficking, human smuggling, and unlawful migration. These measures underscore the administration’s intensified focus on border control.

Employers should remain aware of how heightened border security might affect supply chains, workforce mobility, and access to talent.

Designating Cartels as Foreign Terrorist Organizations

The administration has designated certain drug cartels and criminal organizations as foreign terrorist organizations. This allows for more aggressive enforcement actions, including expedited removal of individuals associated with these groups.

Employers hiring workers from regions affected by cartel violence may see additional scrutiny during the vetting process, making it essential to ensure compliance with all hiring and verification requirements.

Eliminating the CBP One App

President Trump has discontinued the CBP One App, which facilitated border crossings for individuals granted humanitarian parole under the Biden administration. This decision affects those seeking asylum and work authorization through this system, raising questions about the renewal of parole and work permits for individuals already in the U.S. under these provisions.

Employers employing such individuals should monitor developments and consult legal counsel to address potential gaps in work authorization.

Denying Asylum to Border Crossers

Another executive order revokes asylum eligibility for individuals apprehended while crossing the border outside designated ports of entry. These individuals will face immediate removal without the opportunity to apply for asylum, a significant departure from previous policies.

Employers hiring asylum seekers or individuals in temporary protective statuses should evaluate the potential impact of this change on their workforce and plan accordingly.

Conclusion

President Trump’s executive orders mark a sweeping overhaul of U.S. immigration policies with far-reaching implications for employers. From compliance challenges to workforce planning, these changes require vigilance, adaptability, and proactive measures. Employers are strongly encouraged to consult with immigration professionals to stay informed, mitigate risks, and navigate the evolving immigration landscape effectively. As the legal and policy battles unfold, maintaining compliance and supporting affected employees will be critical to sustaining business continuity and growth.

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