April 2025
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The inauguration of a new presidential administration often heralds a wave of executive orders and policy shifts, and the first month of the current administration has been no exception. The new administration’s immigration policies signal heightened scrutiny of visa issuance, trade-related work authorizations, and enforcement actions. Employers—particularly those navigating cross-border mobility, corporate compliance, and workforce planning—must prepare for potential travel bans, TPS changes, and evolving adjudication standards. Understanding these shifts is essential to mitigating risk and ensuring continued business operations.
Visa Issuance Review and Potential Travel Bans
Under the America First Trade Policy,1 the administration has initiated a comprehensive review of trade agreements and visa issuance procedures. The “America First Trade Policy” mandates a reassessment of the United States-Mexico-Canada Agreement (USMCA) and other existing trade agreements. The U.S. Trade Representative is directed to review and renegotiate or withdraw from agreements that disadvantage American workers and businesses. Although no immediate impact is expected, TN visa applicants should anticipate heightened scrutiny during their interviews. The review of other trade agreements could impact treaty-based nonimmigrant visas such as E-1 (treaty trader), E-2 (treaty investor), E-3 (Specialty Occupation Workers from Australia), and H-1B1 (specialty occupation worker from Chile and Singapore).
The Executive order, Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats,2 tasks executive agencies, including the U.S. Department of State, with reviewing visa application vetting procedures. Within 60 days, these agencies must recommend whether citizens from certain countries require enhanced vetting or a complete suspension of admission to the United States. This order could lead to increased visa processing times and potentially result in partial or full suspensions of entry for citizens from specific countries, echoing the travel bans seen in previous administrations.
President Trump’s Executive Order, A Unified Voice for America’s Foreign Relations,3 centralizes authority over U.S. foreign policy under the President and the Secretary of State, reinforcing control over the personnel, policies, and procedures guiding America’s diplomatic service.
Of particular relevance to employers, the Order empowers the Secretary of State to revise the Foreign Affairs Manual (FAM) and other procedural documents that dictate visa processing and consular operations—a shift from the historical practice where career diplomats and civil servants played a key role in FAM amendments. Any modifications to the FAM could impact the efficiency and consistency of visa issuance, affecting employment-based immigration and global workforce mobility. Employers should be aware that potential shifts in policy implementation, staffing, and procedural oversight within the State Department may lead to delays, changes in adjudication standards, or increased scrutiny in visa processing.
Changes to Temporary Protected Status (TPS) Designations
Rescission of Venezuela’s TPS Extension4
On February 3, 2025, U.S. Secretary of Homeland Security Kristi Noem announced the termination of Venezuela’s 2023 TPS designation, citing improvements in the country’s economy, public health, and safety. This decision overturns a previous order by former Secretary Alejandro Mayorkas that had extended TPS protections and employment authorization for Venezuelans. The termination will take effect on April 7, 2025, impacting an estimated 348,202 Venezuelans in the U.S., who must seek alternative immigration status to remain and work legally. Meanwhile, the 2021 TPS designation for Venezuela remains in effect, with a decision on its extension or termination due by July 12, 2025.
Shortening of Haiti’s TPS Designation5
On February 20, 2025, Noem partially vacated the July 1, 2024, notice extending and redesignating Haiti for TPS, reducing the period from the statutory maximum of 18 months to 12 months, now set to expire on August 3, 2025, instead of February 3, 2026. DHS justified this change by citing Mayorkas’s failure to provide supporting evidence that extending TPS for Haiti was consistent with the national interest. This decision has immediate implications for employers. Haitian TPS beneficiaries with Employment Authorization Documents (EADs) bearing category codes A-12 or C-19—which previously had a validity date of February 3, 2026—are now only valid through August 3, 2025. Employers must update their records accordingly. Additionally, individuals with pending TPS applications may choose to withdraw and request a refund of their filing fees.
Increased Immigration Enforcement in Sensitive Locations
Rescission of Sensitive Locations Policy6
Immigration enforcement has been a cornerstone of the new administration’s policy platform. In the first month, several executive orders have been issued to expand enforcement actions. Notably, DHS rescinded a long-standing policy that limited enforcement actions in sensitive locations such as schools, medical facilities, places of worship, social services establishments, children’s gathering places, disaster response sites, wedding and funeral sites, and public demonstrations.
With the rescission of this policy, U.S. Immigration and Customs Enforcement (ICE) officers can now conduct enforcement actions—including arrests, interviews, searches, and surveillance—in these previously protected areas without requiring authorization from senior DHS officials. While ICE officers are encouraged to use discretion and common sense, the potential for increased enforcement in these sensitive locations raises concerns about the impact on communities and institutions that had previously been shielded from such activities.
Nationwide Preliminary Injunction on Birthright Citizenship
An Executive Order titled Protecting the Meaning and Value of American Citizenship7 was signed by President Trump on his first day in office, aimed to deny U.S. citizenship to children born on or after February 19, 2025, if their parents were either in the U.S. without legal status or were only visiting temporarily. A nationwide preliminary injunction was issued on February 5, 2025, blocking President Trump’s executive order; U.S. District Judge (Maryland) Deborah Boardman, ruled that the order conflicts with the Fourteenth Amendment and Supreme Court precedent, emphasizing that citizenship is a fundamental right. This ruling is stronger than an earlier, short-term restraining order issued by Judge John Coughenour of the U.S. District Cour for the Western District of Washington. Unlike that temporary measure, Judge Boardman’s injunction will stay in place until the lawsuit is fully resolved, unless a higher court overturns it. While litigation continues, this injunction prevents the administration from implementing the policy for now.
Conclusion
The first weeks of the new administration have brought sweeping immigration policy changes, many of which carry significant implications for employers. Increased visa scrutiny, potential travel bans, TPS rollbacks, and heightened immigration enforcement all contribute to an evolving regulatory landscape. Employers must closely monitor these developments and work with legal counsel to ensure compliance and mitigate risks.
ENDNOTES
1 https://www.whitehouse.gov/presidential-actions/2025/01/america-first-trade-policy/