On his first day in office, President Trump issued a series of executive orders aimed at carrying out his plans to reshape U.S. immigration law. These executive orders lay out stringent policy changes that double down on President Trump’s aggressive stance on U.S. immigration conveyed during his first term in office, seeking to redefine the country’s approach to U.S. immigration, including longstanding constitutional protections.
These executive orders call for higher scrutiny of visa petitions, restrictions on entry of certain noncitizens to the U.S., and greater focus on the prosecution and removal of unauthorized noncitizens. We provide a full overview of President Trump’s executive orders relating to U.S. immigration law at our Trump Administration Immigration Resource Page.
Key Recommendations:
- For U.S. Employers:
- Ensure compliance with immigration recordkeeping requirements, including Forms I-9 and H-1B public inspection files. The Trump Administration has signaled an intention to ramp up enforcement efforts for these programs, and we are already hearing reports of employer site visits and audits.
- Encourage noncitizen employees, including lawful permanent residents and temporary visa holders, to remain in the U.S. until we have more information on anticipated travel bans. The Trump Administration is actively working on new travel restrictions that should take effect in the coming months.
- Review the current immigration status of temporary workers and consider H-1B visa lottery filings or other options for employees who hold temporary or less stable immigration status (e.g., Humanitarian Parole, DACA, TPS).
- Consult with experienced immigration attorneys to assess employee status and develop strategies to align with these rapid policy changes. With the higher scrutiny placed on immigration applications, as well as the reallocation of government resources from immigration adjudication to enforcement, lengthier processing times are expected across the board. Advance planning is critical.
- Have a plan for ICE site visits. It is important that employers and businesses are prepared for a visit from ICE, and have a specific plan for how to respond if this occurs.
- For Noncitizens:
- Limit international travel in light of anticipated travel restrictions or bans. Plan to remain in the U.S. until there is clarity around specific travel restrictions or bans.
- Carry immigration status documents with you at all times (e.g., green card, Form I-797 approval/receipt notices, I-94 record, passport with visa stamp, employment authorization card and/or advance parole).
- Consult with experienced immigration attorneys and your employer to determine if there are other viable pathways to safeguard your current status, particularly for individuals in temporary or less stable status (e.g., Humanitarian Parole, DACA, TPS).
Additional Information:
Lawsuits to combat executive action taken by President Trump since he took office on January 20, 2025 are already in motion or expected. It is recommended that U.S. employers and noncitizens stay informed about these and future actions and seek legal counsel to ensure ongoing understanding of, and compliance with, U.S. immigration laws in light of the rapid changes directed by the Trump administration.
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.