Immigration

United States | A guide to day 1: President Trump issues a series of immigration—related Executive Orders on first day of presidency

Summary

On January 20th, 2025, shortly after newly elected President Donald J. Trump was sworn in as the next President of the United States, the President issued a series of Executive Orders over a broad range of topics, including immigration, energy, crime, and the structure of the government. Many of the Executive Orders fulfill campaign promises that were made during the course of the election season.

The detail

Below is a summary of the immigration-related Executive Orders that were issued on January 20th and the potential impact each order may have on immigration in the United States:

 

Executive Order	Summary of Executive Order	Potential Impact
Guaranteeing the states’ protection against invasion	The Order states that the sheer number of aliens entering the United States has overwhelmed the immigration system and impacted the government’s ability to prevent aliens posing threats to public health, safety, and national security from entering the United States The current situation at the southern border qualifies as an invasion under the US Constitution The Order immediately suspends the physical entry of aliens involved in an invasion into the United States across the southern border until the President determines that the invasion has concluded	It is anticipated that legal entry into the United States at the southern border will continue US Customs and Border Protection (CBP) will likely suspend the acceptance of refugee and asylum applicants at the southern border By declaring an “invasionˮ of the southern border, it will allow the President to send military troops, the means of which are outlined in other Executive Orders issued on January 20th (see below)
Designating cartels and other organizations as foreign terrorist organizations and specially designated global terrorists	The Order creates a process by which certain international cartels (the Cartels) and other organizations will be designated as foreign terrorist organizations Within 14 days of the order, the Secretary of State and Department of Homeland Security must make recommendations regarding the designation of cartels as foreign terrorist organizations	While the Executive Order will likely not have an immediate impact on immigration, it is possible the US federal government will take military action along the southern border in the future If this occurs, it could lead to a temporary closure of the southern border or delays in legal immigration and visa processing
Establishing and implementing the Presidentʼs “Department of Government Efficiencyˮ (DOGE)	The Executive Order establishes the Department of Government Efficiency to implement the Presidentʼs DOGE agenda, by modernizing federal technology and software to maximize governmental efficiency and productivity The department will be publicly renamed as the United States DOGE Service (USDS) and will be established in the Executive Office of the President	The Order states that DOGEʼs mandate will be to modernize technology and software. It does not state that DOGE will examine governmental inefficiencies While the Order is not directly immigration related, the new department may implement new technology or software for use in the adjudication of immigration benefit applications or petitions
Protecting the United States from foreign terrorists and other national security and public safety threats	As part of the visa issuance process, this Order creates an enhanced vetting and screening process across immigration agencies Specifically, the Order requires the Secretary of State and Department of Homeland Security to establish new uniform baseline standards for screening and vetting, and procedures with the aim of identifying security risks unique either to the individual or the region The Order also requires certain agencies to report, within 60 days, which countries require additional vetting and screening processes	An additional vetting and screening process could lead to significant delays of visa issuance at US consular posts around the world or admission at US ports of entry It remains to be seen whether this Executive Order, which requires additional vetting and screening as part of the visa issuance process will be applied to all countries or to only a select group of countries This Order may also serve as the basis for subsequent Executive Orders implementing travel bans from certain countries that are deemed a security risk. It remains to be seen if travel bans will be implemented in the coming weeks
Protecting the American People against invasion	A sweeping Executive Order focusing on measures to curtail illegal immigration The Order revokes several immigration related Executive Orders implemented during the Biden administration, including eliminating the taskforce responsible for reuniting families who were separated at detention Authorizes the Secretary of Homeland Security to ensure the efficient and expedited removal of aliens from the US Authorizes the creation of additional detention centers Suspends federal funding for sanctuary jurisdictions which interfere with federal enforcement operations Denies public benefits to illegal aliens Authorizes the hiring of additional agents for US Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)	This Executive Orderʼs main purpose is to provide additional funding and tools for federal agencies to capture illegal immigrants and proceed with deportation proceedings The Order also encourages illegal immigrants to voluntarily depart
Securing our borders	This Order authorizes the construction of a wall along the southern border Eliminates the “catch and releaseˮ program whereby illegal immigrants are caught by CBP and then released in the US while waiting for their immigration court hearing	This Executive Order is focused solely on curbing illegal immigration into the United States and provides additional guidance to federal agencies on detailing and removing illegal aliens After the signing of this Order, US CBP cancelled immigration appointments for would-be migrants at the southern border following cessation of the CBP One app, which was used to book appointments at the port of entry in Mexico
Protecting the meaning and value of American citizenship	This Executive Order eliminates “birthright citizenshipˮ, the right of a person born to illegal immigrant parents or parents who are visiting temporarily in the US, to obtain automatic US citizenship by virtue of being born in the United States The 14th amendment of the US Constitution states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they resideˮ The Order argues that the 14th amendment does not apply to individuals born in the US to parents who reside in the US illegally or on a temporary visa	Lawsuits have already been filed challenging the constitutionality of this Executive Order It is presently unclear whether the courts will allow this Executive Order to be upheld
Realigning the United States Refugee Admissions Program	The Order temporarily suspends the US Refugee Admissions Program (USRAP), with exceptions on a case-by-case basis, as of 12:01 am EST on January 27, 2025 The USRAP is a humanitarian program managed by the US government that allows individuals fleeing persecution or fear of persecution to seek refuge in the United States. The program provides protection to those who are unable to return to their home countries due to factors such as race, religion, nationality, membership in a particular social group, or political opinion. The US accepts refugees based on their vulnerability and need for resettlement The Secretary of the Department of Homeland Security has 90 days to recommend whether the program should resume	Presently it is unclear how long the USRAP program will be suspended Suspension of the program will lead to a reduction in the number of refugees the US admits annually
Declaring a National Emergency at the southern border of the United States (Proclamation)	This Proclamation officially declares that a national emergency exists at the southern border Authorizes the use of the Armed Forces along the southern border Authorizes the use of physical barriers and unmanned aerial systems along the southern border	Similar to the Executive Orders that were issued, this Proclamation primarily focuses on curtailing illegal immigration along the southern border through the use of the Armed Forces, physical barriers and unmanned aerial systems
Hiring Freeze (Memorandum)	The Memorandum implements a freeze on the hiring of Federal civilian employees, to be applied throughout the executive branch. As part of this freeze, no federal civilian position that was vacant at noon on January 20, 2025, may be filled, and no new position may be created This freeze applies to all executive departments and agencies regardless of their sources of operational and programmatic funding The Memorandum does not apply to military personnel of the armed forces or to positions related to immigration enforcement, national security, or public safety Within 90 days of the date of the Memorandum, the Director of the Office of Management and Budget (OMB), must submit a plan to reduce the size of the federal governmentʼs workforce through efficiency improvements and attrition	While not directly immigration related, a hiring freeze of federal workers may potentially impact the processing of immigration benefit applications and petitions If the hiring freeze continues for an extended period of time, we may see longer processing times for immigration benefit applications and petitions

It is anticipated that over the course of the next several weeks, President Trump will issue further Executive Orders that will have an impact on immigration. Vialto will continue to monitor and provide additional updates as they become available.

We will be hosting a webinar to help you navigate the changes just announced and the impact of these Executive Orders on corporate immigration strategies on Thursday, January 30th at 1:30pm EST. Please click here to register. 

In the next few weeks, Vialto will also publish a comprehensive and analytical article that assesses the collective impact of the executive actions that directly or indirectly affect companies and their immigration programs.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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