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How Trump 2.0 has already affected employment-based immigration

March 2025 employment law letter
Authors: 

Kayla E. Snider, Skoler, Abbott & Presser, P.C.

President Donald Trump has emphasized immigration enforcement and implementation of “hire American” policies that will present challenges to an employer’s ability to hire and retain foreign talent. As expected, the president signed a number of Executive Orders (EOs) regarding immigration and national security his first day in office. These EOs didn’t impose immediate entry bans, but they did lay out his plans for future action that could affect international travel in the coming weeks and months. Further, the orders will result in an increase in the level of scrutiny foreign nationals will undergo at consulates and ports of entry and in immigration benefits adjudications. Here’s what you need to know.

ICE workplace visits

The president has cracked down on undocumented workers by instructing U.S. Immigration and Customs Enforcement (ICE) to conduct “raids,” including on workplaces. This year, there have already been hundreds of arrests during workplace raids in the Northeast alone. It’s time to make sure your employees are authorized to work if you haven’t already done so.

As an employer, you should have completed a Form I-9 for all of your employees. Form I-9s must be completed within three business days from the date of hire. With the increased focus on immigration, now is the perfect time to look through your Form I-9s and ensure they have been filled out correctly, were completed within three business days of the employee’s hire date, and that the employee doesn’t need to be reverified.

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