Trump’s Immigration Crackdown: Key Policies & Impact on Businesses

President Trump has launched the most extensive deportation effort in U.S. history, reshaping immigration laws. An estimated 11-15 million undocumented immigrants live in the U.S. The Executive Orders and policy changes released since the inauguration have significantly impacted undocumented immigrants and legal immigration pathways.

President Trump’s First Two Weeks: In General

Deportations and arrests by Immigration and Customs Enforcement (ICE) have risen sharply since President Trump’s Executive Orders. Both surpass the numbers from the era of former President Biden, but remain below the peak during former President Obama’s administration (especially his first term). However, there is likely going to be a significant “ramping up” of arrests and deportations over the next few weeks.

Along with the enforcement efforts of the administration, you can expect to see legal challenges work their way through the courts. Already a federal judge blocked the executive order aimed at limiting birthright citizenship. In addition, some state Attorneys General have vowed to fight President Trump’s crackdown on sanctuary cities.

Specific Major Trump Administration Actions on Immigration

The administration has issued four major Executive Orders affecting immigration:

1. National emergency declaration at the border: enables military deployment to enforce border security

2. Attempting to end birthright citizenship for the U.S.-born children of undocumented parents: challenged in court; temporarily blocked by a federal judge

3. Suspending the refugee admissions program: 90-day suspension impacts over 100,000 refugees resettled annually

4. Order against sanctuary jurisdictions: threatens to withhold federal funds from states / cities that attempt to limit ICE enforcement

In addition, the administration took the following actions:

• Termination of CBP One Mobile App, which previously helped migrants apply for asylum in an orderly manner
• Fast-tracked deportations for 1.4 million immigrants who were granted temporary parole through Biden-era programs
• Expanded "expedited removal" process, meaning immigration authorities can now deport undocumented individuals without a court hearing
• Immigration arrests are now allowed at schools, hospitals, and churches
• Authorization of state & local law enforcement and state National Guard for immigration enforcement
• Large-scale immigration raids were conducted in cities like New York and Chicago, targeting undocumented individuals

Who Is Affected?

The changes mainly target individuals who crossed the border illegally, overstayed their visa, or have requested asylum. For now, individuals under Temporary Protected Status (TPS) and other humanitarian programs are excluded. The Deferred Action for Childhood Arrivals (DACA) program benefitting approximately 538,000 Dreamers also remains untouched (for now). However, even legal migrants may now face deportation under Trump’s policies.

Regarding employment-based immigration, there have been recent news stories of a significant debate inside the Trump administration concerning the policies connected with H-1B work visas in particular. The H-1B visa program, which permits U.S. companies to employ foreign workers in specialized, “highly-skilled” occupations which requires a bachelors’ degree as a minimum job requirement.

Tech leaders like Elon Musk and Vivek Ramaswamy advocated for expanding the program to attract top international talent, emphasizing its importance for maintaining America's technological edge. Musk, an immigrant who utilized the H-1B visa himself, argued the U.S. needs to recruit the best engineers globally to remain competitive in areas like AI, battery storage, and nuclear energy. In contrast, other persons close to Trump have expressed concerns that increasing H-1B visas is inconsistent with the general principles of “MAGA” and could undermine American workers by depressing wages and reducing job opportunities.

It appears, for now, that President Trump, who had sought to restrict the H-1B program during his first term, has sided with Musk, stating he has "always been in favor of the program." Therefore, the current thought is work-related employer-sponsored visas (e.g., H1-B, TN, L, and Green card (EB-2 and EB-3) visas) will continue to be supported, but with possible higher scrutiny for some job positions. There is no information yet on if these have been or will be negatively impacted, either directly or through delay.

In addition, President Trump's recent executive order has revoked previous protections that designated places of worship as "sensitive locations," where immigration enforcement actions were generally avoided. This policy change permits federal immigration authorities to conduct enforcement operations within churches, schools, and hospitals.

As a result, churches that have historically provided sanctuary to undocumented immigrants may face significant challenges. The possibility of immigration raids within their premises could deter undocumented individuals from seeking refuge, thereby hindering the churches' mission to offer protection and support to vulnerable populations. Additionally, congregations may experience internal divisions, as members hold varying perspectives on immigration enforcement and the role of religious institutions in active or even passive civil disobedience.

This shift in policy also raises legal and ethical concerns for religious organizations. Churches may need to navigate complex legal landscapes to protect their congregants, preserve the traditional separation of government intrusion into private church governance, and uphold their religious commitments to shelter those in need.

Related: Now Is the Time to Conduct Form I-9 Audits (What’s the Tea in L&E)

Business Implications: What to Do If Immigration Authorities Arrive at Your Business

1. Develop internal written policies and procedures on the logistics of handling a visit to your business by ICE agents and train employees before events occur.
2. Appoint an authorized employee to interact with ICE and review and respond to requests.
3. Request identification of agents:
   • Names, credentials, and contact information of all agents
   • ICE agents must identify themselves and present any warrant or subpoena in a written format for review
4. Examine the warrant or subpoena carefully:
   • Does it have a case name on it “United States of America v. _________”? Is it signed by a judge? If it is an immigration related judicial warrant or subpoena, normally it will be signed by a federal district court judge or magistrate
   • Look at the top right corner for DHS form numbers (e.g., Form I-200 or I-205), which are administrative, are not signed by judges, do not authorize immediate searches or seizures, and can be refused (and are only effective with subsequent court order)
   • ICE agents cannot enter private areas (e.g., employee areas, offices behind reception) without a court order or consent.
5. Your response depends on the type of warrant or subpoena you receive:
   • If ICE does not have a valid judicial warrant, then politely refuse entry and request legal counsel
   • If it is a judicial subpoena, verify its deadline and scope (what persons, information and documents does it concern – and are they limited to citizenship issues) before responding
6. Do not provide information or documents voluntarily, especially legal protected confidential information.
   • FERPA, HIPAA, and other privacy laws sometimes protect sensitive records and information within certain records
   • A valid judicial warrant or subpoena may override FERPA and HIPAA, but you should consult an attorney if possible
7. Inform employees or clients that they always may assert their right to remain silent, to refuse to answer questions, and to request to first speak with an attorney.
8. Document the interaction:
   • Keep a contemporaneous record of who arrived, what they asked for, how the situation unfolded, and what was provided or refused to be provided
   • Obtain receipts and copies of all documents provided by ICE and to ICE
9. Do not:
   • Hide or assist employees or clients in evading ICE
   • Speak for or advocate for any adult person for whom you are not legal guardian
   • Provide false or misleading information
   • Destroy or alter records related to an ICE investigation
   • Doing so may result in criminal charges under federal law

If you have any questions or need help assessing the risk to your business or livelihood, please contact the author of this article, your Woods Rogers attorney, or a member of the Woods Rogers Labor & Employment team.