Specific Executive Orders Relating to U.S. Immigration
1. National Emergency at the U.S. – Mexico Border - Resulting in increased scrutiny relating to the hiring of foreign nationals and stricter enforcement of employer verification processes.
2. Declaration of an invasion at the Southern Border to suspend entry for anyone engaged in an invasion.
3. Assign the U.S. military to seal the border and repel mass migration events
4. Reinstatement of the “Remain in Mexico” Policy – Requiring that asylum seekers wait in Mexico while their U.S. immigration cases are processed with the goal of deterring unlawful entry, resulting in fewer asylum requests. Tis is a resurrection of prior policy during the first Trump administration.
5. End Birthright Citizenship – Effective February 20, children of women unlawfully present in the United States and the parents present lawfully but temporarily (such as on a valid work or student visa) will no longer be considered U.S. citizens at birth if the father is not a U.S. citizen or permanent resident. Children will not be issued U.S. passports, nor will they be eligible for federal benefits or programs. Te ACLU and 28 states have already sued to challenge this order as a violation of the 14th Amendment to the U.S. Constitution. As of January 23, 2025, implementation of this Executive Order has been halted by a Federal Judge.
6. Termination of the Asylum-Related Mobile App – Tis Executive Order terminates the use of “CBP- One” – the mobile application used to schedule asylum appointments. Results will be the reduction and deterrence of asylum applicant applications at the U.S. border and entry points.
7. Designation of Mexican Criminal Cartels as Terrorist Organizations – Leading to increased security measures and potential supply disruptions, especially to businesses operating near the border with resultant cross-border trade being impacted.
8. Additional Vetting of Visa Applicants and possible suspension of visas for certain countries – to take effect with recommendations.
9. Rescission on prior administration’s civil immigration priorities and enforcement, thereby expanding enforcement of immigration policies on I-9 audits and ICE workplace raids.
10. Rescission of family reunification initiative of prior administration, thereby reinstating child separation policy.
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11. Rescission of refugee resettlement initiatives has immediately impacted Afghan refugees who are banned from boarding flights to the U.S. as of January 20, 2025.
12. Reestablishing “America First” Trade Policy, which may impact TN visas for Canadian and Mexican professionals, depending on the Administration’s assessment of the United States-Mexico-Canada Agreement (USCMA) .
Considerations for U.S. Employers – I-9 Compliance and related factors
• Establish an I9 Audit and Compliance Program – Review this on a regular basis. If an Audit does occur, you and your company are ready. Tis would include training your employees to familiarize themselves with the documentation necessary to identify new hires and employment authorization documents. Te USCIS M274 Training Handbook is indispensable. (Handbook for Employers M274 | USCIS).
• Consider participation in EVerify – It is possible that the new administration will make E-Verify a mandatory requirement for all businesses. Tis will likely provide U.S. employers with a ‘safe harbor’ in the form of reduced penalties in the event of an Audit. Te EVerify website can be found here: https://www.e-
verify.gov.
• Be prepared for a realignment of the USCMA (U.S. Mexico Canada Pact) – Watch for changes in the Free Trade Agreement between the U.S.A., Mexico, and Canada. Tere can be a visa fallout from any changes to this agreement relating to the TN NAFTA Visa, B1 visitor visas, and H1B, H-2A, and H-2B work visas.
• Prepare for delays in visa issuance at consular posts – Due to additional vetting and scrutiny, it is possible that delays in visa issuance at consular posts will result in the inability to swiftly transfer employees to the United States.
• Prepare for issuance of Requests for Evidence as the new Administration is expected to rescind its deference policy for prior approvals and apply stricter scrutiny to work visa petitions.
Other executive actions and new immigration initiatives are on the horizon. In addition, many immigrants to the U.S. both legally and illegally are justifiably concerned about how these programs will affect their families and those of their friends and neighbors. What that level of concern will be and how it will impact your company’s workforce remains to be seen. Prepare for the Upheaval.
Suz Trusty is co-editor of Turf News. TPI Turf News March/April 2025
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