Executive Order 14160 – Birthright Citizenship
The Trump Administration seeks to eliminate the application of birthright citizenship in the case of children born of a mother who is either in the U.S. illegally or is here legally but on a temporary visa and whose father was not a U.S. citizen or permanent resident at the time of birth. This order has faced multiple legal challenges, as the principles of birthright citizenships are enshrined in the United States Constitution. To-date this executive order has been by federal judges in Seattle, Washington and Maryland. If the Trump Administration continues to seek implementation of this Executive Order, this issue will likely go to the Supreme Court for resolution.
This order if it stands, will have a significant impact on immigration in the United States by creating more obstacles for both family-related and employer-sponsored immigration.
Executive Order 14161 – Enhanced Vetting and Screening Across Agencies
The Trump Administration has ordered the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence to develop procedures to vet and screen to the “maximum degree possible” foreign nationals who are applying for visas, admission to the U.S. or who are already inside the United States, particularly in the case of foreign nationals coming from regions or nations with identified security risks. This executive order largely reiterates the Trump Administration’s Proclamation 9645, from his previous term. While we do not yet know the specific details of this enhanced visa vetting and screening process, it is highly likely that the processing of visa applications abroad and immigration benefits in the United States will be impacted both generally and specifically for citizens of countries that the United States deem to be security risks. One likely impact will be delays in the visa application process at US Consulates abroad.
Federal Hiring Freeze
The Trump Administration has announced a freeze on new hiring by most federal agencies, including the United States Citizenship and Immigration Services (USCIS), until the Office of Management and Budget (OMB) in consultation with the Director of the Officer of Personnel Management and the Administrator of the United States Department of Government Efficiency (DOGE) submit a plan to reduce the size of the Federal Government’s workforce through efficiency improvements and attrition. The USCIS is a very large agency within the federal government already struggling with understaffing. A freeze on hiring- especially during a transition between administrations, when many employees may retire or leave combined with any reduction in workforce, is likely to cause significant processing delays in skilled immigration applications across the board.
