Key Recommendations:
- For Noncitizens: Ensure you are physically present in the U.S. by January 19, 2025, to safeguard your lawful status and mitigate potential travel restrictions under the incoming Trump administration. Plan to remain in the U.S. until there is clarity around specific travel restrictions. This includes lawful permanent residents (green card holders) and temporary visa holders.
- For U.S. Employers: Review the travel and work plans of noncitizen employees including lawful permanent residents and temporary visa holders. Encourage those outside the U.S. to return by January 19, 2025. Consult with immigration attorneys to assess employee statuses and develop strategies for anticipated policy changes.
Context and Additional Information:
The prior Trump Administration implemented stringent immigration measures, notably through travel bans, heightened visa application scrutiny, and modifications to work visa programs. President-elect Trump has signaled an intention to adopt an even more assertive immigration stance in his upcoming term. While it takes time to alter most immigration laws and regulations, the President possesses broad authority to immediately limit noncitizen entry for national security or other national interests. President-elect Trump has stated his intention to exercise this authority and could do so as early as January 20, 2025, his first day in office.
Learning from the travel restrictions implemented during the prior Trump administration, there are good reasons for noncitizens to be physically present in the U.S. before Trump takes office. The prior administration’s travel restrictions contained exceptions for certain noncitizens physically present in the U.S. Further, they did not prevent those physically present in the U.S. from maintaining their valid status and work authorization. The restrictions were implemented quickly, causing some people to become stuck outside the U.S. unexpectedly. While we do not yet know the specifics of the new administration’s travel restrictions, the safest course is for noncitizens to be physically present in the U.S. before such travel restrictions take effect.
Please contact any member of the Immigration practice group with questions.
Visit HSE’s Trump Administration Immigration Updates resource page for additional insights and resources.