The Trump Administration’s Effects on Immigration and an Employer’s Workforce

Trump's Executive Orders presently do not affect employees who are authorized to work at the present time but may affect any workers who are determined to be illegal aliens because existing immigration laws will be enforced. Trump's Executive Orders and the Administration's expected practices may reduce the number of legal workers in the future. 

The Executive Orders issued on January 20, 2025, address the following:

• Entry of illegal aliens suspended (no more catch and release)

• Illegal aliens not allowed to invoke provisions of the Immigration and Nationality Act (such as claiming asylum)

• No entry without medical and criminal history clearance

• All illegal aliens who enter on or after 1/20/25 will be removed

• Screening enhanced

• Existing immigration laws enforced

• CBP One App terminated (allowed people to apply for lawful status while outside the US and to schedule an appointment at a port of entry)

• All categorical parole programs, including "Processes for Cubans, Haitians, Nicaraguans and Venezuelans," terminated after 1/20/25 for new persons

• Refugee Admissions Program suspended until Trump decides otherwise
  

Most work-authorized immigrants fall into one of the following categories and the workers presently in the US in these categories are not affected by the executive orders:

• Temporary Protected Status (TPS) for certain people from 17 designated countries - approximately 863,775 as of 3/31/24 - with most from El Salvador, Haiti and Venezuela. 

• Parole programs, which admit immigrants for urgent humanitarian or significant public benefit reasons - currently approximately one million persons. As noted previously, categorical parole programs will not be available during the Trump Administration, instead parole will be considered based on each individual's circumstances.  

• DACA or Dreamers Program - Affects approximately one million persons (and there are maybe four million who did not apply or dropped out). Trump previously tried to end this program and stated that he wanted Congress to approve a new law for Dreamers.  

• Deferred Enforced Departure - Affects people from Lebanon, Liberia, Hong Kong and Palestine who are not lawfully in the country; some have been granted temporary work authorization.

• Various guestworker programs (H-2A and H-2B), totaling around 500,000 persons, which generally not available except for seasonal workers.

• Green card applicants and non-immigrant visa applicants - During the previous Trump Administration, the government interpreted the requirements more strictly than prior administrations and that approach is returning.

• Refugees and Asylees - The previous Trump Administration substantially reduced the number of people who were treated as refugees or asylees and his executive orders will have the effect of reducing admission of new refugees and asylees.

Although there is no statutory standard, there are consequences for overstaying authorized status, including removal from the U.S. and being barred from entering the U.S. in lawful status in the future. Also, when work authorization expires, the employer is required to terminate employment or face civil and/or criminal penalties.

The work authorization for those granted TPS status or Deferred Enforced Departure has expired or will expire in 2025 or 2026. Presently, we expect the Trump Administration to terminate TPS status for people from El Salvador and Venezuela. The work authorization for people from El Salvador expires March 9, 2026. The work authorization for certain people from Venezuela expires April 2, 2026. The work authorization for TPS holders from Afghanistan, Cameroon, South Sudan and certain people from Venezuela has expired. The work authorization for TPS holders from Burma (Myanmar), Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, and Syria expires this year unless extended. For those granted Deferred Enforced Departure, work authorization for those from Hong Kong expired February 5, 2025, from Palestine expires August 13, 2025, and from Liberia expires June 30, 2026, unless extended. 

In January 2023, the Biden Administration announced an expedited process to grant deferred action to workers who are victims or witnesses of labor violations. The program protects illegal alien workers from deportation while a labor investigation is ongoing by any federal, state or local law enforcement agency (e.g., OSHA, NLRB, EEOC, DOL). If granted, the protection lasts for four years and comes with work authorization for four years. The Trump Administration might terminate this program because it has no statutory basis.

This article is part of our March 2025 Newsletter. 

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