On Day 1, President Trump Sets the Tone on Immigration Law Changes, including an Executive Order Impacting US Citizenship Eligibility for Children Born to Foreign Nationals.
On January 20, 2025, President Donald J. Trump signed several executive orders (EOs) aimed at advancing an “America First” agenda and revamping U.S. immigration policy in the interests of US national security.1 The EOs touch on a range of issues, including (a) enhanced border security, (b) the termination of certain humanitarian parole programs, (c) reinstating prior, and evaluating new, vetting and screening protocols for those seeking US visas and immigration benefits, (d) identifying individuals from certain interested countries who the United States should prohibit from obtaining visas, and entering or remaining in the country, and (e) redefining eligibility for US citizens born to parents who are not US citizens or US permanent residents (i.e., “green card” holders).
Below is a detailed review of the key executive actions and their anticipated impact on employers and their immigration-enabled populations:
1. Birthright Citizenship for Children Born to Non-US Citizens and Permanent Residents
President Trump signed the “Protecting the Meaning and Value of American Citizenship,” which seeks to redefine the scope of birthright citizenship under the Fourteenth Amendment of the U.S. Constitution. While the Fourteenth Amendment guarantees citizenship to those born in the United States and subject to its jurisdiction, the EO asserts that this provision does not extend to all individuals born on US soil. Specifically, the EO excludes U.S. citizenship to children born to:
- “A mother who was unlawfully present in the United States at the time of the child’s birth, where the father is not a U.S. citizen or lawful permanent resident.
- A mother whose presence in the U.S. was lawful but temporary (e.g., under a tourist, work, or student visa), where the father is not a U.S. citizen or lawful permanent resident.”
This EO will affect (a) children of parents in H-1B and H-4, H-2A and H-2B, L-1 and L-2S, E-1 and E-1S, E-2 and E-2S, E-3 and E-3S, TN and TD, and other temporary work and dependent visa statuses; (b) children of parents admitted under the Visa Waiver Program, as well as in B-1 and B-2 business and tourist visas; (c) children of F-1 and F-2 student and dependent visa statuses; (d) children of parents in J-1 and J-2 intercultural exchange visas, including physicians, research scholars, and others, as well as (3) children whose parents are in the United States in temporary protected status, humanitarian parole, parole, among others. The Order recognizes that children born to U.S. lawful permanent residents remain U.S. citizens.
This EO also prohibits U.S. government agencies from issuing documents recognizing U.S. citizenship for these categories of individuals—including the issuance of US passports by the State Department. Federal agencies also are directed not to issue citizenship documents to these groups of children and not to accept documents from State or local governments/authorities “purporting to recognize US citizenship.” Thus, depending on state and local rules, the implementation of this EO may affect these groups of children’s ability to obtain local identification documents, access federal and/or state health and benefits program, and/or frustrate their ability to enroll in school.
The Order is effective 30 days from the date of the order, during which time we expect decisions on already-initiated litigation, at minimum, to delay its implementation.
2. Strengthening Border Security and Immigration Enforcement
President Trump issued a Presidential Proclamation (Guaranteeing the States Protection Against Invasion) and an EO (Securing Our Borders) that lay the framework and take action on certain immigration programs to address securing the U.S. southern border.2 Underscored in both executive actions is a desire to combat illegal immigration, prevent the entry of dangerous individuals, and curtail the flow of illicit materials such as narcotics, into the United States.3
The Presidential Proclamation immediately suspends entry into the United States at the US southern border and limits individuals’ ability to invoke certain protections of the Immigration and Nationality Act (INA) in order to remain in the United States pending review of their immigration benefit applications. This executive action also suspends entry of individuals who fail to provide necessary health and criminal background information prior to entry.4 While the details of what documentation is required to satisfy the government’s requirements remain uncertain, clients should consider what medical and/or vaccination records, police clearance certificates, financial records, or other documentation may be helpful when applying for visas and/or seeking entry into the United States.
The EO particularly focuses on the resources the federal government will allocate to constructing temporary and permanent physical barriers along the southern border, including personnel and technology. The EO also directs the Department of Homeland Security (DHS) Secretary to take action to maximize detention and expedited removal of foreign nationals apprehended for immigration violations, as well as to criminally prosecute foreign nationals who violate US immigration laws and individuals who facilitate their unlawful entry into the United States.
The EO also directs DHS to end the practice of “catch-and-release,” where individuals were often released into the U.S. pending immigration hearings, and reinstate the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy, which require asylum seekers to wait in Mexico or another third country while their asylum claims are processed in U.S. immigration courts.
The EO also discontinued the “CBP One” Application that permitted those seeking entry into the United States “to submit advance information and schedule appointments at eight southwest border ports” and canceled scheduled appointments.
The overall goal of this EO is to restore operational control of the U.S. southern border, which the new administration also has clarified the US Armed Forces’ role in protecting American territories.5
3. Termination of Certain Humanitarian Parole Programs and CBP One Application
The Securing Our Borders EO also directs DHS to end humanitarian parole programs that are not in the US national interest, including the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.” In fact, US Citizenship and Immigration (USCIS) has already removed information relating to these programs from the agency’s website. USCIS is likely to issue guidance in the coming weeks concerning how the US government will treat individuals present in the US under these programs. We expect that USCIS will cease, immediately, the adjudications of pending applications for parole under these programs.
Notably, the US government’s Uniting for Ukraine program has not yet been affected by executive action, and USCIS has retained information relating to the program on its website. We are monitoring closely and will provide updates as this becomes clearer.
4. Enhanced Vetting in the Visa Issuance, Entry Clearance, and Immigration and Immigration Processing Systems
In Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats, the President directs federal agencies to prioritize enhanced vetting and screening protocols for individuals seeking visas to travel and entry into the United States, as well as immigration benefit applications for those presently in the United States.
Specifically, the EO directs federal agencies to “promptly” establish “a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind.” These reviews will likely result in the immigration-related agencies employing extreme vetting tactics employed by their prior Trump administration on applicants for visas and immigration benefits; require a greater number of interviews for those applying for visas at US Consulates outside of the United States; impose increased documentary requirements for applications for visa benefits; and issue an increased number of government inquiries, requests, and audits for companies, universities, research organizations, and visa applicants to expend time and resources on to secure immigration benefit approvals. Clients also should be prepared for increased government processing times and reduced visa appointment availability in the coming months, as well as expect to align their businesses for delays in their sponsored employees’ ability to travel to and/or start work in the United States.
Beyond prompt resurfacing of these enhanced screening protocols, the EO provides federal agencies with 60 days to review and report back with recommendations on potentially deficient vetting and screening processes for nationals from particular countries that may other pose a national security or public safety risk to the United States. We expect that this review will result in restrictions on travel into the United States analogous to those imposed in 2017 on individuals traveling from majority-Muslim countries—or restrictions on individuals from countries where other public safety or health-related concerns exist analogous to those imposed in the aftermath of the COVID-19 pandemic in 2020. In addition, the EO directs federal agencies to collect data on the number and names of individuals who have entered the United States since January 20, 2021, to determine whether any steps should be taken to remove certain individuals from the United States.
Clients should consider how to identify populations that were affected by the prior Trump Administration’s travel restrictions, how they want to communicate the impact of any restrictions on travel or disruptions to ongoing business or organizational needs for those already in the United States to leadership and the affected populations, whether the organization wishes to make a blanket recommendation not to travel outside of the United States, and what level of support an organization will provide to individuals who decide to travel outside of the United States in light of the potential adverse impact on their ability to return to the United States. Our team at Klasko is preparing an additional advisory on this subject and is prepared to guide organizations and affected populations through these dynamic changes in the coming weeks and months.
Finally, the EO provides DHS, the State Department, the Attorney General, and the Director of National Intelligence no more than 30 days to evaluate and adjust regulations and agency policies relating to criminal or security-related grounds of inadmissibility, ensure safeguards put in place to preclude the admissions of under-vetted refugees, evaluate visa programs that may be used by nationals of particular countries in a manner inconsistent with US national security or other interests.
5. Restricting Refugee Admissions and Asylum Applications
Effective January 27, 2025, the “Realigning the United States Refugee Admissions Program” EO suspends the entry of refugees into the United States through the US Refugee Admissions Program (USRAP).6 In addition, the EO directs federal officials to pause issuing decisions on pending refugee applications. Despite these suspensions, the Secretaries of State and Homeland Security may allow the entry of certain refugees on a case-by-case basis, but only if it is deemed to be in the national interest and does not pose a threat to U.S. national security or welfare.
Highlighting the challenges faced by cities and towns across the country, which have struggled to absorb large numbers of refugees in a way that protects public resources and national security, the EO directs the DHS Secretary, in consultation with the Attorney General, to assess whether states and localities should play a greater role in the process of refugee resettlement and placement.
The Order will remain in effect until further notice, pending a review of the program’s alignment with US national interests to the President every 90 days.
Conclusion
As these executive orders take effect, further regulatory updates and policy changes are anticipated. The team at Klasko remains committed to delivering timely, clear, and actionable insights on these developments. With a track record of navigating challenging times, Klasko’s immigration attorneys will provide innovative strategies and practical solutions to address even the most complex immigration matters.
If you have any questions or would like to discuss how these changes may impact your business or immigration matters, please contact one of our immigration attorneys.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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- The America First Policy Directive To The Secretary Of State EO is one example of the types of directives that we expect the Executive Branch to issue to federal agencies. ↩︎
- These measures are in line with President Trump’s Declaring A National Emergency At The Southern Border Of The United States, which outlines plans for deploying additional personnel, operational, and technology resources to secure the US border. ↩︎
- A separately issued EO, Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists, begins to identify organizations that the federal government will prioritize in its enforcement actions. ↩︎
- The President also rescinded several Biden-era executive actions, including Executive Order 13993 of January 20, 2021 (Revision of Civil Immigration Enforcement Policies and Priorities). ↩︎
- A separate EO, Clarifying The Military’s Role In Protecting The Territorial Integrity Of The United States, outlines the new administration’s plans for the military’s involvement in securing the US territorial border. ↩︎
- The Trump administration reportedly has started to cancel flights for Afghan refugees who planned to travel to the United States as of the effective date of the order: Exclusive: Trump to pull nearly 1,660 Afghan refugees from flights, say US official, advocate | Reuters. ↩︎
