From his first moments back in office, President Trump made it clear that immigration would be a central focus of his administration. In January 2025, President Trump announced significant immigration-related executive orders, framing illegal immigration as a national security crisis. These orders included directives on enhanced vetting of visa applicants, changes to birthright citizenship, and measures aimed at escalating immigration enforcement.
His administration is using strong language to justify these actions, frequently referring to the situation as an “invasion”—a term that has gained traction in right-wing politics but is highly controversial among immigration advocates and legal experts.
Trump’s immigration orders are not just about border control. They represent a fundamental shift in the way the US government enforces immigration laws—one that could have profound and long-lasting effects.
These orders seek to redefine legal and undocumented immigration in ways never before attempted, affecting asylum seekers, temporary visa holders, and even children born on U.S. soil. Below is an in-depth analysis of the changes, their immediate impact, and what to expect in the future.
While these policies claim to prioritize American interests, they may instead disrupt communities, destabilize families, and complicate legal immigration processes.
What Are Executive Orders and How Do They Work?
- Definition: Executive orders allow the US president to act without needing Congress’ approval. They are typically used to clarify or implement existing laws or to address urgent matters.
- Limits: These orders can be challenged in court if deemed unconstitutional or infringing on states’ rights. Congress can overturn them, though the president can veto such decisions. Overriding a veto requires a two-thirds majority in Congress.
- Context: While Trump has extensively used this tool, executive orders are not unusual in US governance. In January 2025, President Trump issued immigration-related executive orders that have significant implications for visa vetting, birthright citizenship, and asylum processes, impacting employers and their operational environments, and potentially facing legal challenges.
A Radical Shift in Immigration Policy Under the Trump Administration
Trump’s new executive actions are built on three key principles:
- Expanded Enforcement: Increased deportations, criminal penalties, and law enforcement involvement as part of new civil immigration enforcement policies aimed at countering illegal immigration and enhancing national security.
- Border Security Measures: The use of military force and the reintroduction of past deterrence strategies.
- Changes to Legal Immigration: Stricter rules for asylum seekers, visa holders, and even birthright citizenship.
These actions are not just policy changes; they signal a broader effort to redefine who is welcome in the United States.
Turning the U.S. Interior into an Immigration Enforcement Zone
The executive orders significantly broaden the powers of immigration enforcement agencies while stripping protections for many immigrants already living in the U.S. The U.S. Citizenship and Immigration Services plays a crucial role in implementing these new enforcement policies to ensure national security and public safety. Key changes include:
Key Policy Changes
- Expedited Removal Expansion:
- The Department of Homeland Security (DHS) can now deport individuals without court hearings if they cannot prove they have lived in the U.S. for more than two years.
- This affects thousands of people nationwide, including those who may have lived in the U.S. for years but lack documentation to prove it.
- Mandatory Registration of Noncitizens:
- All noncitizens must register their fingerprints with the U.S. government.
- Failure to register could lead to criminal penalties and deportation.
- Work Permit Restrictions:
- Immigrants without formal legal status, even those with pending applications, will be barred from obtaining employment authorization. This measure ensures that employment authorization is not granted to unauthorized aliens, aligning with U.S. immigration laws.
- This severely impacts asylum seekers and others relying on temporary work authorization.
- Crackdown on “Sanctuary” Jurisdictions:
- Federal funding will be revoked from cities and states that limit cooperation with federal immigration enforcement.
- Local law enforcement agencies will be enlisted to enforce federal immigration laws under expanded 287(g) agreements.
- Freezing Funding for Immigrant Aid Groups:
- All federal contracts with NGOs assisting undocumented immigrants will be audited.
- Potential cuts to funding for legal aid groups and shelters supporting asylum seekers.
- Reinstatement of the****public charge rule restricting access to visas and green cards based on financial stability.
Immediate Impacts
- The expansion of expedited removal went into effect on January 21, 2025. The new policy also aligns with the criminal enforcement priority, emphasizing the prosecution of unauthorized entry and continued presence.
- Biden-era enforcement policies have been rescinded.
- Work permit restrictions are expected to be challenged in court.
What to Expect Next
- More legal challenges regarding registration requirements and work permit restrictions.
- Further clarification from DHS on enforcement priorities.
- Potential escalation in workplace raids and arrests of undocumented workers.
Sealing the Border—Military Involvement and More
Declaring a National Emergency at the Southern Border
By declaring a national emergency, the administration plans to:
- Deploy military resources for immigration enforcement.
- Authorize drone and surveillance technology to monitor migration routes.
- Increase funding for border wall expansion.
- Justify mass deportations using wartime powers.
- Involve local law enforcement officials in enforcement efforts to enhance cooperation between federal, state, and local authorities.
Trump’s executive orders dramatically escalate border enforcement, using military forces and barring almost all forms of asylum.
Deployment of Troops to the Southern Border
- Trump has ordered 1,500 additional active-duty troops to the US-Mexico border. USNORTHCOM is now responsible for securing the southern border.
- Their current role is limited to building barriers and assisting in migrant removal flights, deporting 5,000 migrants per month.
- However, Trump’s orders direct the Department of Defense to explore broader uses of the military, which could include direct involvement in immigration enforcement—something that has not been done in modern history.
🔹 Legal Concerns:
- US law strictly limits military involvement in domestic law enforcement under the Posse Comitatus Act.
- If soldiers are ordered to arrest undocumented migrants, it could face major legal challenges.
- Immigration experts warn that using the military for civilian enforcement could set a dangerous precedent.
Suspension of Asylum at the Border:
Migrants who cross the border illegally will be deemed as part of an “invasion” and automatically denied asylum. This suspension of asylum has significant implications for immigration law, as it redefines the legal frameworks and policies governing due process for immigrants.
The CBP One app, which allowed asylum seekers to schedule appointments, has been shut down.
“Remain in Mexico” Policy Returns:
- Asylum seekers will be sent back to Mexico while awaiting hearings.
- Mexico has agreed to accept returned asylum seekers under new bilateral agreements.
Criminalizing Cartels as Terrorist Organizations:
- Certain drug cartels will be designated as Foreign Terrorist Organizations (FTOs).
- This could lead to the use of the Alien Enemies Act to deport individuals suspected of cartel connections without trial.
Cutting Off Asylum Protections
Trump has taken steps to block access to asylum at the southern border. This includes:
✔ Shutting down the CBP One app, a tool migrants used to schedule asylum interviews.
✔ Restricting eligibility for asylum, making it nearly impossible for migrants to apply legally.
✔ Expanding deportation authority, allowing officials to remove migrants more quickly.
🔹 International and Legal Implications:
- Under US and international law, asylum seekers have the right to request protection, even if they enter the country illegally.
- The United Nations has raised concerns that these policies violate the Refugee Convention.
- Legal challenges are expected, as civil rights groups argue this policy violates due process and international human rights norms.
Immediate Impacts
- The asylum ban and CBP One app shutdown took effect on January 21, 2025.
- The U.S. government reinstated “Remain in Mexico” immediately.
- Active-duty troops have been deployed to the border.
Border Security and Immigration Detention Policies
The administration aims for “complete operational control” of the border, including:
- Restarting Migrant Protection Protocols (MPP) (Remain in Mexico).
- Terminating humanitarian parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans.
- Ending CBP One app, limiting legal pathways for asylum seekers.
- Mandating detention for all border apprehensions, increasing pressure on detention facilities.
- These policies also impact legal immigration systems, affecting employment-based immigration and visa applications.
What’s Next?
- Expect legal challenges over asylum restrictions and the use of INA section 212(f).
- The government will decide which cartels qualify as terrorist organizations within 14 days.
- Further militarization of the border is likely, including potential use of the Insurrection Act.
Immigration Arrests in ‘Protected Spaces’
Another major shift is the Trump administration’s decision to allow immigration enforcement in traditionally protected spaces, such as:
- Schools
- Churches
- Hospitals
These locations have historically been considered “sensitive areas” where Immigration and Customs Enforcement (ICE) officers avoided conducting arrests to prevent fear and disruption in communities.
🔹 Potential Consequences:
- Immigrants, including those with legal status, may be afraid to seek medical care, attend school, or practice their faith.
- Local governments may refuse to cooperate with federal authorities, setting up legal battles over state vs. federal authority.
Mass Deportation Plans and Use of the Alien Enemies Act
One of Trump’s most controversial proposals is a mass deportation operation targeting over one million migrants, including those who were legally admitted under previous policies.
To bypass traditional immigration laws and court processes, Trump’s team is considering invoking the Alien Enemies Act of 1798—a rarely used law that gives the president broad powers to detain and remove noncitizens during wartime.
🔹 Historical Context:
- This law was last used during World War II, when Japanese, German, and Italian immigrants were detained under national security concerns.
- Legal experts argue that illegal immigration does not constitute an act of war, and using this law would be highly controversial and legally untested.
🔹 Challenges to Mass Deportation:
- Detention Facilities: The US does not have enough detention space to hold millions of migrants.
- Immigration Court Backlog: It already takes years to process deportation cases, making mass removal legally difficult.
- Local Resistance: Many state and city governments refuse to cooperate with ICE, creating enforcement obstacles.
Some experts believe that Trump’s plan could involve using military bases as large-scale detention centers, an idea that would likely spark lawsuits and congressional battles.
Declaring Immigration a ‘National Emergency’
Trump’s executive orders frame illegal immigration as an invasion, citing a constitutional clause that allows the federal government to defend against attacks.
His latest order directs the Pentagon to create a plan to:
✅ Seal the border using military resources.
✅ Stop unauthorized migration, drug trafficking, and human smuggling.
🔹 Legal Hurdles:
- Courts have rejected similar arguments in the past, ruling that immigration is not equivalent to an armed invasion.
- Even conservative legal scholars question whether this justification will hold up in court.
Migrant Facility at Guantanamo Bay
Trump proposed detaining up to 30,000 “criminal illegal aliens” at the Guantanamo Bay naval base in Cuba.
- Background on Guantanamo Bay:
- Originally established in 2002 during the “war on terror.”
- Notorious for harsh detention conditions, including allegations of torture.
- Currently, it houses only 15 detainees, including Khalid Sheikh Mohammed, the alleged 9/11 mastermind.
- Controversy and Criticism:
- Human rights organizations argue the facility is a global symbol of lawlessness and abuse.
- Critics highlight parallels to past US actions, such as the detention of Haitian refugees in Guantanamo in the 1990s.
- Challenges Ahead:
- Legal experts doubt the feasibility of housing migrants at Guantanamo, citing potential violations of domestic and international laws.
Rolling Back Legal Protections, Including Birthright Citizenship
A new EO attempts to limit birthright citizenship by restricting automatic citizenship for children born to undocumented or non-permanent resident parents.
- End of Birthright Citizenship:
- Babies born after February 19, 2025, to noncitizen parents will not be recognized as U.S. citizens.
This policy:
- Directly contradicts the 14th Amendment of the U.S. Constitution.
- Affects families of temporary visa holders, including H-1B workers and TPS holders.
- Faces immediate legal challenges from multiple states and civil rights groups.
Termination of Parole Programs:
- The Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) parole programs are being phased out.
- Other parole programs, such as Uniting for Ukraine, may also be terminated.
- Review of Temporary Protected Status (TPS):
- Existing TPS designations will be reviewed and potentially revoked.
Immediate Impacts
- DHS announced the phase-out of CHNV parole programs on January 21.
- Uncertainty for immigrants under TPS protections.
- Lawsuits challenging birthright citizenship changes are already being filed.
What’s Next?
- Further legal battles over TPS revocations.
- DHS will determine which parole programs to end in the coming months.
- Potential conflicts with state governments over birthright citizenship enforcement.
Restricting Future Immigration and Refugee Resettlement
Trump’s executive actions also limit legal pathways for migrants and refugees.
Key Policy Changes
- Refugee Admissions Suspended:
- Effective January 27, 2025, the U.S. refugee resettlement program is halted indefinitely.
- A new vetting system will be developed to admit only those who “assimilate” into American society.
- New Travel Ban in the Works:
- The government will create a list of countries deemed to have insufficient security vetting procedures.
- Travel restrictions will be imposed on these countries.
- Visa Restrictions Based on Ideological Beliefs:
- The Secretary of State is directed to limit visas for individuals who do not support certain American values.
- Expansion of denaturalization investigations and removal of previously approved immigrants.
Immediate Impacts
- Refugee admissions were effectively halted on January 21, 2025.
- The process for selecting countries for the new travel ban is underway.
What’s Next?
· Potential diplomatic conflicts with countries affected by the travel ban.
· Further restrictions on student visas and work permits.
· Increased legal challenges over ideological visa restrictions.
Designation of Cartels as Foreign Terrorist Organizations
The administration seeks to designate cartels as Foreign Terrorist Organizations (FTOs), which:
- Allows for expanded use of military force against cartel activities.
- Justifies mass deportations under the Alien Enemies Act.
Gender Policies and Immigration Implications
A new EO restricts gender definitions in federal policy, affecting immigration documentation and detention practices. It:
- Eliminates non-binary gender markers on federal documents.
- Forces transgender detainees into male or female detention facilities, increasing risks of
Trade Policies and Work Visas
The administration prioritizes protectionist trade policies, potentially affecting:
- TN visas for Canadian and Mexican professionals.
- H-1B1 visas for skilled workers from treaty nations.
- E-1/E-2 visas for investors and business professionals.
America First Foreign Policy and Immigration Restrictions
This directive prioritizes domestic interests over global partnerships, which may:
- Resurrect Buy American, Hire American policies.
- Increase visa denials for foreign workers and international students.
- Create uncertainty for businesses dependent on global talent.
Broader Context and Challenges
Legal Hurdles Trump Faces
Trump’s executive orders face significant opposition, including:
- Legal challenges from states, civil rights groups, and international organizations.
- Potential conflicts with the Constitution, particularly regarding birthright citizenship and the national emergency declaration.
Historical Parallels
- Trump’s actions echo past policies, such as the internment of Japanese Americans during World War II or the detention of Haitian refugees at Guantanamo.
- Critics warn that these policies may set troubling precedents for civil liberties and human rights.
What Happens Next?
Trump’s immigration orders lay the groundwork for what could be the largest immigration enforcement push in US history. However, there are significant roadblocks:
1. Legal Challenges
- Civil rights groups, states, and international organizations will challenge many of these orders in court.
- Some policies, such as the military’s role in enforcement, are legally untested and may be struck down.
2. State and Local Resistance
- Many Democratic-led states and cities have already vowed not to assist federal authorities with mass deportations.
- Legal battles between state and federal governments are expected, particularly in sanctuary cities.
3. Political Fallout
- Trump’s hardline immigration policies will energize his base but could also alienate moderate voters.
- If these policies fail to survive legal scrutiny, it could weaken his administration’s ability to enforce immigration laws effectively.
Conclusion: A Blueprint for a New Immigration System
Trump’s latest executive orders represent a dramatic escalation in immigration enforcement. They aim to transform the US immigration system by restricting asylum, increasing deportations, and expanding the use of military power.
However, these policies face major legal, logistical, and political challenges. Courts, Congress, and state governments will play a crucial role in determining how much of Trump’s immigration crackdown actually takes effect.
Whether or not these plans hold up in court, one thing is certain: Trump is redefining the US approach to immigration, and the consequences will be felt for years to come.
LINKS TO EXECUTIVE ORDERS
Summary:
- This order directs DHS and Department of State to implement stricter “enhanced vetting” for visa applicants and those already in the country.
- The order directs all agencies to be thorough in vetting during visa issuing process.
Potential impact:
- There is a higher likelihood that foreign nationals applying for visas at U.S. Consulates and Embassies abroad will be put in administrative processing. Moreover, it is likely that scheduling visa appointments will be backlogged and/or suspended for extended periods.
- During visa interviews, foreign nationals born in “high-risk” countries will likely encounter heightened scrutiny, regardless of their current country of nationality or citizenship. Foreign nationals may also be asked about their ties to the “high-risk” countries.
- We anticipate more delays in visa issuances due to administrative processing and additional security clearances.
- We expect partial or full “travel bans” from countries identified by the Trump administration as “high risk” countries.
- Due to the inter-agency nature of the Order, it is likely more Requests for Evidence (“RFE”) and denials will be issued for filings made with U.S. Citizenship and Immigration Services and with U.S. Customs and Border Protection.
(2) Protecting the Meaning and Value of American Citizenship
Summary:
- This Executive Order limits birthright citizenship. To acquire U.S. citizenship automatically, children born on or after February 19, 2025, in the U.S. must have at least one parent who is a Legal Permanent Resident (green card holder) or a U.S. citizen.
Potential Impact:
- If both parents are unlawfully present in the U.S. or are on temporary visas or are in the U.S. under the Visa Waiver Program, their children, born on or after February 19, 2025, would not acquire U.S. citizenship. These children may have to apply for a dependent visa, based on their parents’ visas and nonimmigrant status. USCIS will have to provide direction on how to determine the child’s nationality and their country of birth/country of chargeability for immigrant visa purposes.
- Temporary visas include: B-1, B-2, E-2, H-1B, J-1, L-1, O-1, TN, and their corresponding dependent visas.
- Thus far, 24 U.S. states, 2 U.S. cities, and civil rights organizations have initiated lawsuits to challenge this Executive Order.
- On January 23, 2025, the US District Court for the Western District of Washington issued a Temporary Restraining Order blocking the implementation of this Executive Order for 14 days. We will continue to monitor and provide updates on all pending litigation.
(3) Securing Our Borders and Declaring a National Emergency at the Southern Border of the United States
Summary:
- The Declaration and Executive Order direct the use of armed forces, additional physical barriers, unmanned aerial systems, and a revision of policies and strategies aimed to impede and deny unauthorized entry into the southern border of the United States.
- The Executive Order also directs DHS to use available technologies to determine the validity of familial relationships between foreign nationals.
- The Executive Order ends CBP One and parole program, “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.”
Potential Impact:
- We expected increased wait times and heightened scrutiny at ports of entry.
- Employers and foreign nationals should plan for potential delays when foreign nationals are entering the U.S. from Mexico.
- Foreign nationals should be ready to present documentation confirming their relationship to their dependents.
(4) America First Trade Policy
Summary:
- This order specifically reviews the United States-Mexico-Canada Agreement (“USCMA”) as well as other U.S. trade agreements.
- It directs the US Trade Representative to review and renegotiate or withdraw from agreements that disadvantage American workers and businesses.
Potential Impact:
- Although no immediate impact is expected, the USCMA agreement includes provisions authorizing the TN visa. TN visa applicants should expect heightened scrutiny at the time of their interview.
- The direction to review other trade agreements could impact other treaty-based nonimmigrant visas, such as E-1 (treaty trader), E-2 (treaty investor), E-3 (Specialty Occupation Workers form Australia) and H-1B1 (specialty occupation worker from Chile and Singapore). We do not anticipate the above programs to be affected; however, we will continue to monitor developments and provide updates.
(5) Executive Order Protecting the American People Against Invasion
Summary:
- DHS is to set new enforcement policies to address illegal entry, unlawful presence, and removal of those unlawfully present in the U.S.
- DHS is to expand the use of expedited removal.
- The Secretary of State, the Attorney General, and DHS are to limit humanitarian parole, designations of Temporary Protected Status (TPS), and employment authorization.
- Undocumented aliens must register their presence. Failure to comply is to be treated as a civil and criminal enforcement priority.
- “Sanctuary” jurisdictions that interfere with federal enforcement operations will be denied access to federal funds.
- DHS may authorize state and local law enforcement officials to investigate, apprehend, and detain aliens.
- This Executive Order revokes Biden-era Executive Orders, related to Civil Immigration Enforcement Policies, Migration and Asylum Seekers, Reunification of Families, and Immigration Policies Impeding Legal Immigration. All agencies are to revoke guidance or policies that were issued based on the Executive Orders.
Potential Impact:
- TPS and Employment Authorization Documents (EADs) based on TPS will likely not be extended. USCIS is not likely to issue policies allowing for automatic extensions of EADs for TPS beneficiaries.
- If DHS delegates its authority to state and local law enforcement to enforce immigration laws, there is a higher likelihood of foreign nationals being asked about their immigration status. Foreign nationals should have their immigration documents evidencing their lawful status readily available.
(6) Executive Order Guaranteeing the States Protections Against Invasion
Summary:
- The Trump Administration has declared an ongoing “invasion” of migrants at the southern border. The Executive Order invokes Article IV of the Constitution to prohibit the entry of any person, including asylum seekers, at the southern border.
- DHS and the Secretary of State may admit refugees on a case-by-case basis.
- Executive Order 14013, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, is revoked.
Potential Impact:
- DHS will block asylum seekers and any other individuals’ entries into the United States at the southern border.
- We anticipate there will be legal challenges given the Immigration and National Act’s (INA) guarantee of access to asylum.
(7) Realigning the United States Refugee Admissions Program (USRAP)
Summary:
- Suspension of USRAP will take effect on January 27, 2025, until DHS advises whether USRAP should resume.
- DHS and the Secretary of State may admit refugees on a case-by-case basis.
- Executive Order 14013, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, is revoked.
Potential Impact:
- DHS decisions on applications for refugee status are suspended until DHS advises otherwise.
(8) Initial Rescissions of Harmful Executive Orders and Actions
Summary:
- This Executive Order rescinded 78 executive orders and presidential memoranda signed by former President Biden.
- The immigration-related executive orders that have been rescinded are:
- Executive Order 13993, Revision of Civil Immigration Enforcement Policies and Priorities.
- Executive Order 14010, Creating a Comprehensive Regional Framework To
- Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.
- Executive Order 14011, Establishment of Interagency Task Force on the Reunification of Families.
- Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.
- Executive Order 14013, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.