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Executive Orders on Immigration: Trump Administration's Initial Policies

Written by Tina Zedginidze | Jan 23, 2025 4:45:50 AM

Below is a summary of the Trump administration’s Executive Orders affecting immigration. The specifics of how these Executive Orders will be implemented remain to be seen. 

Key Immigration-Related Executive Orders:

Rescission of Prior Executive Orders. Revokes various immigration-related orders from the Biden administration, including those benefiting STEM and AI high-skilled foreign workers. The rescission could impact stateside visa renewal, re-use of biometrics, streamlined visa processing through visa interview waivers, and other changes.

Birthright Citizenship: Strips citizenship from children born in the U.S. after February 19, 2025  (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary. This will include children born to lawful temporary visa holders such as H-1B or O-1. A lawsuit has already been filed challenging this unconstitutional policy. 

Enhanced Visa Vetting and Screening: "Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats”  directs federal agencies to enhance screening and vetting processes for foreign nationals, including stricter procedures for visa issuance, immigration benefits, and entry at U.S. ports. It also provides a 60-day review period to identify countries "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" potentially leading to travel bans with a review of past admissions since January 20, 2021.

America First U.S. Trade Policy: Initiates review for the U.S.-Mexico-Canada Agreement (USMCA) review, potentially impacting TN visas.

America First Policy Directive: Similar to the previous "Buy American, Hire American" directive. This executive order is likely to impact visa issuance decisions abroad. 

Suspension of Refugee Admissions: Halts the U.S. Refugee Admissions Program starting January 27, 2025.

Cartels Designated as Terrorist Organizations: Orders immediate operational actions to classify and address cartels and related entities as foreign terrorists.

 

Border Specific Executive Orders:

Suspension of Entry at the Southern Border: Frames asylum seekers at the southern border as an "invasion," invoking Article II powers to suspend entry.

U.S. Border Security Enhancements: Calls for increased physical barriers, border personnel, detention capacity, return of the Remain in Mexico policies, and stricter identification and prosecution measures.

Military Role in Border Security: Assigns U.S. Northern Command the responsibility for securing borders against mass migration, trafficking, and related activities.

National Emergency at the Southern Border: Authorizes military deployment, additional barriers, and reallocation of funds for border wall construction.