Search results for: Executive Order

Co-Chairs of Greenberg Traurig’s Immigration & Compliance Practice, Kate Kalmykov and Courtney Noce, are presenting the Strafford Webinar: Employment-Based Visas and 2025 Executive Orders: Legal Challenges and Employer Strategies on Thursday, March 20 at 1:00 PM ET. This CLE webinar will provide counsel with an overview of the new executive orders issued by President Trump and their anticipated impacts on employment-based visas and immigration. The program will focus on the implications for employers across various industries and offer practical strategies for navigating these new regulations.

Date: Thursday, March 20 at 10:00 a.m.

Click here to view on GTlaw.com.

On Jan. 20, 2025, the Trump administration issued an executive order entitled “Protecting the American People Against Invasion,” aimed at enhancing compliance with the Immigration and Nationality Act (INA) section 262. This statute outlines the mandatory registration and fingerprinting requirements for certain non-U.S. citizens who have not previously registered and who are staying in the country for extended periods.

Under INA section 262, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Parents and guardians must ensure that their children below the age of 14 are registered. Children must re-register and be fingerprinted within 30 days of their 14th birthdays.

The Department of Homeland Security (DHS) will introduce a new registration form and process to complete the registration requirement. While additional guidance has not been issued at the time of this blog, noncitizens who did not previously register must create a U.S. Citizenship and Immigration Services (USCIS) online account to facilitate the registration process starting Feb. 25, 2025. Once registered and fingerprinted (unless waived), DHS will issue evidence of registration, which noncitizens over the age of 18 must carry at all times. Failure to comply with these requirements will result in criminal and civil penalties, including misdemeanor prosecution and fines. Certain groups, such as American Indians born in Canada, are exempt from registration.

The executive order considers lawful permanent residents, noncitizens paroled into the United States (even if the parole period has expired), nonimmigrants with an I-94 or I-94W (even after their admission period has expired), noncitizens with immigrant or nonimmigrant visas issued before arrival, those in removal proceedings, individuals with employment authorization documents, those who applied for permanent residence (even if their applications were denied), and individuals issued Border Crossing Cards as registered for purposes of INA section 262. Noncitizens present in the United States without inspection and admission or inspection and parole, Canadian visitors who entered the country via land ports of entry and were not issued evidence of registration, and Deferred Action for Childhood Arrivals and Temporary Protected Status recipients who were not issued evidence of registration are considered unregistered and must comply with forthcoming guidance regarding registration.

The executive order specifically seeks to identify undocumented immigrants who were not inspected upon entry to the United States. Once the registration system takes effect, Immigration and Customs Enforcement agents and other law enforcement officials will be able to request evidence of registration from individuals within the United States. Failure to provide this evidence may result in detention and removal, though individuals may be deported even if they provide evidence of registration.

Potential Impacts of the Executive Order

The executive order may impact undocumented immigrants in the following ways:

  • Increased Enforcement: The order prioritizes the removal of non-citizens and expands the use of detention facilities. Undocumented immigrants may face detention and expedited removal processes.
  • Use of Military Forces: The order includes provisions for the use of military forces to support immigration enforcement activities, both at the border and within the country’s interior. This increases the manpower available for deportation operations.
  • Expedited Removal: The order prioritizes using expedited removal processes, which allow for quicker deportations without the need for lengthy court proceedings.
  • Revocation of Previous Policies: The order revokes previous executive orders that may have provided protections or slowed down the deportation process.
  • Additional Executive Authority: The declaration of a national emergency at the southern border unlocks additional executive authority and funding for border security and deportation efforts. This includes the use of Department of Defense resources to support immigration enforcement.
  • Registration Requirements: Undocumented immigrants must register and be fingerprinted if they remain in the United States for 30 days or longer. Failure to comply with these registration requirements may result in criminal and civil penalties, including fines and misdemeanor prosecution that may ultimately lead to removal processes.
  • Impact on Sanctuary Jurisdictions: The order restricts federal funding to sanctuary jurisdictions that do not cooperate with federal immigration enforcement. This may strain relationships between federal agencies and local governments, and potentially reduce resources available to undocumented immigrants in those areas.
  • Overburdened Systems: The increased enforcement and detention measures may overburden immigration detention centers and court systems, leading to delays and backlogs in immigration proceedings.
  • Potential Hardships: Enforcement policies may lead to humanitarian concerns, including family separations and detainee treatment.

Considerations for Noncitizens

Noncitizens present in the United States should consider taking steps to enhance compliance with the new executive order and immigration regulations, including the following:

  • Comply with Registration Requirements: Create a USCIS account as the executive order mandates.
  • Stay Informed and Monitor Policy Changes: Keep up to date with changes in immigration policies and executive orders that may affect their status.
  • Legal Updates: Follow updates and information disseminated from organizations and government agencies that specialize in immigration law.
  • Maintain Valid Documentation: Ensure that visas, passports, and any other immigration documents are valid and up to date. This includes renewing passports at least six months prior to expiration and keeping copies of all important documents.

The Trump administration has issued a number of executive orders since taking office that impact immigration. While these do not directly target employers or address business immigration, they nevertheless may impact employers and their workforce.

Continue reading, “Summary of 2025 Immigration-Related Executive Orders.”

Immediately after assuming office on Jan. 20, 2025, President Donald Trump began issuing numerous executive orders. While they may not immediately impact business immigration, many of them presage changes in the business immigration landscape. The following is an analysis of several of these executive orders from that perspective:

  • Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats. This executive order largely reiterates Trump’s Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats, an executive order from his previous term. It tasks various government agencies with reviewing all visa programs to prevent foreign nation-states or other hostile actors from hurting the United States. This order will most likely result in an increase in scrutiny of visa applications and an increase in processing times across the board for all business immigration. We can expect an increase in the number of visa applications subject to administrative processing. These effects may discourage business immigration as business realities clash with system slowdowns.
  • America First Trade Policy. This executive order largely reiterates Trump’s Executive Order 13788, Buy American and Hire American (BAHA), from his previous term. The U.S. Trade Representative has been directed to review the implementation of trade agreements to ensure they favor domestic workers and manufacturers, consistent with the principles of that prior executive order. This may lead to a tightening of the labor market, as companies could be discouraged from hiring available foreign national candidates for positions. This could lead to an immigrant brain-drain as highly skilled immigrants trained at U.S. universities and institutions potentially immigrate to countries such as Canada. The USTR’s review may also affect treaty-based visas, such as the TN, E-1, E-2, and H-1B1 visas. Trump also issued America First Policy Directive to the Secretary of State, which may result in increased scrutiny of employment-based visa applications, as BAHA did under Trump’s previous term.
  • Guaranteeing the States Protection Against Invasion. This executive order characterizes migration at the southern border as an “invasion” and imposes vetting requirements on those immigrating to the United States. The likely impact is to create enhanced medical and security requirements for immigrants entering the U.S. While this executive order is drafted with the southern border in focus, Customs and Border Protection and the Department of Homeland Security will likely impose additional restrictions on business immigration as well, potentially creating travel disruptions due to inconsistent experiences at points of entry.
  • Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists. The designation of criminal organizations in the United States and Central America may portend a crackdown on and enhanced vetting of immigrants, including business immigrants, from areas where these organizations operate. This could cause slowdowns in business immigration across the southern border with Mexico.
  • Protecting the American People Against Invasion. This executive order expands expedited removal and revokes humanitarian parole programs created by the prior administration. Individuals who have secured status under those programs will be unable to renew work permits. It may also result in the return of “public charge” policies, which previously resulted in a slowdown for business immigrants seeking lawful permanent residency status. Furthermore, increased scrutiny and interior enforcement may lead businesses to forego hiring immigrant workers.
  • Protecting the Meaning and Value of American Citizenship. This executive order seeks to re-interpret the Constitution’s guarantee of citizenship for those born within the United States territory and who are subject to the jurisdiction of the United States. Notably, this executive order attempts to remove the grant of citizenship to certain business immigrants’ children born in the United States. Lawsuits have been filed challenging the impact of this executive order. This action may lead to increased difficulties for companies in recruiting and retaining foreign workers.

Conclusion

While these orders do not have an immediate impact on business immigration, they will likely cause an increase in administrative costs for companies with foreign workers and create retention challenges for companies. This may lead to an immigrant brain-drain, as highly skilled professionals, some of whom have been trained and educated in the United States, potentially seek to leave the country.

The second Trump administration has moved quickly to implement its campaign promises on immigration, issuing a series of executive orders aimed at tightening border security, curbing illegal immigration, and enhancing interior enforcement. Florida Gov. Ron DeSantis has announced complementary legislative proposals for his state, positioning Florida as a key player in supporting these federal efforts.

Highlights of the New Executive Orders

  1. National Emergency Declaration at the Southern Border

President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity.

  1. Designation of Drug Cartels as Foreign Terrorist Organizations

The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

  1. End of Humanitarian Parole Programs

The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

  1. Changes to Asylum and Refugee Policies

The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.

Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

  1. Enhanced Interior Enforcement

Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

  1. End Birthright Citizenship

One of the key announcements is the effort to end birthright citizenship—one of President Trump’s most ambitious immigration efforts. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. Trump’s effort to end it is expected to face legal challenges.

  1. Reaffirming the 2017 ‘Buy American and Hire American’ Executive Order in the America First Trade Policy

During the first Trump Administration the government was directed to focus on ensuring that policies favored domestic workers. This has ramifications in business immigration policy and workplace enforcement.

Florida’s Role in Supporting Federal Immigration Goals

Gov. DeSantis has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

  • Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
  • State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
  • Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
  • Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
  • Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
  • Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges

These sweeping changes represent a hardline stance on immigration and signal a shift toward aggressive enforcement measures. However, these policies are expected to face legal and logistical challenges:

  • Legal Challenges: Immigration and civil rights organizations are likely to challenge the restrictions on asylum, the national emergency declaration, and other measures.
  • Operational Coordination: Effective implementation of expanded 287(g) programs and deportation initiatives will require coordination between federal, state, and local agencies.

On Oct. 30, 2023, President Biden issued a wide-ranging executive order (EO) on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The stated goal of this order is promoting “responsible innovation, competition, and collaboration that will allow the United States to lead in AI and unlock the technology’s potential to solve some of society’s most difficult challenges.” Among the many provisions included in the EO are directives to federal agencies and departments, including the State Department and the Department of Homeland Security, to develop policies and procedures in support of attracting and retaining foreign nationals working and studying in the field of artificial intelligence (AI).

Section 5, titled “Promoting Innovation and Competition,” specifically addresses immigration concerns and includes the following directives:

Related to consular processing

  • Within 90 days, the Secretary of State and the Secretary of Homeland Security “shall (i) streamline processing times of visa petitions and applications, including by ensuring timely availability of visa appointments, for noncitizens who seek to travel to the United States to work on, study, or conduct research in AI or other critical and emerging technologies; and (ii) facilitate continued availability of visa appointments in sufficient volume for applicants with expertise in AI or other critical and emerging technologies.”

Related to J-1/F-1 visa holders

  • Within 120 days, the Secretary of State will “(i) consider initiating a rulemaking to establish new criteria to designate countries and skills on the Department of State’s Exchange Visitor Skills List as it relates to the two-year foreign residence requirement for certain J-1 nonimmigrants, including those skills that are critical to the United States and (ii) consider publishing updates to the 2009 Revised Exchange Visitor Skills List (74 FR 20108), and (iii) consider implementing a domestic visa renewal program under 22 C.F.R. 41.111(b) to facilitate the ability of qualified applicants, including highly skilled talent in AI and critical and emerging technologies, to continue their work in the United States without unnecessary interruption.”
  • Within 180 days, the Secretary of State shall “(i) consider initiating a rulemaking to expand the categories of nonimmigrants who qualify for the domestic visa renewal program covered under 22 C.F.R. 41.111(b) to include academic J-1 research scholars and F-1 students in science, technology, engineering, and mathematics (STEM); and (ii) establish, to the extent permitted by law and available appropriations, a program to identify and attract top talent in AI and other critical and emerging technologies at universities, research institutions, and the private sector overseas, and to establish and increase connections with that talent to educate them on opportunities and resources for research and employment in the United States, including overseas educational components to inform top STEM talent of nonimmigrant and immigrant visa options and potential expedited adjudication of their visa petitions and applications.”

Related to individuals of extraordinary ability and H-1B visa holders

  • Within 180 days, the Secretary of Homeland Security will “(i) review and initiate any policy changes the Secretary determines necessary and appropriate to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including O-1A and EB-1 noncitizens of extraordinary ability; EB-2 advanced-degree holders and noncitizens of exceptional ability; and startup founders in AI and other critical and emerging technologies using the International Entrepreneur Rule; and (ii) continue its rulemaking process to modernize the H-1B program and enhance its integrity and usage, including by experts in AI and other critical and emerging technologies, and consider initiating a rulemaking to enhance the process for noncitizens, including experts in AI and other critical and emerging technologies and their spouses, dependents, and children, to adjust their status to lawful permanent resident.”

Related to PERM applicants

  • Within 45 days the Secretary of Labor, in support of considering updates to the “Schedule A” list of occupations, 20 C.F.R. 656.5, “shall publish a Request for Information (RFI) to solicit public input, including from industry and worker-advocate communities, identifying AI and other STEM-related occupations, as well as additional occupations across the economy, for which there is an insufficient number of ready, willing, able, and qualified United States workers.”

On June 20, 2018, President Donald Trump signed an Executive Order (EO) titled “Affording Congress an Opportunity to Address Family Separation.” The stated purpose of this EO is to confirm the policy of the Administration with regard to immigration and entry of persons at the border.  The text of the EO restates the policy stance of this Administration to enforce the immigration laws with regard to entry at the border.  The text in the EO restates that a crime of improper entry is subject to a fine or imprisonment.  The Administration will continue to initiate proceedings to enforce this provision, among others.  In addition, under the “Policy” section of the EO, the Administration states that its policy is to “maintain family unity, including detaining alien families together where appropriate and consistent with law and available resources.”  The text of the EO encourages Congress to act upon legislation that will maintain family unity so that the Administration will not need to separate families to enforce the law.

The EO includes a section titled “Temporary Detention Policy for Families Entering this Country Illegally.”  This section includes provisions for illegal entries that will attempt to detain an alien family together, unless there is concern that the welfare of the child is at risk.  The Secretary of Defense is tasked with taking all measures to provide facilities, either those already in existence, or to construct them, to be able to house alien families.  The heads of other executive departments and agencies are also asked to make available any appropriate facilities. To keep alien families together, the EO contains a provision requiring the Attorney General to file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, so that alien families can be detained together throughout the pendency of criminal proceedings.

As events surrounding the signing of this Executive Order emerge, we will continue to update our blog.

President Trump signed a new Executive Order (EO) on Tuesday, the same day as the last travel ban’s provision against refugee admissions was due to expire.  The EO allows refugees to travel into the U.S. and the Department of Homeland Security to process refugee applications. The Trump Administration had previously blocked refugee travel through an EO issued on March 6, 2017, (“Protecting the Nation from Foreign Terrorist Entry into the United States”) which directed a review to strengthen the vetting process for the U.S. Refugee Admissions Program (USRAP). A working group was established for this purpose which resulted in the implementation of improvements and enhancements to the process for screening and vetting refugees. Although the USRAP is allowed to resume, the Departments of State, Homeland Security, and the Office of Director of National Intelligence determined that refugee admissions of 11 unnamed nationalities previously identified as potentially posing a higher risk to the United States will be processed with additional review on a case by case basis within a new 90 day review period and additional security measures will be implemented for following-to-join refugees of all nationalities that have already been resettled in the United States.  Admissions of following-to-join refugees will resume once those enhancements have been implemented.

For more information on the Trump Administration’s travel bans please click here.

On June 21, President Trump issued an Executive Order Amending Executive Order 13597. This Executive Order rescinds a  provision, subsection (b)(ii) of Section 2,  of an Obama Administration era Executive Order Establishing Visa and Foreign Visitor Processing Goals and the Task Force On Travel and Competitiveness that read, “ensure that 80 percent of nonimmigrant visa applicants are interviewed within three weeks of receipt of application.”

Many observers view this rescission as necessary due to conflicting timelines presented by the Executive Orders with ongoing more aggressive vetting of applicants.

On April 18, 2017, President Donald Trump signed an Executive Order (EO) titled “Buy American and Hire American.” The stated purpose of this EO is to protect the American economy by having the U.S. government and agencies focus on purchasing goods made in America, and to also protect American workers. The first part of the EO includes text that focuses on conducting studies and putting forth plans for federal agencies to immediately maximize the use and procurement of materials and products made in the United States—or “Buy American.”

The second part of the EO includes text that focuses on “Hire American,” that is, reviewing current U.S. immigration laws, specifically as they relate to nonimmigrant visa categories. A summary of the second part of the EO is below:

Ensuring the Integrity of the Immigration System in Order to “Hire American”:

  • The Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security are tasked with proposing new rules and issuing new guidance with the intent of protecting U.S. workers and eliminating fraud or abuse.
  • In addition, the text of the EO directs that reforms should be focused on ensuring that H-1B status is only granted to those who are the “most-skilled” or the “highest-paid.”

This EO comes only a few weeks after various U.S. federal agencies tasked with administering immigration law issued guidance and decisions with the intent of preventing fraud and abuse in the immigration system, specifically the H-1B program. The United States Citizenship and Immigration Service, the Department of Justice, and the Department of Labor all released statements and/or policy with regard to the H-1B program.  To see a summary regarding these statements and/or policies, please visit our previous post.

As this EO is general in nature and does not dictate any specific timelines for the “Hire American” portion, Greenberg Traurig will continue to monitor the conditions and changes. To receive updates, please subscribe to our blog.