Executive Orders Impact Immigration

On January 20, President Trump signed a series of Executive Orders (EOs) targeting immigration in various capacities. These orders outline over 50 directives to U.S. government agencies, signaling impending changes in border enforcement, visa processing, and refugee policies.

This article breaks down the key components of these EOs, including updates on travel bans, birthright citizenship, changes to parole programs, and other significant policies directly impacting migrants and businesses managing immigration programs.

Enhanced Vetting and Travel Ban Review

One of the prominent actions in the EOs directs agencies to conduct an extensive 60-day review to identify countries that could face future travel bans. While no immediate bans were imposed, measures to strengthen vetting and screening processes are expected to lead to delays at consulates and in processing applications by U.S. Citizenship and Immigration Services (USCIS).

For businesses dependent on international labor or frequent travel, the potential for new travel bans and prolonged vetting could disrupt hiring and project timelines. Employers should prepare for longer wait times when filing relevant visa applications.

Key considerations for businesses and immigrants include staying informed about travel ban updates in the US and reaching out to Panteva Law Group for expert guidance to minimize disruptions.

Changes to Birthright Citizenship

The EO titled “Protecting the Meaning and Value of American Citizenship” introduces significant changes to birthright citizenship. Effective 30 days from EO publication, agencies are directed not to recognize birthright citizenship for children born in the U.S. if the father is not a citizen or permanent resident and the mother is either unlawfully present or temporarily in the country.

This interpretation stands to challenge the principle of birthright citizenship in the Constitution, which has traditionally granted citizenship to individuals simply by being born on U.S. soil. Already, litigation has been filed in U.S. courts to block this directive and it is currently blocked.

Termination of Parole Programs

The “Securing Our Borders” EO orders the elimination of parole programs granting relief to various nationalities. It specifically mentions programs benefiting certain nationals of Cuba, Haiti, Nicaragua, and Venezuela, with potential spillover effects on those from Ukraine and Afghanistan.

Existing work authorizations and parole for individuals already residing in the U.S. may not be immediately affected, but further rules could emerge. For now, individuals seeking guidance on parole should closely monitor updates and clarify whether they qualify for parole in place.

For instance, recent rescissions could affect parole-dependent employees, potentially impacting their ability to work legally. Employers should ensure compliance and consider alternative immigration options as programs shift.

Border and Interior Enforcement

The “Securing Our Borders” EO also declared a national emergency, granting expanded powers to the Department of Defense to support border security initiatives, such as border construction. Additionally, the EO mandated the discontinuation of the CBP One app, which had been used to schedule immigration appointments. The CBP One app scheduling feature was removed shortly after the order was issued.

Employers, particularly those with cross-border employees, might experience heightened scrutiny during border crossings. Tools like the CBP One app download have historically minimized congestion, and its removal could create backlogs or delays.

Companies relying on labor across borders should focus on compliance and anticipate strengthened enforcement measures when navigating customs and border protection protocols.

Temporary Protected Status – TPS for Venezuela has been terminated

The “Protecting American People Against Invasion” Executive Order (EO) directs federal agencies to reassess country designations for TPS eligibility. While the EO emphasizes securing borders and reviewing humanitarian programs, it specifically tasks agencies with evaluating the conditions in TPS-designated countries to determine whether these statuses should be extended, revised, or terminated.

This review signals potential changes for individuals from countries currently benefiting from TPS. Historically, such evaluations have resulted in contentious legal battles, as removing a country’s designation could affect thousands of lives.

Suspension of the U.S. Refugee Program

The “Realigning the United States Refugee Admissions Program” EO has suspended the U.S. Refugee Program (USRAP) for a 90-day review. This suspension will extend until the review process determines necessary changes. Revisions could grant individual states and localities the authority to decide whether they want refugees resettling in their areas.

While this impacts the formal resettlement of refugees, HR professionals employing individuals on related status—such as asylees—should also be prepared for potential policy spillovers into Temporary Protected Status (TPS). It is essential to remain aware of evolving status eligibility and requirements for temporary protected status.

Impacts on Business Immigration Programs

Beyond individual immigration cases, the EOs rescinded a number of President Biden’s prior actions aimed at streamlined immigration systems and workforce policies. Specific removals included orders related to  “Restoring Faith in Our Legal Immigration Systems” and advancing inclusion efforts for U.S. immigrants.

The overall focus of these EOs skews toward restrictive measures that might increase processing times for employment-related immigration applications. Companies hiring international candidates or leveraging customs and border protection FOIA forms for employee travel will need robust resources to manage changing regulations.

How Employers and Immigrants Can Prepare

Monitor Policy Changes

The evolving context of border and security measures demands proactive monitoring. Employers should remain informed by subscribing to Panteva Law Group newsletter and seeking regular updates on U.S. Customs and Border Protection (CBP) policy changes.

Consult Immigration Experts

At Panteva Law Group, we understand how critical it is to have reliable guidance when navigating complex immigration policies. We specialize in helping employees and businesses interpret and implement the latest executive orders. Our team is here to assist you in maintaining workforce compliance and avoiding disruptions caused by delays in visas or work permits. Reach out to us for trusted, expert advice tailored to your specific immigration needs.

Communicate with Affected Employees

HR teams can play a vital role by keeping employees who are directly or indirectly impacted informed about potential implications. Accessible resources on regulations, forms, and applicable actions, such as CBP application processes, ensure employees feel supported during uncertain times.

Preparing for What Comes Next

Immigration has always been dynamic, with new rulings and executive actions continually reshaping U.S. policies. Staying informed about regulations, like those impacting tps temporary protected status or the U.S. refugee program, is crucial to navigating a landscape that is subject to change.

By understanding the recent executive orders on immigration, businesses and immigrants can proactively devise strategies to ensure compliance while minimizing disruptions to operations or personal plans.