In the initial days of his second term, President Donald Trump enacted a series of executive orders aimed at reshaping U.S. immigration policy. While these directives primarily target undocumented immigrants, they carry significant implications for individuals legally residing in the United States. At Garvish Immigration Law Group, we are committed to clarifying these developments and their potential impact on our clients.

Key Executive Orders and Their Provisions

Ending Birthright Citizenship

On January 20, 2025, President Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” which seeks to end birthright citizenship for children born in the U.S. to non-citizen parents. This order reinterprets the 14th Amendment’s Citizenship Clause, asserting that individuals born to parents who are neither U.S. citizens nor lawful permanent residents are not automatically granted citizenship. The order specifies that it applies to children born 30 days after its issuance, targeting births from February 19, 2025.

Implications for Legal Immigrants:

  • Non-Immigrant Visa Holders: Individuals in the U.S. on temporary visas (e.g., student, work, or tourist visas) who give birth after the specified date may find that their children are not recognized as U.S. citizens. This reinterpretation challenges long-standing legal precedents and could lead to legal uncertainties for families.
  • Legal Challenges: The executive order has already faced legal opposition. A federal judge temporarily blocked its implementation, labeling it “blatantly unconstitutional.” However, the ongoing legal battles may create an environment of uncertainty for affected families.

Enhanced Border Security Measures

Another executive order, “Protecting the American People Against Invasion,” was issued to bolster border security. This directive includes provisions such as:

  • Deployment of Military Personnel: The order mandates the deployment of U.S. troops to the southern border to assist in preventing illegal crossings and combating drug trafficking.
  • Designation of Foreign Entities as Terrorist Organizations: Certain foreign criminal organizations, such as the Tren de Aragua gang, have been designated as terrorist organizations, granting the federal government expanded authority to act against them.

Implications for Legal Immigrants:

  • Increased Scrutiny: Legal immigrants, especially those traveling near border areas, may experience heightened scrutiny and enforcement actions. The expanded military presence and broadened enforcement measures could lead to more frequent interactions with authorities, necessitating that individuals always carry proper documentation.
  • Impact on Asylum Seekers: The bolstered border security measures may affect individuals legally seeking asylum, potentially leading to longer processing times or changes in asylum procedures.

Suspension of Refugee Admissions

The administration has also suspended the U.S. refugee resettlement program, halting the admission of new refugees into the country.

Implications for Legal Immigrants:

  • Family Reunification: Legal immigrants with family members awaiting refugee status may face prolonged separation due to the suspension. This action disrupts plans for family reunification and places additional emotional and financial strains on affected individuals.
  • Humanitarian Concerns: The suspension raises ethical and humanitarian issues, as individuals fleeing persecution may find themselves without safe harbor. Legal immigrants connected to international communities may feel the broader impacts of this policy within their networks.

Enhanced Vetting of Visa Applicants

An executive order has been issued to implement “enhanced vetting” procedures for visa applicants. This includes more stringent background checks and additional requirements for individuals seeking to enter the United States.

Implications for Legal Immigrants:

  • Delays in Visa Processing: The enhanced vetting procedures will likely result in longer processing times for visa applications, affecting individuals applying for work, study, or family-based visas. This could disrupt personal and professional plans, leading to uncertainty for applicants and their families.
  • Increased Denials: The stricter vetting criteria may lead to a higher rate of visa denials, even for individuals who previously would have qualified. This unpredictability necessitates thorough preparation and documentation for applicants.

Revocation of Diversity Programs

The administration has moved to dismantle diversity programs within federal agencies, including immigration-related ones.

Implications for Legal Immigrants:

  • Elimination of Diversity Visa Lottery: The revocation of diversity programs may signal the end of the Diversity Visa Lottery, which provides opportunities for individuals from underrepresented countries to immigrate legally to the U.S. This change reduces avenues for legal immigration and affects individuals who have been preparing to apply through this program.
  • Impact on Workplace Diversity: Dismantling diversity initiatives may influence workplace policies, potentially affecting legal immigrants employed in federal agencies or contractors. This could lead to a less inclusive work environment and limit opportunities for professional advancement.

Legal and Constitutional Challenges

Several of these executive orders have already encountered legal challenges. For instance, the attempt to end birthright citizenship was swiftly met with lawsuits from multiple states and civil rights organizations, resulting in a temporary block by a federal judge. These legal battles underscore the contentious nature of the orders and the constitutional questions they raise.

What Should You Do Now?

The executive orders signed in Trump’s first weeks of his second term represent a seismic shift in U.S. immigration policy, with significant consequences for individuals residing in the country legally. These changes may delay visa processing, increase denials, create uncertainty for families, and heighten enforcement measures that could impact even those with lawful status. It’s more important than ever to ensure your immigration status is secure and you have the proper legal protections.

At Garvish Immigration Law Group, we believe that every immigrant deserves fair treatment and reliable legal guidance in the face of shifting policies. Whether you need assistance with a visa application, green card renewal, defense against enforcement actions, or a strategy to protect your residency and future, we are here to help.

Don’t wait for the laws to catch up with you—take control of your immigration status today. Contact Garvish Immigration Law Group to schedule a consultation with an experienced immigration attorney who can provide tailored legal advice based on your situation. The landscape is changing quickly—make sure you’re prepared. Contact us today.

About the Author

Elizabeth Garvish
Founder at Garvish Immigration Law Group | (800) 951-4980 | egarvish@goimmigrationlaw.com | Profile | + posts

Elizabeth L.A. Garvish founded Garvish Immigration Law Group, LLC in 2011 after practicing immigration law in small boutique firms, big law and nonprofits. Elizabeth is a frequent speaker and presenter on entrepreneurship and U.S. immigration topics around the world. She is an active member of the American Immigration Lawyers Association (AILA) and serves on various national committees and is the Past Chair of the Georgia-Alabama Chapter of AILA. Elizabeth is also a certified member of the EO Global Speakers Academy.