Immigration Policy Tracker: January 20—February 5, 2025

Quick Hits

• Visa Issuance Review: Several orders have the potential to impact trade visa issuance, visa screening procedures, and the potential for limitations on admission to the United States. 
• Sunset of TPS for Venezuela: Executive agencies are charged with reviewing humanitarian status programs, resulting in the first termination of temporary protected status programs.
• Increased Enforcement: DHS rescinded a long-standing policy on conducting enforcement actions in sensitive locations, and President Trump issued an executive order that may impact universities with foreign students.

Review of Trade Agreements, Visa Issuance Procedures, and Potential for Travel Bans

The “America First Trade Policy” revisits and reviews the United States-Mexico-Canada Agreement (USMCA), as well as other existing U.S. trade agreements in consultation with other executive departments and agencies.

• The outcome of this review has the potential to impact trade visa categories, including TN, E-1, E-2, E-3, and H-1B1 visas.

The “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” executive order charges executive agencies, including the U.S. Department of State, with reviewing visa application vetting procedures. Agencies need to make a recommendation within the next sixty days if certain countries and their citizens require enhanced vetting or a full suspension of admission to the United States.

• This order has the potential to increase visa processing times and may result in a partial or full suspension of entry for citizens from certain countries.

Humanitarian Programs Under Review

Last week, the 2023 TPS designation for Venezuela was officially terminated, sunsetting that program as of April 7, 2025. This was the most recent humanitarian program to come under review. The administration also suspended U.S. participation in the refugee admissions program for the next ninety days under the “Realigning the United States Refugee Admissions Program” executive order. All humanitarian parole and temporary protected status designations have been ordered to be reviewed by the U.S. Department of Homeland Security (DHS) pursuant to the “Protecting the American People Against Invasion” executive order.

• TPS and other humanitarian parole programs account for over a million individuals in the United States, and a sunset of work authorizations in these categories may have impacts across the U.S. labor market.

Immigration Enforcement Expanded

Immigration enforcement was a central element of the incoming administration’s policy platform, and the first three weeks saw numerous executive orders relating enforcement actions.

DHS revoked a long-standing policy limiting enforcement actions at sensitive locations, which included schools, medical facilities, places of worship, social services establishments, children’s gathering places (playgrounds and childcare centers), places for disaster or emergency response and relief, wedding and/or funeral sites, and public demonstrations (parades, marches, demonstrations, and rallies).

• With the rescission of the prior sensitive areas policy, enforcement actions may now be conducted in locations that had previously not experienced U.S. Immigration and Customs Enforcement (ICE) activity. ICE officers can conduct enforcement actions—which include arrests, interviews, searches, and surveillance—in sensitive areas without requiring authorization from senior DHS officials.
• ICE officers are encouraged to use discretion, “along with a healthy dose of common sense” when conducting arrests, searches, and interviews in these locations.

On January 29, 2025, President Trump issued an executive order that affirms the administration will “us[e] all available and appropriate legal tools” to combat antisemitism, especially at higher education institutions. The order requests federal agencies to submit reports “[w]ithin 60 days of the date of [the] order” that include, among other data, inventory of all pending administrative complaints, complaints under Title VI of the Civil Rights Act of 1964, and court cases against universities alleging civil rights violations relating to antisemitic activities on campus.

• The order also directs agencies to recommend ways to educate higher education institutions on the grounds for inadmissibility, enabling such institutions to monitor, report, and investigate relevant activities by foreign national students, faculty, and staff, potentially leading to their removal.

Key Takeaways

Executive orders impacting foreign national workers in the United States have created uncertainty for employers and employees. Given the stated policy platform of the administration, employers can expect additional policy changes in the coming weeks.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Immigration blog as additional information becomes available.

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