President Trump’s Initial Immigration Actions and Potential Impacts on Employers

By Rebecca A. Winterscheidt, James P. Melendres, Benjamin A. Nucci, Jessica Van Ranken, and Courtney Moore

Within the first few hours of his second presidential term, President Trump signed several new executive orders and rescinded many Biden administration executive orders concerning immigration. These orders, particularly those involving heightened scrutiny towards visa applications, will impact employers who employ or intend to hire workers who require sponsorship. Below is an overview of four of President Trump’s initial executive orders impacting United States immigration law.

This executive order directs federal agencies to engage in enhanced vetting and screening when issuing visas and determining the admissibility of visa applicants. It requires the U.S. Department of State and U.S. Department of Homeland Security to “vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks.” Enhanced vetting of visas will likely result in delays for applicants at consulates and when applying for visas through U.S. Citizenship and Immigration Services (USCIS), due to more intensive scrutiny over applications.

Further, the order signals potential bans on admissibility aimed at particular countries, by requiring the Secretary of State, Attorney General, Secretary of Homeland Security, and the Director of National Intelligence to issue a report within 60 days of the order “identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)).” It remains to be seen which countries will be identified in such a report, but its issuance could lead to individuals from certain countries being barred from obtaining visas in the United States.

President Trump signed an executive order attempting to limit birthright citizenship in the United States. For children born after February 19, 2025, the order would deny citizenship to (a) a child whose mother is unlawfully present in the United States and whose father is not a citizen or lawful permanent resident at the time of the child’s birth and (b) a child whose mother is lawfully, but temporarily, in the United States (in a status such as B-1/B-2, F-1, H-1B, L-1, TN, O-1, or P-1), and the father is not a citizen or lawful permanent resident. On January 23, 2025, the U.S. District Court for the Western District of Washington issued a Temporary Restraining Order enjoining the implementation of this Executive Order for 14 days.

This executive order directs government agencies to reassess existing trade policy, which could result in updates to eligibility and requirements for TN visas. Canadian and Mexican workers use TN visas to enter the United States to work qualified professional occupations. This order mandates the United States trade representative to “assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement.” There is concern that this order could lead to shifts in TN policy, such as a stricter interpretation of job categories and qualifications.

In this order, President Trump has instructed the federal government to prioritize prosecution of criminal offenses concerning the unauthorized entry or presence of foreign nationals in the United States. The order references the expansion of additional detention facilities; requiring undocumented individuals to register their presence; and creating a federal Homeland Security Task Force in states to coordinate enforcement priorities.

The order also commits to ensuring the assessment and collection of fines and penalties from foreign nationals unlawfully present in the United States and from “those who facilitate such aliens’ presence in the United States.” It is possible that this order may be relied upon to fine and penalize employers who with or without knowledge employ unlawfully present individuals.

Additionally, this order requires the U.S. Department of Homeland Security to restrict sanctuary cities’ access to federal funds, and to evaluate criminal or civil penalties for sanctuary city jurisdictions.

Takeaways

Snell & Wilmer will continue to monitor immigration-related updates from the Trump administration. These executive orders and other actions from President Trump are expected to have a significant impact on employers’ sponsorship of foreign nationals. As was signaled pre-inauguration, the administration is focused on identifying and taking action against unlawfully present individuals, in part by targeting workforces that rely on foreign national employees.

Make sure your company is compliant with all federal regulations, including Form I-9 requirements. Consider auditing existing Form I-9s prior to receiving a Notice of Inspection as a proactive means of mitigating potential exposure. Also consider establishing a protocol for how your organization will handle any notice that your workplace will be inspected by the federal government. Experienced counsel can help advise you on how to minimize risk and respond to time-sensitive immigration issues that may arise.