Executive Orders intended to increase enforcement and deportation, and restrict global mobility into the U.S.

Potential new regulations impacting employment-based visas and workers:

• H-1B wage rule
• Elimination of H-4 EAD work permits

Increase in Requests for Evidence (RFE), Denials

Required biometrics for dependent spouses and children

Mandatory Adjustment of Status (AOS) interviews

Rescission of TPS, DACA, other humanitarian programs

On January 23, 2025, Judge John C. Coughenour of the U.S. District Court Western District of Washington at Seattle issued a nationwide 14-day temporary restraining order against President Trump’s January 20^th “Protecting the Meaning and Value of American Citizenship” Executive Order. The EO limited birth right citizenship in the U.S. under certain circumstances. Judge described the EO as “blatantly unconstitutional.”

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.

On January 28, 2025, the Trump administration vacated an 18-month extension of the 2021 Temporary Protected Status (TPS) designation for Venezuela that affects approximately 600,000 beneficiaries (originally extended through October 2, 2026, by the Biden administration).

TPS designation of a country by the Secretary of Homeland Security can provide beneficiaries protection from removal and a basis for employment and travel authorization. The Secretary can designate a country for TPS due to conditions in the country that may prevent their nationals from returning safely, such as environmental disaster, armed conflict, or an epidemic. There are currently 17 countries designated for TPS, including Afghanistan, Haiti, Nepal, South Sudan, and Ukraine.

For existing Venezuelan beneficiaries of the 2021 designation, TPS will expire on September 10, 2025. TPS will expire on April 2, 2025, for new applicants under the 2023 designation.

It is unclear whether any legal challenges are forthcoming. Federal courts blocked President Trump’s attempts to end TPS designations for several countries during his first administration.

The previous Trump administration attempted to terminate TPS for individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

We will likely see continued attempts to terminate TPS.

Currently, persons with TPS hail from the following countries: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen.

NOT a pathway to lawful permanent residence (green card) or citizenship

Apply for work authorization and temporary protection from deportation (requiring regular renewals)

Individuals who were:

Physically in the US on June 15, 2012

Entered the country as children at least 5 years earlier

Passed background check

Created by Executive Order in June 2012 for “Dreamers”

Subject to extensive litigation for years – states sued U.S. government, arguing that program is unlawful and exceeds executive branch’s authority

During first Trump administration, attempted to rescind DACA; however, on June 18, 2020, Supreme Court issued 5-4 decision finding that Trump administration’s attempt to terminate DACA was 1) judicially reviewable and 2) done in an arbitrary and capricious manner, in violation of APA (but still allowed room for administration to rescind in a “correct” manner)

On January 17, 2025, Fifth Circuit ruled against the DACA program in continuing litigation, but allowed renewals to continue (no new applicants)

Likely to head to Supreme Court again in 2025

What is a Worksite Enforcement Action? Immigration and Customs Enforcement (ICE) agents may arrive at a worksite without prior notice as part of an investigation.

Identification of ICE Agents: ICE agents are not police officers, but their uniforms may display “Police” or “Federal Agent.” They may be armed. Occasionally, local police officers may accompany ICE agents during these actions.

If ICE Seeks to Detain a Specific Worker: ICE agents may visit your business to locate a specific individual or individuals. During their visit, they may attempt to question, detain, or arrest other individuals present.

Create a response plan.

1

Designate “crisis managers.” These individuals will be responsible for coordinating the response to a search warrant.

2

The designated crisis managers will have the name and phone numbers of the company’s counsel and key business partners . They should contact them immediately should a search warrant be presented at the facility.

3

An agent will serve the search warrant on a receptionist or company representative and alert other agents to enter.

Your company can accept the warrant but not consent to the search. If you do not consent to the search, the search will proceed anyway, but you can later challenge it if there are grounds to do so. (Employees could respond with, “I can’t give you permission to enter. You must speak with my employer.”)

HSI may demand that equipment be shut down and that no one leave the premises without permission.

HSI may move employees into a contained area for questioning.

Public areas of your business, such as dining areas, parking lots, lobbies, or waiting areas, can be accessed by anyone, including ICE agents, without permission.

Being in a public area does not grant ICE the authority to stop, question, or arrest individuals indiscriminately.

Private areas of your business cannot be entered without your permission or a judicial warrant. Mark private areas with “Private” signs, keep doors closed or locked, and enforce a policy that visitors and the public cannot enter these areas without permission.

ICE agents can only enter private areas with a judicial warrant.

A judicial warrant must be signed by a judge and indicate “U.S. District Court” or a State Court at the top.

Without a judicial warrant, ICE agents need your permission to enter private areas of your business.

If ICE agents attempt to enter a private area, state: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”

If ICE agents claim to have a judicial warrant, request a copy and review it.

An administrative warrant does not permit ICE agents to enter private areas without your permission. Administrative warrants are issued by the Department of Homeland Security. (look for a DHS seal, label, and/or the actual form number, i.e., DHS Form I-200, “Warrant for Arrest”; or Form I-205, “Warrant of Removal/Deportation.”) You may (a) refuse to comply with the warrant and (b) ask the agents to leave.

Remain calm and instruct your workers to do the same. Avoid running to exits, as this may lead ICE agents to suspect immigration law violations.

If presented with an administrative warrant naming an employee:

• You are not obligated to disclose whether the employee is present.
• You are not required to lead ICE agents to the named employee.

Do not assist ICE agents in sorting individuals by immigration status or nationality.

Observe the agents to ensure they comply with the warrant’s terms.

If possible, record or video the actions of ICE agents to document any potential rights violations.

1

On January 29, 2025, President Trump issued an executive order (EO) entitled “Additional Measures to Combat Anti-Semitism” that requires the use of all available and appropriate legal tools to address harassment and violence against Jewish college students

2

In response to the October 7, 2023, Hamas attacks and anti-Semitism at U.S. colleges and universities, the EO reaffirms the United States’ policy to combat anti-Semitism.

3

Under U.S. immigration law, noncitizens who endorse or support terrorist activity or organizations can be deemed inadmissible. The Department of State designated Hamas as a foreign terrorist organization in 1997.

4

The EO requires executive department heads to submit reports within 60 days that include information about pending administrative complaints and court cases against universities alleging civil rights violations that relate to anti-Semitic activities on campus. Executive department heads are also required to report on potential civil and criminal actions that can be used to combat anti-Semitism at U.S. universities within 60 days.

5

International students and foreign national employees at universities who participate or participated in activities involved in civil rights claims could have these activities considered grounds for inadmissibility under U.S. immigration law. This could adversely impact their ability to enter the U.S. or secure future immigration benefits.

Always check CBP website after entering the US and pull I-94 record

INA requires that all FNs 18 and older carry documentation of immigration status at all times (this includes LPRs)

Ensure home address is up to date – AR-11 obligation (also for LPRs)

Be reminded that US government has discretion to request social media account information and authority to search electronic devices at the border.

• Basic searches can be conducted with or without suspicion of criminal activity.
• Practice social media and cybersecurity hygiene.

On January 20, 2025, President Trump signed an executive order requiring the review and revisiting of United States Mexico Canada Agreement (USMCA), and other existing United States trade agreements in consultation with other executive departments and agencies.

Tariffs

Review of Foreign Trade Agreements

Establishment of “External Revenue Services”

Review of trade policies specific to China”

Calls on U.S. trade representatives in consultation of other relevant executive departments and agencies to assess USMCA and its impact on American workers, farmers, ranchers, and businesses, and to make recommendations regarding the country’s participation in the agreement

On January 20, 2025, President Trump signed an executive order ensuring “enhanced vetting and screening across agencies.”

Implementation of extreme vetting and screening protocols as established during prior Trump administration.

Requires agencies to identify countries throughout the world for which vetting and screening is deficient “as to warrant a partial or full suspension on the admission of nationals from those countries” and “identify how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021 and any other information…relevant to the actions or activities of those such nationals since their admission or entry.”

Allow the Secretary of Homeland Security to remove exclude/remove those individuals if information identified would support unless an ongoing investigation or prosecution would be inhibited.

Evaluation Visa programs to ensure they are not used to harm the security, economic, political, cultural, or other national interests of the U.S.

Evaluation of program to ensure proper assimilation of lawful immigrants into the U.S.

Administrative Processing?