On January 20 and 21, 2025, President Trump issued multiple immigration-related executive orders following a national emergency declaration. These orders touch enforcement, legal immigration, asylum, refugee programs, and the rescission of prior Biden Administration guidance—each with immediate or near-term implications for practitioners and foreign nationals.
What changed
The Declaration and Executive Orders address “enhanced vetting” of visa applicants, birthright citizenship, border security, the U.S.‑Mexico-Canada Agreement, asylum, and refugee program.
Enhanced Vetting
The order directs DHS and Department of State to implement stricter “enhanced vetting” for visa applicants and those already in the country. The order directs all agencies to be thorough in vetting during visa issuing process.
Rescission of Biden Orders
This Executive Order revokes Biden-era Executive Orders, related to Civil Immigration Enforcement Policies, Migration and Asylum Seekers, Reunification of Families, and Immigration Policies Impeding Legal Immigration. All agencies are to revoke guidance or policies that were issued based on the Executive Orders.
Temporary Protected Status (TPS) and Employment Authorization
TPS and Employment Authorization Documents (EADs) based on TPS will likely not be extended. USCIS is not likely to issue policies allowing for automatic extensions of EADs for TPS beneficiaries.
Birthright Citizenship
The order modifies long-standing birthright citizenship policy, creating uncertainty about how USCIS will determine nationality and country of chargeability for immigrant visa purposes for children born to parents without established lawful status.
Asylum and Refugee Programs
Suspension of USRAP will take effect on January 27, 2025, until DHS advises whether USRAP should resume. DHS and the Secretary of State may admit refugees on a case-by-case basis. Executive Order 14013, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, is revoked. DHS decisions on applications for refugee status are suspended until DHS advises otherwise.
Law Enforcement Delegation
If DHS delegates its authority to state and local law enforcement to enforce immigration laws, there is a higher likelihood of foreign nationals being asked about their immigration status. Foreign nationals should have their immigration documents evidencing their lawful status readily available.
Why it matters
The enhanced vetting directive will slow consular processing considerably. There is a higher likelihood that foreign nationals applying for visas at U.S. Consulates and Embassies abroad will be put in administrative processing. Moreover, it is likely that scheduling visa appointments will be backlogged and/or suspended for extended periods. Practitioners should counsel clients to expect multi-month delays in visa interviews and approvals.
TPS beneficiaries and their attorneys should assume no EAD renewals will occur on a routine basis. Clients will need to plan for potential loss of work authorization—a material change from recent practice and directly affects employment-based filings and dependent visa strategy.
The birthright citizenship order, though legally contested, creates urgent ambiguity for practitioners counseling families with births planned or recent. Until USCIS issues guidance, practitioners cannot reliably advise on nationality attribution or consular processing next steps for newborns.
Asylum and refugee suspensions eliminate major categories of relief. We anticipate there will be legal challenges given the Immigration and National Act’s (INA) guarantee of access to asylum. Practitioners should expect further guidance and litigation but should not assume asylum processing will resume in the near term.
The rescission of Biden-era policies on family reunification and legal immigration means the loss of administrative improvements that had reduced barriers to immigration benefits. Practitioners accustomed to streamlined filing paths, reduced RFEs, and faster approvals should revert to pre-2021 processing norms.
Way forward
- Consular clients: counsel on extended administrative processing timelines; request expedite requests only where INA grounds apply; file affidavits of support and police certificates early.
- TPS beneficiaries and EAD holders: begin contingency planning assuming no routine renewal; update I-9 information with employers; explore alternate work authorization (H-1B, L-1, etc.) if viable.
- Asylum and refugee advocates: monitor ongoing litigation over the suspension proclamations; prepare for dismissals or refer non-family cases; escalate claims with imminent danger.
- All practitioners: review client files for Biden-era benefit approvals that may now face reopening or revocation under the rescinded orders; flag visa categories (H-1B, F-1, L-1) dependent on AI/STEM hiring preferences now eliminated.
Disclaimer
This article is for informational purposes and does not constitute legal advice. The policies, procedures, and executive orders described are subject to change without notice, legal challenge, and administrative revision. Immigration law is complex and fact-specific. Please consult with a licensed immigration attorney licensed in your jurisdiction, verify all information against the primary source linked above, and do not rely on this summary for case strategy or client advice without independent legal counsel.