Tracking Notable Executive Branch Action during the Second Trump Administration
This page tracks select changes to immigration-related regulations and policy that have been proposed or promulgated by the second Trump Administration. AILA is analyzing these orders and other executive actions to provide guidance and share analysis with AILA members.
Additional resources for AILA members:
- Practice Pointers and Alerts
- Featured Issue Page to Help Members Prepare for Changes under the Second Trump Administration
- "Know Your Rights" Flyer to Share with Clients and Communities (translated versions are coming soon)
- Policy Brief: Trump Administration Day One Executive Orders
Please Note: Information found on this page does not constitute legal advice. Material found here is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, or for independent research based on statutory and regulatory authorities; case law; policy guidance; and, for procedural issues, federal government websites.
Browse the Tracking Notable Executive Branch Action during the Second Trump Administration collection
White House Releases Fact Sheet on Executive Order Ending Federal Benefits for Undocumented Immigrants
The White House released a fact sheet stating that, on 2/19/25, President Trump signed an Executive Order (EO) directing federal departments and agencies to identify all federally funded programs currently providing financial benefits to undocumented immigrants and to “take corrective action.”
Executive Order on Ending Federal Funding for Undocumented Immigrants
On 2/19/25, President Trump signed an Executive Order (EO) directing the head of each executive department or agency to identify all federally funded programs administered by the agency that currently permit undocumented immigrants to obtain any cash or non-cash public benefit, among other actions.
Executive Order on U.S. Foreign Relations
On 2/12/25, President Trump issued Executive Order (EO) 14211 that calls for the reform of the Foreign Service in recruiting, performance, evaluation, and retention standards, and directs the Secretary of State to revise or replace the Foreign Affairs Manual (FAM). (90 FR 9831, 2/18/25)
Executive Order on Addressing Actions of South Africa
On 2/7/25, President Trump issued Executive Order (EO) 14204, “Addressing Egregious Actions of the Republic of South Africa,” stating that it is U.S. policy to promote the resettlement of Afrikaner refugees, as long as South Africa continues “unjust and immoral practices.” (90 FR 9497, 2/12/25)
DOS Issues Sex Marker Passport Guidance
DOS issued guidance explaining that, under the 1/20/25 Executive Order (EO) 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” it will no longer issue U.S. passports or Consular Reports of Birth Abroad (CRBAs) with an X marker.
Practice Alert: The Latest on TPS for Venezuela
Practice Alert on the recent DHS notice vacating the 1/10/25 extension and redesignation of TPS for Venezuela and the upcoming termination of certain Venezuelan TPS beneficiaries on 4/7/25.
DOS Provides Update on I-730 Following-to-Join Refugee Processing
DOS provided an update on I-730 following-to-join refugee (FTJ-R) processing in light of the 1/20/25 Executive Order 14163, stating that the suspension of the processing of all refugee applications includes FTJ-R travel eligibility determinations conducted at consular posts and embassies overseas.
EOIR Rescinds Memo on Language Access in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-20 rescinding and canceling the 6/6/23 Director’s Memorandum (DM) 23-02, which provided guidance to IJs regarding language access issues in immigration court proceedings.
USCIS Notice of Termination of 2023 Designation of Venezuela for TPS
USCIS notice that the DHS Secretary is terminating the 10/3/23 Temporary Protected Status (TPS) designation of Venezuela, effective 4/7/25. This termination determination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until 9/10/25. (90 FR 9040, 2/5/25)
EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-19 stating that EOIR is committed to re-establishing a robust and effective Anti-Fraud Program that will provide resources to employees on how to identify and report suspected fraud, coordinate with investigative authorities, and more.
Practice Alert: New ICE Guidance on Current or Potential Victim-Based Benefits
On January 31, 2025, it was reported on social media that the previous day, ICE had issued new policy guidance to its employees. The VAWA/U/T Committee provides members with details of and practice pointers in regards to this notice.
DOJ Issues Memo on Sanctuary Jurisdiction Directives
Attorney General Pamela Bondi issued a memo on sanctuary jurisdiction directives, stating that sanctuary jurisdictions should not receive access to federal grants administered by the DOJ, among other things.
EOIR Reinstates Memo on Legal Advocacy by Non-Representatives in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-18 rescinding the 5/5/22 Director’s Memorandum (DM) 22-06 and reinstating the 11/21/19 PM 20-05, which reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings.
USCIS Notice of Vacatur of 2025 TPS Decision for Venezuela
USCIS notice that DHS Secretary Kristi Noem has decided to vacate the 1/10/25 decision of former DHS Secretary Alejandro Mayorkas regarding TPS for Venezuela, which had extended the 2023 designation of Venezuela for TPS for 18 months, among other actions. Effective immediately. (90 FR 8805, 2/3/25)
Executive Order on Additional Measures to Combat Anti-Semitism
On 1/29/25, President Trump issued Executive Order (EO) 14188 that, among other actions, directs certain heads of agencies to include in reports to the president recommendations to familiarize colleges and universities with the grounds for inadmissibility under INA §212(a)(3). (90 FR 8847, 2/3/25)
EOIR Rescinds Memo Providing Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-16 that rescinds the 9/28/23 Director’s Memorandum (DM) 23-04, which provided guidance to EOIR adjudicators on DHS enforcement priorities and prosecutorial discretion initiatives.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
Executive Order Designating Ansar Allah as a Foreign Terrorist Organization
On 1/22/25, President Trump issued Executive Order (EO) 14175 directing the Secretary of State to take all appropriate action, consistent with INA §219, with regard to designating Ansar Allah as a terrorist organization (FTO), among other actions. (90 FR 8639, 1/31/25)
Executive Order on Removing Barriers to American Leadership in Artificial Intelligence
This executive order (EO) revokes certain existing AI policies and directives following the revocation of a 10/30/23 EO that recommended policies to facilitate access to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with AI expertise. (90 FR 8741, 1/31/25)
EOIR Issues Memo on the Office of the Chief Administrative Hearing Officer
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-13 in order to reset EOIR policy toward the Office of the Chief Administrative Hearing Officer and “reiterate EOIR’s commitment to fair treatment of its components and employees.”
EOIR Issues Memo Reinstating Prior Guidance on Child Advocates in Immigration Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-14, rescinding a 2023 Director’s Memorandum (DM) that directed IJs to accept certain filings as evidence and to allow certain witnesses to testify, and reinstating the 11/15/19 PM 20-03, “Child Advocates in Immigration Proceedings.”
EOIR Issues Memo on Office of Legal Access Programs
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-15 to clarify questions regarding the status and function of EOIR’s Office of Legal Access Programs (OLAP), including information on the Legal Orientation Program (LOP).
Executive Order on the Military Prioritizing U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14167, which calls on DOD to assign USNORTHCOM the mission of sealing U.S. borders by repelling unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities. (90 FR 8613, 1/30/25)
Presidential Memo on Adjustments to U.S. Trade Policy
On 1/20/25, President Trump issued a memorandum calling on the U.S. Trade Representative to commence public consultations ahead of the 2026 review of the U.S.-Mexico-Canada Agreement (USMCA) and assess the impact of the USMCA on American workers, farmers, ranchers, and others. (90 FR 8471, 1/30/25)
Executive Order Suspending the U.S. Refugee Admissions Program
On 1/20/25, President Trump issued Executive Order (EO) 14163 that, among other actions, suspends the U.S. Refugee Assistance Program (USRAP) effective at 12:01am (ET) on 1/27/25. (90 FR 8459, 1/30/25)