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
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.
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.
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.
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.
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)
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.
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).
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 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.”
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 Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
EOIR Issues Memo on Laken Riley Act
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-11 providing guidance on provisions of the Laken Riley Act, which was signed into law by President Trump on 1/29/25, that are directly relevant to EOIR operations.
Executive Order on Enhancing Visa Vetting and Screening
On 1/20/25, President Trump issued Executive Order (EO) 14161 to further enhance the vetting and screening processes across agencies all relevant federal agencies for purposes of visa issuance. (90 FR 8451, 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)
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 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)
Executive Order on Women and Gender
On 1/20/25, President Trump issued Executive Order (EO) 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” stating among other things that it is U.S. policy to recognize two sexes, male and female. (90 FR 8615, 1/30/25)
Presidential Memo on Expanding Detention Center at Guantanamo Bay to Full Capacity
President Trump issued a memo on expanding the Migrant Operations Center at Naval Station Guantanamo Bay to full capacity to “provide additional detention space for high-priority criminal aliens unlawfully present in the United States.”
Presidential Proclamation Suspending Entry at the Southern Border
On 1/20/25, President Trump issued Proclamation 10888, which identifies asylum seekers seeking entry at the southern border as an “invasion” against which the states need “protection,” and suspends physical entry until the president determines that the “invasion” has ended. (90 FR 8333, 1/29/25)
Executive Order Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists
On 1/20/25, President Trump issued Executive Order (EO) 14157, which orders the Attorney General and DHS Secretary within 14 days of the order to take all appropriate action, in consultation with the Secretary of State, to make operational preparations regarding implementation. (90 FR 8439, 1/29/25)
Executive Order on Birthright Citizenship
On 1/20/25, President Trump issued Executive Order (EO) 14160 denying citizenship to certain persons, including those born from a mother who was unlawfully present in the United States and the father was not a U.S. citizen or LPR at the time of said person’s birth. (90 FR 8449, 1/29/25)
Executive Order on America First Policy Directive to the Secretary of State
On 1/20/25, President Trump issued Executive Order (EO) 14150, which requires the Secretary of State to issue guidance bringing the Department of State’s (DOS) policies, programs, personnel, and operations in line with an America First foreign policy. (90 FR 8337, 1/29/25)