Humanitarian Protections And Work Permits Narrowed In Trump Executive Order

At A Glance

During the first week of his second term as president, Donald J. Trump signed a series of executive orders and memoranda focused on redefining US immigration policies and priorities. These establish a framework for the Administration's vision for immigration and signal broader policy shifts over the next four years.

The president's executive order titled, "Protecting the American People Against Invasion," and dated January 20, 2025, sheds light on the direction the Administration will take in immigration enforcement. For employers, the order may impact the type of work authorization held by certain employee populations, including the ongoing availability of those work options.

HIGHLIGHTS FROM THE Executive Order

The order includes provisions that could significantly affect humanitarian programs and employment authorization for certain populations. More specifically:

• Agencies are required to restrict humanitarian parole programs, allowing their use only on a case-by-case basis and only "when the individual demonstrates urgent humanitarian reasons or a significant public benefit derived from their particular continued presence in the United States." The US government administers many parole programs that allow individuals to enter or remain in the United States, including the Uniting for Ukraine program established in response to the Ukrainian crisis; the International Entrepreneurs program for individuals who demonstrate their start-up entities have the potential for rapid growth and job creation; the Filipino World War II program for veterans and their families; and a parole program for immigrants who are active-duty members of the US armed forces. It is unclear from the executive order how these programs will be amended specifically to align with the order's stated goal.

• The order also directs agencies to ensure that designations of Temporary Protected Status (TPS) are limited in scope and duration. The Department of Homeland Security (DHS) may designate citizens of a foreign country for TPS because of conditions that prevent these individuals from returning home from the United States safely, such as when a country is facing ongoing armed conflict, an environmental disaster, or other extraordinary and temporary circumstances. Beneficiaries of TPS are authorized to live and work in the United States for the duration of the TPS designation. Currently, countries designated for TPS include Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.

• The executive order states that agencies should not grant employment authorization to anyone whose presence is unauthorized in the United States. The executive order does not provide examples, but presumably this would include individuals who entered the United States without authorization, remained beyond their authorized period of stay, or violated other immigration laws but who—under prior Administrations—have been eligible for and granted work authorization. Examples might include:
  • Certain individuals seeking asylum
  • Recipients of the Deferred Action for Childhood Arrivals program (also called "Dreamers"),
  • Certain individuals granted TPS or other forms of humanitarian or public interest relief.

WHAT THIS MEANS FOR EMPLOYERS

• Employees who were able to renew their work authorization under prior Administrations may no longer have that option as a result of the implementation of the order by the relevant agencies, including DHS. Consequently, employers may experience disruptions in their employees' work authorization.

• Work authorization applications may face processing or other adjudication delays due to heightened scrutiny and agency resource constraints. Planning ahead can help minimize disruptions.

• Employers should be prepared for potential changes in the eligibility criteria for humanitarian programs and work authorization, which may influence their recruitment, hiring, and retention strategies.

HOW MAYER BROWN CAN HELP

President Trump's first week in office provided a clear roadmap of his policy priorities and the beginning of a significant overhaul of immigration policies. These measures reflect the Administration's emphasis on enhanced security protocols and stricter enforcement, while underscoring a decisive shift toward reevaluating existing humanitarian programs.

Employers should monitor legal developments closely and understand the impact of policy changes to their workforce. Mayer Brown is poised to help employers understand changing requirements, alternative options for work authorization, and any risk exposure associated with these changes.