Trump Administration Issues New Executive Orders Overhauling Immigration Policies

As expected, the return of the Trump Administration has resulted in several developments that impact immigration, including employment-based,  family-based, and humanitarian. January 21^st saw publication of a set of executive orders (EOs) which represent a major shift in U.S. immigration policy, signaling a return to stricter enforcement and limiting immigration benefits. These orders rescind several policies from the Biden administration, enforce more stringent immigration procedures, and significantly reshape how the U.S. will handle the status of foreign nationals.

Below is a breakdown of the EOs issued by the Trump Administration:

1. Rescissions of Biden-Era EOs: Several EOs from the Biden administration were rescinded, including those addressing immigration enforcement priorities, refugee resettlement, and family reunification. These rescissions pave the way for stricter immigration policies, including the expansion of expedited removals and reintroduction of the public charge rule.
2. Stricter Citizenship Rules for U.S.-Born Children: Aimed at restricting birthright citizenship by limiting it to children born to U.S. citizens or lawful permanent residents, this EO could impact children of undocumented parents and those on temporary visas. Legal challenges have already been filed.
3. Immigration Enforcement: Focuses on maximum enforcement, expanding detention capacity, and the use of expedited removal. It also targets sanctuary cities and proposes penalties for individuals facilitating unlawful presence. The creation of Homeland Security Task Forces and increased local law enforcement involvement are included.
4. Border Security: Emphasizes strict border control measures, including the reinstatement of the Migrant Protection Protocols (Remain in Mexico), ending humanitarian parole programs, and terminating catch-and-release practices. This order also seeks to increase the military’s involvement in border enforcement.
5. National Emergency at the Border: Declares a national emergency to justify the use of military resources in enforcing immigration laws, including surveillance and border barrier construction.
6. Terrorism and National Security: Calls for designating certain foreign cartels as terrorist organizations and enhancing vetting procedures for foreign nationals, including stricter scrutiny for refugees and immigrants.
7. Refugee Admissions: Suspends the U.S. refugee program, giving states a role in refugee resettlement and requiring more stringent vetting procedures.
8. Gender Ideology: Implements a policy to recognize only two sexes (male and female) for federal purposes, which could affect immigration procedures, including documentation and asylum applications for transgender individuals.
9. Trade Policy: Directs a review of trade agreements, particularly the USMCA, which could affect nonimmigrant visa categories like TN and H-1B, potentially imposing stricter criteria for workers in specific job sectors.
10. "America First" Trade Policy: Aims to promote U.S. economic interests, potentially resulting in tighter scrutiny of immigration-related policies, including visa issuance for foreign workers.
11. Foreign Policy: Focuses on "America First" foreign policy, which could mirror previous policies like the "Buy American, Hire American" initiative, restricting foreign worker visas and creating barriers for U.S. businesses seeking to hire skilled foreign professionals.

As noted above, legal challenges have already been or are in the process of being made against these policies. If implemented, these EOs signal a return to stricter enforcement of immigration law seen during Trump’s first administration and a more restrictive system in general. The broader implications of these EOs include increased discriminatory practices against non-citizens, regardless of lawful presence.

While we cannot predict the viability or impact of these EOs, or what EOs will come in the future, we continue to support our clients by providing the guidance they need during their immigration process, so that they may pursue their personal and professional dreams in the US.

We will continue to provide regular updates on these issues.