• Federal Workforce Buyouts and Immigration Impact
• Executive Order on Immigration Enforcement
• Birthright Citizenship Policy Change
• Deportation Actions and Increased Enforcement
• USCIS Waives COVID-19 Vaccination Requirement for Green Card Applicants
• CBP Removes Scheduling Feature in CBP One™ App
• Revocation of Extension of Venezuelan TPS

Federal Workforce Buyouts and Immigration Impact

The Trump administration has launched a “deferred resignation” program, allowing federal employees to resign by Thursday, February 6, while receiving pay and benefits until later this year. This is part of broader efforts to reshape the federal workforce, alongside a return-to-office mandate, a hiring freeze, and the closure of diversity offices.

Key points for HR professionals managing global mobility:

• It has not been announced who received the resignation offer emails and who did not, but immigration services (e.g., USCIS) are reportedly excluded from the program. As such, it is possible that USCIS operations, including employment-based visa and green card adjudications, will not be impacted.
• If DOL employees handling PERM processing and consular officers at U.S. embassies/consulates received buyout offers, that could potentially lead to delays in labor certifications and visa processing if key personnel choose to resign.
• USCIS operates on filing fees, not congressional appropriations, making it less vulnerable to staffing reductions compared to DOL or consular services.

Impact: While the full impact remains uncertain, employers should prepare for possible slowdowns in visa issuance and PERM adjudications if affected agency staff resign. We will continue monitoring the situation and provide updates as more details emerge.

Executive Order on Immigration Enforcement

On January 20, 2025, President Trump issued an Executive Order revoking Biden-era immigration policies and intensifying enforcement. Key measures include increased removal efforts, expanded detention facilities, heightened worksite enforcement, and more immigration officers. The order also withholds federal funds from “sanctuary” jurisdictions and prioritizes prosecution for unauthorized presence.

• The Executive Order expands state and local law enforcement involvement in immigration enforcement through federal agreements, allowing officers to perform immigration duties under DHS supervision. Additionally, it mandates the creation of Homeland Security Task Forces (HSTFs) in every state, integrating federal, state, and local agencies to combat transnational crime, human trafficking, and unauthorized immigration.

Impact: In-house immigration and mobility teams should prepare for stricter compliance checks, increased audits, and potential disruptions to foreign national employees. Employers should stay informed on agency guidance and adjust immigration strategies accordingly.

Birthright Citizenship Policy Change

The Executive Order seeks to end birthright citizenship, but a court has already issued an injunction, citing constitutional concerns. Legal challenges are expected to continue.

Impact: This may impact citizenship claims for U.S.-born children of foreign nationals, creating uncertainty for employees and dependents. Employers should monitor legal developments and advise affected employees to seek immigration counsel as needed.

Deportation Actions and Increased Enforcement

While mass deportations have not yet begun, enforcement has intensified, including arrests, deportation flights, and the lifting of restrictions on enforcement near sensitive areas. The U.S. military has been called to the southern border, though international cooperation on deportations remains uncertain. Advocacy groups are actively sharing “know your rights” resources.

Impact: Increased enforcement may heighten risks for employees with pending or complex immigration cases. Employers should reinforce compliance measures, provide resources to affected employees, and stay updated on policy developments.

USCIS Waives COVID-19 Vaccination Requirement for Green Card Applicants

Effective January 22, 2025, USCIS no longer requires COVID-19 vaccination documentation for adjustment of status applicants. Form I-693 will not need proof of vaccination, and USCIS will not issue RFEs or denials based on this requirement.

Impact: This simplifies the green card medical exam process for employees and reduces potential delays in adjustment of status applications. Employers should update internal guidance accordingly.

CBP Removes Scheduling Feature in CBP One™ App

As of January 20, 2025, CBP has eliminated the scheduling function in the CBP One™ app, canceling all existing appointments at southwest border ports of entry. Previously, individuals could submit advance information and schedule entry appointments.

Impact: This may impact foreign nationals seeking entry through land borders, particularly those using CBP One™ for processing. Employers should advise affected employees to monitor CBP guidance and prepare for potential delays at ports of entry.

Revocation of Extension of Venezuelan TPS

The Trump administration has revoked the 18-month extension of TPS for Venezuelans that was previously announced by the Department of Homeland Security (DHS) on January 10, 2025.

• Expiration Date: With the revocation, TPS for Venezuelans is now set to expire on April 2, 2025. After this date, unless further action is taken, individuals under this designation may lose their protected status.

Impact on Legal Status:

• Until April 2, 2025: Venezuelan nationals currently holding TPS retain their legal status and associated benefits, such as work authorization, until the expiration date.
• After April 2, 2025: If no extension or redesignation is granted before this date, TPS holders may fall out of status, making them susceptible to deportation and loss of work authorization.

Possibility of Future Extensions:

• Uncertainty of Extension: As of now, there is no indication that the Trump administration plans to extend TPS for Venezuelans beyond the current expiration date.

Impact: Employees working pursuant to Venezuelan TPS benefits will need alternative work authorized status or may not be able to work after April 2, 2025.