Since taking office earlier this year, President Trump has signed a flurry of executive orders, many of which greatly impact employment-related issues for employers. For example, Executive Order 14159, “Protecting the American People Against Invasion,” stepped up the enforcement of immigration laws through the U.S. Immigration and Customs Enforcement, the U.S. Department of Homeland Security, and the U.S. Department of Health and Human Services. Critically, however, there have not been any new immigration laws executed under the Trump administration. Instead, E.O. 14159 operates under the authority of existing immigration law, the Immigration and Nationality Act, 8 U.S.C. § 1302. Under this Executive Order, immigrants who do not comply with the Act’s registration requirements could receive civil penalties, be removed from the United States, or be detained.
Employers have always been subject to I-9 audits and ICE raids. With the current administration’s emphasis on immigration, it is imperative that employers take precautionary steps. Among other things, employers should know how to respond should they be raided by ICE. Moreover, employers should also ensure they are maintaining accurate records, such as I-9 forms and any supporting documents. As to maintaining appropriate documentation, employers should consider having legal counsel conduct an internal audit to ensure they have proper I-9 documentation. Being proactive with respect to I-9 compliance is preferable to responding to worksite enforcement actions or ICE raids, which can be chaotic.
More recently, on September 19, 2025, President Trump signed the “Restriction on Entry of Certain Nonimmigrant Workers” to implement changes for H-1B visas, which allow employers to petition for foreign professionals to work in specialized occupations. Trump’s proclamation, however, restricts the entry of foreign professionals by imposing a $100,000 fee on new H-1B visa petitions filed after September 22, 2025. The $100,000 fee does not apply to H-1B renewals, extensions, or petitions filed before September 21, 2025. On October 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) published information on how it would implement Trump’s proclamation, including how the required fee can be paid, as well as when exemptions may be granted.
The impacts on specialized industries, such as the healthcare and tech industries, could be far-reaching as the H-1B fee could stymie recruitment and decrease the availability of trained and experienced professionals. Multiple entities have protested the proposed H-1B fee. The American Medical Association, for example, has petitioned the Trump administration to exempt physicians, residents, and fellows from the H-1B fee. Moreover, on December 12, 2025, 20 states filed suit in Massachusetts Federal Court over the $100,000 fee. That lawsuit is ongoing.
President Trump’s proclamation reflects the administration’s larger agenda to prohibit “illegal preferences” in employment. For example, earlier this year, the EEOC announced plans to “target employers that illegally prefer non-American workers” through increased enforcement of Title VII’s national origin protections. The EEOC announced that its efforts will also target visa holders and other legal immigrants who are authorized to work in the United States.
More than ever, employers need to be aware of their obligations under federal immigration and anti-discrimination laws.