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Trump Day 1 Executive Orders

January 23, 2025

On his first day in office, President Donald Trump signed several executive orders that had significant implications for employers and foreign national employees. For anyone navigating the complexities of immigration in the U.S., it’s important to understand what these orders mean and how they may affect you or your company.

  1. Executive Order Protecting the Meaning and Value of American Citizenship 

This executive order aims to curtail the fundamental constitutional right of individuals born on U.S. soil to automatic U.S. citizenship. Under this proposed policy, only children born in the United States to parents who are either U.S. citizens or lawful permanent residents (LPRs) would be granted citizenship. This would strip away the right to citizenship for children born to undocumented parents as well as those born to parents in lawful nonimmigrant status—such as H-1B or L-1 visa holders.

Potential Implications for U.S. Companies: This change would have significant consequences for U.S. businesses that depend on the ability to recruit top international talent, thereby impacting innovation and economic growth. This would deter H-1B and L-1 visa holders from remaining in the U.S. due to family immigration reasons. 

Key Aspects of the Executive Order:

  • Effective Date: The policy will come into effect 30 days after the executive order is signed, and will apply to children born on or after February 20, 2025.
  • Definition of “Mother” and “Father”: The order defines “mother” and “father” strictly in terms of biological progenitors, which may affect children of same-sex couples and those born through assisted reproductive technologies (ART).
  • Legal Challenges: Several lawsuits have already been filed in an attempt to block this executive order, challenging its legality.
  1. Executive Order Protecting the American People Against Invasion

The executive order aims to limit the issuance of humanitarian parole, Temporary Protected Status (TPS), work permits, and public benefits to the scope defined by existing laws—operating under the premise that the Biden administration may have deviated from statutory requirements. The administration is also signaling its intent to tighten restrictions on granting humanitarian parole, TPS, work authorization, and access to public assistance moving forward. 

Potential Implications for U.S. Companies: Slow work authorization processing times could lead to significant delays in the approvals of work authorization cards, thereby increasing employment gaps for both the employer and the employee. Employers who rely on workers using work permits should encourage their employees to file for extensions of the employment authorization documents (EADs) as soon as legally permitted and to seek experienced immigration counsel. 

  1. Executive Order on Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats

Much like in 2017, the Trump administration is positioning itself to justify the implementation of travel bans while circumventing the legal challenges faced by earlier versions of the Muslim ban, which primarily targeted nationals from predominantly Muslim countries. Within the next 60 days, the administration plans to identify countries with inadequate vetting systems, with the potential for imposing full or partial travel restrictions under INA 212(f).

Potential Implications for U.S. Companies: This heightened scrutiny on new applicants and individuals who have held nonimmigrant status in the U.S. for extended periods will likely cause uncertainty and delays, impacting both their employers and families. Companies that are used to having foreign national employees travel frequently for international business should no longer consider this option as reliable moving forward. This is especially true for C-suite executives who may be accustomed to rapid international travel. International travel, particularly to countries who were involved in the previous Musim ban from 2017, should be paused until we know more about how this administration will implement these changes. 

  1. Executive Order America First Trade Policy 

This executive order could lead to changes in policies that affect the eligibility requirements for key nonimmigrant visas available to Canadian and Mexican nationals. It directs U.S. trade policies to focus on boosting “investment and productivity, strengthening the nation’s industrial and technological capabilities, safeguarding our economic and national security, and ultimately benefiting American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.” Additionally, the order mandates a review of existing trade agreements, with particular attention to the effects of the U.S.-Mexico-Canada Agreement (USMCA), formerly NAFTA, on American workers, farmers, ranchers, service providers, and businesses.

Potential Implications for U.S. Companies:

  • USMCA Review and TN Visas: The directive to review the USMCA ahead of its 2026 renewal could lead to changes impacting TN visa eligibility. If the U.S. Trade Representative recommends revisions to the agreement, this could alter visa issuance protocols and result in a more stringent interpretation of job categories and qualifications. Canadian and Mexican professionals applying for TN visas may face stricter documentation requirements to demonstrate their qualifications and the necessity of their roles in the U.S. 
  • Impact on Other Trade-Based Visas: The review of other trade agreements might affect other treaty-based visa categories, including E-1 (treaty trader), E-2 (treaty investor), and H-1B1 (specialty occupation worker). The investigation into unfair trade practices and tariff policies could create uncertainty for companies employing foreign professionals under B-1 (business visitor) or L-1 (intra-company transferee) visas, potentially leading to fewer opportunities for noncitizen workers.
  1. Executive Order America First Policy Directive to the Secretary of State 

This executive order, presented as a measure to align foreign policy with “core American interests” and prioritize “America and American citizens,” could have a negative impact on economic growth and prosperity. It takes effect immediately.

Potential Implications for U.S. Companies:

  • While not explicitly stated, this directive may be seen as a revival of the Buy American, Hire American (BAHA) Executive Order 13788 from the first Trump administration. The BAHA policies led to heightened scrutiny of employment-based visas, created barriers for U.S. companies seeking to hire foreign workers, and emphasized higher wage requirements. These changes disproportionately affected small businesses, non-profits, and international graduates from U.S. institutions. 

In conclusion, the recent executive orders and policy shifts signal significant changes that could impact U.S. businesses and foreign workers alike. As these developments unfold, our firm is committed to closely monitoring any updates and providing timely guidance to help employers navigate the evolving landscape. Whether you’re an employer concerned about visa eligibility or an individual seeking clarity on your status, we encourage you to reach out to us for a consultation. Our experienced team is here to answer your questions and ensure that you remain compliant while protecting your business interests. Don’t hesitate to contact us today to discuss how these changes may affect you or your company.