In a Jan. 13, 2025, alert, McGuireWoods urged employers to prepare for a drastic shift in federal immigration policy following the inauguration of President Donald Trump. The Trump administration has since moved swiftly to fulfill its promise of increased immigration enforcement, publishing an executive order regarding birthright citizenship, rescinding longstanding Department of Homeland Security (DHS) guidance and ending humanitarian parole programs put in place by the Biden administration. The administration immediately took enforcement actions, with Immigration and Custom Enforcement (ICE) reporting 2,400 immigration-related arrests since Trump’s inauguration.
Immediately following his Jan. 20 inauguration, Trump issued an executive order rescinding birthright citizenship for children of people present in the United States illegally or on temporary authorization. The order has since been blocked by U.S. District Judge John Coughenour, who issued a temporary restraining order declaring the executive order unconstitutional under the 14th Amendment, which guarantees citizenship to any person who is born on, and subject to the jurisdiction of, U.S. soil. Trump announced his intention to fight the restraining order the same day the opinion was published.
The acting secretary of DHS issued two directives regarding immigration on Jan. 20. The first rescinded a Biden-era DHS policy limiting where federal immigration enforcement actions, including raids and arrests, could take place. The rescinded policy required DHS agents to seek additional approval before taking enforcement actions in “protected areas,” defined as “locations that would restrain people’s access to essential services or engagement in essential activities.” Schools, hospitals, places of worship and social services establishments were identified as examples of “protected areas.” During the Obama administration, DHS had issued similar guidance to ICE in 2011 and to Customs and Border Protection (CBP) in 2013.
The second directive terminated parole programs put in place by the Biden administration that granted entrance to migrants from Cuba, Haiti, Nicaragua and Venezuela who are fleeing their countries for humanitarian reasons. Parole will now be authorized on a case-by-case basis. In a press release addressing both directives, a DHS spokesperson stated, “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
While this “common sense” standard has yet to be clarified, DHS officials may already be acting on the administration’s directive. On Jan. 24, Chicago Public School (CPS) leaders reported that DHS agents requested and were denied entry to a South Side Chicago elementary school. Initially identified as ICE agents by CPS, the officials were later identified as members of the U.S. Secret Service investigating an unspecified threat against a government official. In response to DHS’ attempt to gain access to the school, CPS reiterated that it would not allow ICE or any DHS officers onto school grounds “in alignment with the Illinois TRUST Act and Chicago’s Welcoming City Ordinance.” The Illinois TRUST Act prohibits local law enforcement in Illinois from participating in immigration enforcement, while Chicago’s Welcoming City Ordinance prohibits city agencies and employees from participating in civil immigration enforcement.
Illinois is not the only state with laws restricting state and local law enforcement’s involvement and assistance in federal immigration enforcement matters. Cities and counties in 13 states including California, Colorado, Maryland, Michigan and Washington, have passed laws that prohibit or restrict local and or state agents (including law enforcement) from aiding or participating in raids alongside ICE.
The Trump administration has indicated that historic “sanctuary cities” will not be safe from federal enforcement actions. Trump’s newly appointed border czar, Tom Homan, stated that ICE and other federal immigration officials will be focusing their efforts to locate illegal immigrants with criminal records primarily in sanctuary cities, where there will likely be “collateral arrests.” In addition to the above-mentioned 2,400 arrests, ICE officials have announced “enhanced targeted operations” in Chicago. Arrests have also been reported to have taken place in New York City, Los Angeles and San Francisco.
Several states have taken the opposite tack, passing laws mandating that local agencies participate or aid in federal immigration enforcement to varying degrees. States such as Florida, Texas, South Carolina and Georgia require local agencies to be significantly involved in deporting undocumented immigrants. These states impose additional requirements on private employers to verify their workforce’s identity and legal authorization to work in the U.S. with the online federal system, E-Verify. Since Trump’s inauguration, several ICE raids have been reported across Texas, indicating that the Trump administration’s immigration efforts will not be limited to sanctuary cities.
Regardless of location, it is important for companies and organizations to remain aware of their legal rights concerning immigration enforcement. Companies should take the time to create or revise an action and communications plan to ensure frontline employees know how to respond if an immigration agent shows up at the workplace. The plan may include details on steps to take, including what is required to be communicated, who at the company to notify, and whether and when to allow access to requested documents or personnel.
For assistance with immigration compliance training; assessing the adequacy of immigration policies and procedures; performing a self-audit or defense of a government audit, investigation or workplace raid; or other immigration-related questions, contact the authors or other members of the McGuireWoods labor and employment or immigration teams.