As you may be aware, since his inauguration, President Trump has already issued a flurry of executive orders and has rescinded numerous Biden-era orders.  One of the main areas of focus during Trump’s campaign was immigration reform and as expected, on January 20th and 21st, 2025, President Trump declared a national emergency and issued several executive orders on immigration.  The Executive Orders address enhanced vetting of visa applicants, birthright citizenship, border security, the U.S.‑Mexico-Canada Agreement, asylum, and refugee program.

The Executive Order, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” calls for enhanced vetting and screening measures across agencies to identify all resources that may be used to ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible.  The Executive Order directs all agencies to be thorough in vetting during visa issuing process.

The Executive Order, “Protecting the Meaning and Value of American Citizenship,” limits birthright citizenship. To acquire U.S. citizenship automatically, children born on or after February 19, 2025, in the U.S. must have at least one parent who is a Legal Permanent Resident (green card holder) or a U.S. citizen, regardless of physical presence.  In addition, citizenship would also no longer be granted children born to individuals on temporary visas, including employment-based visas. The Executive Order is scheduled to take effect on February 19, 2025 however a legal challenge has already been filed.

The Executive Order, “Protecting the American People Against Invasion,” directs agencies to take all appropriate action to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible, to enforce final orders of removal, and encourages an increased use of detention pending removal from the United States.

Employers should begin preparing for the impact of these Orders and expect an increase in I-9 audits by U.S. Immigration and Customs Enforcement (“ICE”).  This is in line with the trend seen in Trump’s first presidency.  Notably, there are harsh penalties for mistakes on I-9 forms, which can include fines as high as several thousand dollars per I-9 paperwork violation, and more than $5,000 for knowingly employing an unauthorized worker, which increases with each violation.  It is recommended that companies conduct internal audits of their I-9 records to ensure compliance.

Employers should also prepare for the possibility of ICE conducting widespread workplace raids to detain or deport workers.  It’s crucial to plan for managing unannounced site visits from federal officers seeking to enforce new and existing immigration laws.

We will closely monitor these evolving immigration policies and continue to update you on developments as they arise. Should you have any questions, please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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