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Trump Immigration Orders Impact Higher Education and International Students

By Richard T. Herman, Esq.

Immigration Articles, 18 min read

The Trump administration has issued over a dozen executive orders (EOs) in its first week, reversing Biden-era policies and implementing its own. Many of these orders affect higher education institutions, changing policies on immigration, diversity, funding and sustainability.

The rapid policy changes, especially in immigration, have raised concerns about student mobility, visa regulations and campus security. Heightened immigration policies have also brought customs enforcement into the spotlight, with recent executive orders lifting protections against immigration enforcement actions in sensitive locations such as schools and universities. This allows agencies like Immigration and Customs Enforcement to conduct operations on campus without restrictions, raising fears among students and impacting the overall atmosphere of safety in academic settings.

Unlike the chaotic rollout of executive orders in 2017 which faced legal hurdles, the administration seems more strategic this time. The new EOs are structured to withstand judicial scrutiny, often including severability clauses to preserve unaffected provisions if parts are struck down. But executive orders can’t override existing laws, so certain key protections and programs for students and institutions remain in place unless Congress acts.

Higher Education Implications

  • F-1 and J-1 students must strictly maintain visa status. Any minor lapse could lead to deportation under expedited removal policies.
  • International student offices (DSOs and ROs) face increased pressure to provide accurate legal guidance and manage compliance concerns.
  • Fear and uncertainty among students may lead to reduced enrollment and fewer applicants from certain countries.

This article explores these orders, their implications and how universities, organizations and international students are responding

Impact on Immigration and International Students

Several executive orders change immigration policies, affecting international students and undocumented individuals in higher education.

Increased Visa Vetting and Immigration Policies

One of the most significant executive orders is on extreme vetting of foreign nationals applying for U.S. visas. The directive tells agencies to apply “to the maximum degree possible” enhanced screening measures.

  • The EO titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” imposes more rigorous vetting for all visa applicants, including F-1 (student) and J-1 (exchange visitor) visa holders.
  • It requires applicants not to have “hostile attitudes” towards U.S. institutions and those already in the country not to support foreign terrorist groups or individuals recognized as designated foreign terrorists.
  • These provisions could impact international students involved in campus activism or protests.

These will result in longer visa wait times, more scrutiny of applicants and possible deportations for those already in the U.S.

  • Key Concerns:* Visa restrictions: Some students from certain countries may face additional scrutiny or denial.
  • Student protests: Participants in political demonstrations could be deemed a security risk, impacting their ability to stay or enter the U.S.
  • Implementation unclear: Details will be provided by federal agencies within the next 30-60 days.

While the order “opens the door for potential actions” it doesn’t yet implement any direct bans.

Birthright Citizenship Revocation

Trump issued an order to end birthright citizenship for children born to non-citizen parents, including those on temporary visas such as international students and faculty.

Impacts:

  • Legal challenges: A lawsuit has already been filed challenging this policy citing the 14th Amendment’s guarantee of citizenship to those born in the U.S.
  • Affected families: Approximately 150,000 newborns a year could be rendered stateless and ineligible for U.S. citizenship.
  • Historical precedent: Previous administrations have considered this but none have implemented it due to constitutional protections.

A federal judge is expected to rule soon on this executive order, which will significantly impact immigrant families, including international students and scholars.

Undocumented Students and Federal Funding

  • The EO “Protecting the American People Against Invasion” requires federal agencies to review contracts and grants with NGOs that support undocumented individuals.
  • This could impact colleges offering in-state tuition to undocumented students, running legal aid clinics or providing other forms of assistance to undocumented individuals.

International Programs at Risk

  • The “America First Policy Directive to the Secretary of State” requires international education policies to align with an “America First” approach.
  • This could cut funding for State Department-backed international exchange and study abroad programs, reducing global academic collaboration.

Rescinding the “Sensitive Locations” Policy

  • DHS has eliminated protections that limited immigration enforcement in schools, hospitals and churches.
  • As a result, college campuses will no longer be considered safe spaces, potentially increasing the presence of Immigration and Customs Enforcement (ICE) officers. This heightened presence of ICE on college campuses has raised concerns, especially among students from immigrant backgrounds or those engaged in activism.

Aggressive Immigration Enforcement at the State and Local Level

The Department of Justice has instructed federal prosecutors to go after state and local officials who impede federal immigration enforcement.

  • This could impact institutions that declare themselves “sanctuary campuses” or provide legal aid and support to undocumented students.
  • The “Protecting the American People Against Invasion” order expands the Department of Homeland Security’s (DHS) enforcement priorities.
  • It rescinds prior policies that provided discretion in deportation cases.
  • The expedited removal process now applies to individuals who have been in the U.S. for less than two years, increasing the risk of deportation for visa holders who violate status conditions.

DACA Unclear

  • While DACA has not been addressed directly, the administration has tried to limit birthright citizenship (already blocked by a federal court).
  • A recent 5th U.S. Circuit Court ruling found a Biden-era DACA regulation unlawful (stay pending appeal).
  • Renewals continue, but new applications will not be processed and more executive actions against DACA expected.

Parole Programs and “Remain in Mexico” Policy Terminated

  • The “Securing Our Borders” order reprises the Migrant Protection Protocols (MPP), requiring asylum seekers to wait in Mexico while their claims are processed.
  • Several humanitarian parole programs allowing certain individuals to enter the U.S. under special circumstances have been eliminated.

Impact on Higher Education

  • Visiting scholars and researchers: Certain visa-exempt pathways may no longer be available, affecting short-term research collaborations.
  • International partnerships: Universities involved in humanitarian initiatives may face challenges working with institutions in crisis-affected regions.

Student Protests and Free Speech Crackdown

Trump has targeted pro-Palestinian student protests. A recent executive order states international students who participate in such demonstrations can be deported. Students and legal experts argue:

  • International students have First Amendment rights, including free speech and peaceful protest.
  • The order will lead to excessive monitoring and intimidation of foreign students.
  • Universities will be pressured to report or penalize students engaged in certain political activities.

Legal organizations are preparing to challenge these policies, saying an F-1 visa should not be revoked based on political beliefs.

“America First” Policies and Work Visas

New Orders

  • The “America First Trade Policy” and “America First Policy Directive to the Secretary of State” prioritize American workers, potentially reviving “Buy American, Hire American” (BAHA) provisions.

Higher Education and International Students Concerns

  • OPT and H-1B restrictions: Stricter eligibility and processing for OPT and H-1B visas will make it harder for international graduates to stay and work in the U.S.
  • Decline in competitiveness: Universities will struggle to recruit top global talent if U.S. job opportunities become more uncertain.
  • Research and innovation setbacks: Fewer international students will impact STEM research, funding and innovation.* .

Diversity, Equity, Inclusion, and Accessibility (DEIA) Under Attack

The EO “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” bans DEI efforts across the federal government and limits institutions receiving federal funds.

Key Points:

  • Federal agencies must eliminate all race- and gender-focused programs and define sex under federal law as binary.
  • All federal diversity staff will be placed on paid leave before expected layoffs.
  • Federal contractors and grantees must stop all DEI work immediately or lose funding.
  • Department of Justice and Department of Education have 120 days to issue guidance on implementing the Supreme Court’s Students for Fair Admissions v. Harvard ruling, which could restrict race-conscious policies beyond admissions.
  • 9 universities with $1 billion+ endowments will be targeted for federal civil rights investigations based on their DEI policies.

Many institutions will “pre-comply” by winding down DEI programs before Department of Education issues enforcement guidance. But colleges should carefully review their legal obligations before making changes.

Title IX and Gender-Related Policies

The EO “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” targets Title IX protections for transgender students.

  • Department of Education will repeal 2021 Title IX guidance that extended protections based on gender identity and sexual orientation.
  • This follows a federal court ruling striking down Biden’s 2024 Title IX regulations nationwide.
  • New rules on transgender student participation in athletics are expected given Trump’s campaign promises.

Minority-Serving Institutions (MSIs)

The EO “Initial Rescissions of Harmful Executive Orders and Actions” revokes 78 Biden-era orders, including those supporting Hispanic-Serving Institutions (HSIs) and Tribal Colleges and Universities (TCUs).

  • White House Initiative on Advancing Educational Equity for Native Americans and Strengthening Tribal Colleges has been eliminated.
  • White House Initiative on HBCUs remains, but broader DEI funding cuts could still impact HBCUs indirectly.

Environmental and Sustainability Policy Rollbacks

Several EOs repeal Biden-era environmental policies, including those impacting higher education sustainability and climate research.

  • The rescission order closes the White House Office of Domestic Climate Policy.
  • The Justice40 Initiative, which directed environmental funding to underrepresented communities, is gone.
  • Universities with climate research or sustainability programs may see reduced federal funding.

The Larger Picture: Challenges and Opportunities for Universities

Global Competitiveness

  • Stricter immigration policies could send international students to Canada, the U.K., and Australia, which have more welcoming policies.
  • Universities relying on international tuition revenue may see financial losses.
  • Fewer international scholars could hurt U.S. research output and innovation.

Administrative and Legal Burdens

  • Institutions will need to invest in immigration legal support and compliance tracking to protect students and faculty.
  • University policies may need to be revised to address Title IX and DEI changes.

What to Do

  • Educate and Inform: Provide regular updates and legal guidance for international students.
  • Advocate for Policy Changes: Work with education associations like ACE and NAFSA to push for fairer immigration policies.
  • Prepare for Contingencies: Develop emergency support plans for students facing immigration status challenges.

What’s Next?

The rapid rollout of these EOs means big changes for colleges and universities, but many of these policies will face legal challenges and congressional pushback. Key takeaways:

  • Institutions must comply with new requirements while staying committed to diversity, equity, and academic freedom.
  • Immigration policies are in flux, with potential future actions on DACA and sanctuary campuses.
  • Federal funding restrictions may force institutions to reconsider DEI and sustainability initiatives.
  • Legal challenges could overturn many of the EOs, delaying or reversing their effects.

Universities must stay ahead of the curve, monitoring legislative changes and advocating for policies that serve their values.

Resources

This page links to select executive actions by the President and administrative actions by federal agencies that relate to international education, during the Trump-Vance administration (January 20, 2025 – January 20, 2029).

Select Presidential Actions

Also see: Presidential Actions page from the Trump-Vance whitehouse.gov site for a list of all executive actions.

General

DEI and Gender

  • Executive Order 14151 of January 20, 2025: Ending Radical And Wasteful Government DEI Programs And Preferencing. Federal Register cite: 90 FR 8339 (January 29, 2025). Directs the termination of all federal diversity, equity, and inclusion (DEI) programs, policies, and mandates. It requires that federal agencies eliminate DEI-related offices, positions, and initiatives, including environmental justice programs, and prohibits consideration of DEI factors in federal employment practices. Higher education administrators should be aware that this order may impact federal funding, grant eligibility, and hiring policies related to DEI initiatives in federally supported programs.
  • Executive Order 14168 of January 20, 2025: Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government. Federal Register cite: 90 FR 8615 (January 30, 2025). Has provisions impacting language and categories on government forms, records, and documents. “The Secretaries of State and Homeland Security, and the Director of the Office of Personnel Management, shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex, as defined under section 2 of this order; and the Director of the Office of Personnel Management shall ensure that applicable personnel records accurately report Federal employees’ sex, as defined by section 2 of this order.”
  • Executive Order 14173 of January 21, 2025, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. EO on whitehouse.gov | Federal Register cite: 90 FR 8633 (January 31, 2025).
  • Executive Order 14190 of January 29, 2025, Ending Radical Indoctrination in K-12 Schooling. EO on whitehouse.gov | Federal Register cite: 90 FR 8853 (January 29, 2025).

Immigration-Specific Executive Actions

Select Agency Actions

  • DHS. On January 23, 2025, Acting Secretary of Homeland Security Benjamine Huffman signed a “Finding of Mass Influx of Aliens,” two days before Kristi Noem was sworn in as DHS Secretary. The finding activates enhanced federal authority and resources and presses for state and local cooperation. See NAFSA’s page for links and a transcription of the finding.
  • OMB. A January 27, 2025 memorandum from the Office of Management and Budget (OMB) required “Federal agencies to identify and review all Federal financial assistance programs and supporting activities consistent with the President’s policies and requirements,” and to suspend distribution of this funding while the review is underway. The funding pause was set to go into effect on January 28, at 5:00 p.m. Eastern, but was temporarily blocked by litigation. On January 29 The New York Times reported that “On Wednesday, Matthew J. Vaeth, the acting director for the Office of Management and Budget, sent a notification to federal agencies notifying them that memo freezing aid had been ‘rescinded.'” See NAFSA’s page.
  • DOS. January 31, 2025. NAFSA’s liaison partners at DOS have informed NAFSA that nonimmigrant visa issuance in Colombia has now resumed. Press reports confirm. On January 26, 2025 Secretary of State Marco Rubio had suspended visa issuance at the U.S. Embassy Bogota consular section, following Colombian President Petro’s refusal to accept two repatriation flights unless the deported individuals were treated with the “dignity that a human being deserves.” See NAFSA’s page.
  • DOS. News sources have begun reporting that Secretary of State Rubio may already have issued an internal communication to passport office staff to halt processing of passport applications requesting a gender marker of “X” pursuant to Executive Order: Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government. This will impact the content of NAFSA’s X Gender Marker Passport Advising Resource.
  • USCIS. USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants. Effective January 22, 2025, USCIS will waive any requirements that applicants for adjustment of status to permanent residence present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination.
  • DHS. DHS Rescinds Biden “Protected Areas” Enforcement Policy. January 21, 2025. On January 20, 2025 DHS rescinded a 2021 guidance memo that had required DHS officers and agents to seek headquarters approval before taking an enforcement action in protected protected areas like schools and colleges, hospitals or churches.
  • CBP. CBP narrows functionality of its CBP One app. January 20, 2025. U.S. Customs and Border Protection (CBP) announced on its CBP One page that: “Effective January 20, 2025, the functionalities of CBP One™ that previously allowed undocumented aliens to submit advance information and schedule appointments at eight southwest border ports of entry is no longer available, and existing appointments have been cancelled.” This will particularly impact asylum seekers who were permitted to use the tool to schedule appointments under the Biden administration.

Background information

Executive actions, also called presidential actions, are taken by the President of the United States, usually through the following vehicles:

  • Executive Orders
  • Presidential Proclamations
  • Presidential Memoranda

Agency regulatory actions include:

  • Proposed regulations
  • Final regulations
  • Agency policy documents and statements

Federal agencies are part of the Executive Branch of government and exercise authority delegated by Congress to the head of the agency.  Four Cabinet-level executive agencies share most responsibility for administering immigration laws (Departments of Homeland Security, State, Justice, and Labor). The Department of Education also has an impact on international education, particularly regarding funding for education abroad for U.S. students and Title IX protections.

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