Following his inauguration on January 20, 2025, President Trump enacted a series of
immigration-related Executive Orders (EOs) that are expected to significantly affect
employers and their business operations. While much of the media coverage has centered
on border security, asylum policies, refugee admissions, deportations, and birthright
citizenship, there are other provisions within these EOs that could have an even greater
impact on U.S. employers. Although legal challenges are anticipated, many of these policies
may ultimately be upheld and implemented. Below is an overview of key EOs and their
potential implications for businesses.

Birthright Citizenship Restrictions

This EO instructs federal agencies to deny U.S. citizenship to children born in the U.S. if
their mothers are undocumented or present on temporary visas, unless the father is a U.S.
citizen or green card holder. Beginning 30 days after the EO’s enactment, affected children
will be ineligible for U.S. passports and may face an uncertain legal status at birth.

Legal Challenges: Multiple lawsuits have been filed contesting this EO. A U.S. District Court
judge in Seattle has temporarily blocked its enforcement, citing constitutional concerns.

Impact on Employers:

· Increased costs for visa sponsorship if employers cover dependent visa fees.

· Potential travel complications for employees on work visas, as their U.S.-born children
may require foreign passports and visas.

· Long-term retention challenges for employees from countries with long green card
backlogs, as affected children could lose status at age 21.

Enhanced Visa Vetting

A new EO mandates stricter screening for visa applicants, reinstates travel bans for certain
countries, and restores the visa vetting framework used during Trump’s first term. Previous
travel bans targeted nations such as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen,
and similar restrictions are expected.

Impact on Employers:

· Prolonged visa processing times due to intensified background checks.

· Increased risk of travel disruptions for employees from restricted countries.

· Challenges in obtaining visa extensions or changes of status for affected employees.

· Broader disruptions to business travel for employees on temporary work visas.

Rollback of Biden-Era Immigration Policies

President Trump has revoked 78 of President Biden’s EOs, including EO 14012, which
aimed to reduce Requests for Evidence (RFEs) and denials for immigration petitions. The
new policy restores stricter USCIS adjudication standards from Trump’s first term,
eliminating deference to prior approvals and increasing scrutiny of visa petitions.

Impact on Employers:

· Higher likelihood of visa petition denials and increased employer burden in demonstrating
eligibility.

· Longer processing times and higher costs for employment-based immigration petitions.

· Reduced flexibility in sponsoring employees for work visas.

· More frequent RFEs and Notices of Intent to Deny, creating uncertainty for affected
employees.

· Potential changes to H-1B program rules, including wage increases and new specialty
occupation definitions.

· Possible restrictions on work authorizations such as F-1 OPT and H-4 EADs, forcing
employers to reconsider hiring strategies.

Potential Termination of Humanitarian Parole and Temporary Protected Status (TPS)

A new EO restricts the use of Humanitarian Parole and seeks to limit TPS designations.
During Trump’s first term, efforts to terminate TPS for multiple countries faced legal
challenges, and similar court battles are expected.

Impact on Employers:

· Workers with Humanitarian Parole may lose employment authorization if renewal is
denied.

· TPS holders may face uncertainty as court challenges proceed, requiring careful
monitoring of their work authorization status.

· Employers must stay vigilant on employment authorization deadlines to ensure I-9
compliance.

Creation of Homeland Security Task Forces

A newly established task force prioritizes the removal of undocumented individuals and
strengthens federal, state, and local collaboration on immigration enforcement. This EO is
expected to result in increased workplace audits, site visits, and enforcement actions by
Immigration and Customs Enforcement (ICE).

Impact on Employers:

· Increased fear and absenteeism among workers concerned about their immigration status.

· Potential liability for employers, including fines for I-9 violations and knowingly employing
undocumented workers.

· Risk of criminal penalties, including fines up to $250,000 and up to 10 years in prison for
harboring undocumented employees.

· Possible debarment from federal contracts for noncompliance.

· Operational and reputational risks due to heightened enforcement efforts.

Final Thoughts

Employers must prepare for significant shifts in immigration policy under the Trump
administration. Given the potential legal and operational impacts, businesses should review
their immigration compliance strategies, anticipate increased scrutiny, and remain informed
about ongoing litigation that may affect these policies. Proactively working with legal
counsel and HR teams will be essential to navigating this evolving landscape.

As always, please do not hesitate to contact Oke Legal Group at 469-706-0191 or via email
with any questions.

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