New Executive Orders on Immigration

On January 20, 2025, President Trump was inaugurated for his second term and in alignment with his “Day One” campaign promises, he signed ten executive orders that support his immigration agenda. These executive orders touch on many complex issues within the immigration landscape, including birthright citizenship, asylum processing, military enforcement at the border, compliance and enhanced vetting. Trump also rescinded many Biden Administration orders including those expanding access to immigration pathways for those in AI and other STEM fields.

A summary of the orders impacting immigration policies is included below and the full text of all executive orders can be found here. MVA will also be providing a more comprehensive analysis of those orders that are most likely to impact our clients and their employees. Stay tuned for updates to follow.

Enhanced Vetting and Possible Travel Bans

While many anticipated that a travel ban might be implemented within the first few days of his administration, that is not what happened. Instead, Trump issued an executive order that implements enhanced security screening and vetting “to the maximum degree possible” for visa applicants and for those already in the U.S., particularly those that from regions or nations with identified security risks. Within 60 days of the order, Trump ordered the Secretary of State, Attorney General, Secretary of Homeland Security and the Director of National Intelligence to provide a report identifying any countries that may warrant a “partial or full suspension” of admission along with any individuals from those countries that have been admitted since January 20, 2021, along with information that may be relevant to admissibility or removability.

Limiting Birthright Citizenship

Another executive order signed on January 20 sought to limit birthright citizenship, a right enshrined in the Constitution under the 14^th Amendment. The order sought to deny U.S. citizenship to children who were born after February 19, 2025, whose mother is unlawfully present, and the father is not a U.S. citizen or lawful permanent resident and a child whose mother is lawfully present, but in a temporary status (i.e., H-1B, L-1, TN, F-1, etc.) and whose father is not a U.S. citizen or lawful permanent resident.

As of January 23, 2025, a federal judge in Seattle temporarily blocked this executive order and is likely the beginning of a long legal battle over its constitutionality.

America First Trade Policies

President Trump issued a Presidential Memorandum mandating a sweeping review of current US trade and economic policies including the impact of the U.S.-Mexico- Canada Agreement (USMCA) on American workers, farmers, ranchers, service providers, and other businesses. The order also calls for a review of trade policies relating to China, in particular. While at this stage, the order only requires a review of existing agreements, it could result in policy shifts affecting eligibility criteria for TN professionals depending on the outcome of the review.

Border Enforcement 

Several Executive Orders focused on securing the U.S.-Mexico border. The President declared a national emergency at the southern border, describing America as “under attack” by an “invasion” and allocated the use of military personnel and resources to secure the border, resumes the construction of the border wall and suggests the possibility of invocating the Insurrection Act in the future. The order also effectively suspends asylum processing and another executive order directs the Defense Department to develop a plan to “seal the borders and maintain the sovereignty, territorial integrity, and security of the United States” by taking action against unlawful mass migration, narcotics and human trafficking, and other criminal activities.

One of President Trump’s executive orders on border security also directs the Department of Homeland Security to end humanitarian parole programs, which included parole and employment benefits for eligible nationals of Cuba, Haiti, Nicaragua, and Venezuela.

Gender Identity Restrictions

Another executive order signed on January 20, states that the U.S. government will recognize only two sexes. The order directs the Departments of State and Homeland Security to implement changes to ensure that government-issued identification documents, such as passports, visas, and Global Entry cards, reflect the holder as either male or female. Agencies are also directed to change government forms in accordance with the order. This likely means that third-gender options, currently available on U.S. passports and certain immigration documents, as well as certain USCIS and State Department application and petition forms, will become unavailable at some point in the future. Federal court challenges to this and other gender-identity restrictions are anticipated.