Impacts to the Immigrant Workforce in the New Trump Administration
Within the first few weeks of taking office, President Donald Trump has moved forward with several executive orders and actions directing agencies on immigration law and policy. Many of the actions could impact employment-based visa programs and other immigration programs utilized by the tree care industry. TCIA’s government-relations team put together the following analysis of noteworthy immigration actions taken during the first weeks of the Trump administration.
“Protecting the American People Against Invasion”
On his first day in office, President Trump signed an executive order (EO) titled “Protecting the American People Against Invasion.” This order broadly directs the Department of Homeland Security’s (DHS’s) U.S. Immigration and Customs Enforcement (ICE) agency and the U.S. Citizenship and Immigration Services (USCIS) to closely enforce immigration laws pertaining to immigrants without legal permission to enter or live in the United States.
Specifically, the EO directs the DHS secretary to prioritize successful enforcement of final orders of removal. Additionally, the EO directs increased enforcement action in the form of civil fines and penalties, and it aims to ensure DHS assesses and collects all fines and penalties from individuals unlawfully present in the U.S., as well as from those who facilitate such individuals’ presence in the U.S.
These provisions could lead to an uptick in worksite enforcement action and penalties for employers, including increased audits for employment verification documents (i.e., Form I-9) and potential investigations and worksite visits for immigration compliance. Employers could face penalties from these federal agencies or others if they are not in full compliance with these laws, and they may be viewed as “facilitating” the presence of immigrants without legal status.
More guidance is needed from USCIS, ICE and other relevant agencies to ensure employers are in compliance. In the meantime, TCIA members should review their compliance with employment-based immigration laws.
Protecting the U.S from foreign terrorists and other threats
Another EO from Trump’s first day in office is titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This EO aims to tighten immigration controls through enhanced agency vetting and screening of visa applicants across federal agencies such as DHS, the State Department and the Department of Justice.
To comply with the enhanced vetting and screening, the EO calls on relevant agencies to implement safeguards preventing refugees from being admitted into the U.S. without stringent identification verification and to evaluate all visa programs to ensure they are not used by foreign hostile states or actors to harm the country.
While this EO does not appear to have significant impacts to employers immediately, relevant agencies like DHS will likely increase security measures to the employment-based visa process. This could lead to future slowdowns for companies seeking to obtain visas for their workers. TCIA will continue to watch for updates from DHS regarding regulations to update the visa process.
DHS revoking TPS for Venezuela
On February 5, USCIS published a notice in the Federal Register stating that the agency would be terminating the 2023 Temporary Protected Status (TPS) designation of Venezuela. TPS recipients under the 2023 Venezuela designation will no longer have TPS after April 7.
Venezuela was originally granted TPS in 2021 under the Biden administration. The designation was extended twice by former Secretary of Homeland Security Alejandro Mayorkas, and in October 2023, Mayorkas created a new, separate designation for Venezuela for 18 months (“2023 designation”), resulting in two separate and concurrent Venezuela TPS designations. In January 2025, Mayorkas ordered an additional 18-month extension to the 2023 designation, which would have kept the designation intact until October 2026. Trump’s DHS secretary, Kristi Noem, vacated the extension soon after her confirmation and followed that decision with this notice to terminate the designation entirely.
To clarify, the termination only impacts the 2023 designation, and the 2021 TPS designation remains in effect through at least September 10. However, given the notice for the 2023 designation, the future of the 2021 TPS designation for Venezuela is uncertain.
The tree care industry employs many TPS workers, and TCIA routinely advocates for continued protections for TPS recipients, as they contribute significantly to the success of these businesses and the U.S. economy in general. According to the notice, DHS estimates that 348,202 individuals were eligible for TPS under the 2023 Venezuela designation.
TCIA will continue to monitor and keep members apprised of significant immigration updates that may impact the industry’s workforce.
Bailey Graves is a senior associate with Ulman Public Policy, TCIA’s Washington, D.C.-based advocacy and lobbying partner.