United States | Summary of Jan. 20 Executive Orders that may impact corporate immigration

On Jan. 20, President Trump signed multiple Executive Orders (EOs) that are focused on immigration. Within those EOs are over 50 directives to government agencies.

Key Points:

• Following are takeaways from President Trump’s EOs:
  • Travel Bans: Trump did not impose any immediate travel bans but did set up a 60-day review process to identify countries that may warrant a later travel ban. Government agencies were directed to implement enhanced vetting and screening, which will likely lead to delays at consular posts and with U.S. Citizenship and Immigration Services applications.
  • Birthright Citizenship: The “Protecting the Meaning and Value of American Citizenship” EO directs agencies not to recognize birthright citizenship for a child born in the U.S. if the father is not a citizen or green card holder and the mother is either in the U.S. unlawfully or in the U.S. lawfully but temporarily. The EO applies to births 30 days after publication. Litigation challenging this policy has already been filed in court.
  • Nationality-Based Parole Programs: The “Securing Our Borders” EO directs agencies to terminate categorical parole programs. The EO only explicitly referenced the programs granting parole to qualifying nationals of Cuba, Haiti, Nicaragua and Venezuela, but other similar programs for nationals of Ukraine and Afghanistan will also be terminated. At this time, the language does not specify any effect to current parole or work authorization for individuals already in the U.S.
  • Border and Interior Enforcement: The “Securing Our Borders” EO also declared a national emergency, which allows the Department of Defense to support border construction and deploy personnel and funds in support of the Department of Homeland Security. The EO also required DHS to cease use of the CBP One app and terminate all categorical parole programs. Shortly after President Trump was sworn in, and before the EO was published, Customs and Border Protection (CBP) removed the scheduling function from its CBP One app.
  • Temporary Protected Status: The “Protecting American People Against Invasion” EO directs the agencies to review the country determinations.
  • Refugee Program: The “Realigning the United States Refugee Admissions Program” (USRAP) EO immediately suspended USRAP and subjects the program to a 90-day review. If it resumes, states and localities may have a say in whether refugees are resettled in their geographies.
• Other EOs and memorandum impact other aspects of U.S. immigration, with a focus on border security and enforcement. The president also targeted federal government hiring practices and workforce, which could impact U.S. immigration processing in the months and years to come.
• President Trump also rescinded a number of prior EOs, including President Biden’s EOs on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

Additional Information: There was no direct reference to the Deferred Action for Childhood Arrivals (DACA) program. Immigration policies and practices are subject to change, especially at the start of a new presidential administration. Employers are encouraged to work with their BAL team to determine the impact of policy changes on their program. BAL is monitoring policy developments and will continue to provide updates as more information is released.

This alert has been provided by the BAL U.S. Practice Group.

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