Immigration Lawyer Explains New Executive Orders by President Trump
Reviewed by: Nicole Gunara, Managing Attorney at Manifest Law
On January 20, 2025, President Trump signed six key executive orders that focus on overhauling various aspects of U.S. immigration policy. These sweeping changes could have significant implications for immigrants, noncitizens, and those planning to immigrate to the United States. Whether you’re currently in the U.S., planning to come, or navigating a specific visa process, these orders might affect you.
In this article, we break down each executive order and explain the potential impact for different groups, so you can stay informed and prepared as these policies unfold.
Changes to U.S. Birthright Citizenship
Read the Executive Order: Protecting the Meaning and Value of American Citizenship
What’s changing?
This executive order emphasizes the importance of American citizenship and effectively ends birthright citizenship for certain infants born in the United States starting at least 30 days from January 20, 2025. It is important to note that this order is not retroactive.
Who is affected?
- Certain Infants: Certain children who are born with the below conditions met will not be granted birthright citizenship.
- Born on or after February 19, 2025;
- Do not have at least one parent in possession of a green card (lawful permanent resident) status and/or is a U.S. citizen at the time of the child’s birth.
What should you do?
Many organizations, groups, and states have filed lawsuits against the government challenging this particular order. It is very possible that, due to these lawsuits, the order may be paused leading to the order not taking into effect as planned on February 19, 2025. For those presently expecting, you may want to keep up to date with the news cycle and seek legal advice on how the new order might affect your child’s status.
America First Trade Policy: Stricter Employment and Business Rules for Foreign Nationals
Read the Executive Order: America First Trade Policy
What’s changing?
This order emphasizes the initiative of the new administration and the relevant agencies in reviewing and revisiting trade agreements between the United States and foreign countries. One of the highlighted agreements is the United States-Mexico-Canada Agreement (also known as the USMCA; or previously, the ‘NAFTA’ agreement). .
Who is affected?
- Potential Impact on TN Workers: The USMCA serves as the legal underpinning of the important TN visa that many Canadians and Mexicans utilize to work in the United States. Should the government opt to withdraw from the agreement, the TN visa may be at risk.
What should you do?
If you’re a noncitizen working in the United States on a TN Visa, consider approaching or having knowledge of alternative options to pivot into. Both employers and TN visa holders should consult immigration lawyers to ensure that a good back up plan is in place should the TN be at significant risk.
Stronger National Security Measures: Increased Vetting for Immigrants and Visa Holders
Read the Executive Order: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
What’s changing?
This executive order calls for increased vetting and background checks for individuals seeking to enter the U.S. It is designed to prevent individuals linked to terrorism or criminal activity from entering the country.
Who is affected?
- Visa Applicants and Refugees: If you’re applying for a visa or seeking refugee status, expect more extensive background checks and more stringent requirements to prove your security risk profile. It’s possible that this order can cause delays in visa appointment availability.
- Noncitizens from High-Risk Countries: Citizens of countries with significant security concerns will likely face additional hurdles in entering the U.S. under this policy.
What should you do?
If you’re from a country with heightened security concerns, make sure all your application materials are thoroughly documented, and be prepared for more extensive delays or scrutiny in the vetting process.
New Refugee Admissions Policy: Narrowing Eligibility for Refugees and Asylum Seekers
Read the Executive Order: Realigning the United States Refugee Admissions Program
What’s changing?
This executive order redefines the U.S. approach to refugee admissions, narrowing the scope of individuals who qualify for asylum and making the process more selective.
Who is affected?
- Refugees: Starting on January 27, 2025, the government will terminate the refugee admissions program – meaning that border refugees are unlikely to be admitted at this time. Within 90 days of January 20, 2025, the President has ordered the Secretary of Homeland Security to submit a report to determine whether or not it is in the interest of the United States to allow refugees to enter the United States.
- Organizations Assisting Refugees: Nonprofits and humanitarian groups assisting with refugee resettlement may face challenges as the process becomes more restricted.
What should you do?
If you’re a refugee, consult an immigration lawyer to explore your options and stay informed about any changes to eligibility criteria or application processes.
Terminating Parole Programs
Read the Executive Order: Securing Our Borders
What’s changing?
This executive order focuses on enhancing border security by increasing surveillance and enforcement at the U.S. borders. However, the biggest change is the termination of parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans.
Who is affected?
- Cubans, Haitians, Nicaraguans, and Venezuelans: If you are in the United States on a parole program based on these nationalities, there will no longer be an opportunity to renew these statuses.
What should you do?
Consider reaching out to an immigration lawyer for advice on your legal options to find alternative pathways to the United States.
Expert Insights From Our Managing Attorney
Nicole Gunara, Managing Attorney at Manifest Law, offered her perspective on the executive order:
“[With regard to birthright citizenship] Noncitizens expecting children in the coming years should take heed of this stunning executive order issued by President Trump on the very same day of his inauguration. While we are likely to see heavy litigation on this order in a matter of days that may pause the order (or prevent it completely from being enforceable), this is an indication of the temperature the immigration landscape will see under this new administration. Looking at this order, this Trump administration is coming back prepared with a bite behind its bark.”
Nicole’s comments emphasize the importance of being proactive and prepared during this period of uncertainty.
How to Stay Prepared Following Trump’s Executive Orders
TThese executive orders represent significant shifts in U.S. immigration policy, affecting everything from citizenship and refugee admissions to border security. It’s important for all immigrants to stay informed about how these changes might affect them and take proactive steps to protect their rights.
If you need guidance navigating these new rules, contacting an immigration attorney can help you better understand your options, prepare for potential changes in policy, and ensure that your immigration process remains on track.
Don’t Wait to Take Action
Immigration policies can change quickly, but you don’t have to face these challenges alone. If you’re concerned about how this new executive order might impact you or your loved ones, contact Manifest Law today. Our experienced attorneys are here to provide clarity, confidence, and support in these uncertain times.
