Early Major Actions Taken By the Trump Administration

The first few weeks of the second Trump Administration have involved extensive use of executive powers. Numerous policies and orders from the Biden Administration have been replaced and the priorities of the Trump Administration are starting to take shape. Like all actions made by elected officials, the Administration’s policies have seen no shortage of public and legal scrutiny, with an equal amount of fervor in support of its decisions. Below are some of the major actions taken in the first few weeks that affect public and private entities, employers and employees, and those in the United States in general.

1. Government Spending
   • The Administration sent waves across the country when the Office of Management and Budget announced a pause on payments for all federal grants and other programs. This was a move that created mass uncertainty as to the funding of billions of dollars and programs ranging from school lunches to healthcare. The freeze was instantly met with a lawsuit questioning the constitutionality of the action. Ultimately the spending freeze was rescinded but the review of the federal spending remains a priority of the administration.
   • Echoing the Administration’s focus on federal spending, President Trump created the Department of Government Efficiency (“DOGE”) under the executive branch. DOGE’s mission aims to identify wasteful bureaucratic spending and target areas of the federal workforce that would be suitable for “headcount reductions.”
2. Immigration
   • The Administration has been active in its enforcement of immigration laws, embarking in large-scale deportations in major US cities. The executive order declaring an emergency at the southern border will no doubt have an impact on the border community as it invokes the President’s power to call up military reservists and shifts funds towards the building of the border wall. A Department of Justice memo threatened local and state actors from “resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands or requests.” The Administration’s hardline stance against sanctuary cities is once again brought into the spotlight, with legal clashes likely to ensue over the level of federal commandeering that can occur as from immigration enforcement.
   • A major executive order issued by the Administration declared the elimination of birthright citizenship. The legal principle, which was enshrined in the 14^th Amendment, guaranteeing citizenship for freed African American slaves, has gone virtually unchallenged for 150 years. The Administration argues that the language of the 14^th Amendment excludes undocumented individuals’ children from being granted citizenship. A federal court blocked the order and the legal battle will determine if the Administration’s interpretation is correct or if a constitutional amendment would be required to end birthright citizenship.
   • With the uptick in immigration enforcement actions, employers who employ migrants, such as those on I-9 status, should expect increased regulation and scrutiny over migrant employee documentation. Employers should consult with their counsel and/or immigration attorneys to ensure that documents which establish identity and employment authorization are readily available and up to date. Fines for I-9 violations can range from $281 to $2,789.
3. Education
   • The intersection between education and immigration law came to forefront of national news when the Administration rescinded the 2011 “sensitive locations” policy. The policy prohibited ICE and other law enforcement from carrying out immigration enforcement actions in certain locations including schools, churches, and hospitals. The policy was replaced with law enforcement being authorized to use “common sense” in their enforcement decisions, though the exact parameters of this are not clearly defined. Whether ICE plans on targeting these formerly sensitive areas and how frequently, remains to be seen. If faced with a warrant, these locations should consult with their legal counsel to discuss how they would like to proceed and what legal protections they may have.
   • Another executive order seeks to threaten the withholding of federal funds from public schools due to “indoctrination” and “radical, anti-American ideologies” that the administration alleges students have been subjected to. Schools can expect legal challenges to follow as the federal government does not have the authority to establish the curriculum of schools. See 20 U.S. Code § 1232a.
4. International Commerce
   • The Administration has suggested that it is still on track to implement 25% tariffs on Mexico and Canada on February 1^st. These two countries are two of the U.S.’s three largest trading partners with over $2.1 trillion flowing through imports and exports. Importing U.S. companies would be significantly affected by such tariffs and if they go into the effect, should seek counsel to ensure compliance with the new rates and import laws. The Administration threatened tariffs on Columbia after the nation refused to cooperate with deportation attempts, but ultimately cooperated, avoiding the economic consequences.
5. DEI and Civil Rights
   • The Administration took a major step in its efforts against “diversity, equity, and inclusion” (“DEI”) by rescinding a 60 year old executive order requiring federal government contractors to develop affirmative action plans for women and minorities. Calling them “illegal,” the order establishes a hard stance against DEI and similar ideologies as a violation of the Civil Rights Act of 1964.
   • President Trump signed an executive order establishing that it is the policy of the U.S. to recognize two sexes, male and female, and that sex is not a synonym for “gender identity.” The order will change policies involving federal documentation such as passports and visas. Furthermore, the order shines light on potential future changes to Title IX policy which may involve a return to the 2020 rules or new ones altogether.

The Trump Administration remains active in the implementation of its policies through the executive branch. If an executive order, federal rule change, or any other modification to U.S. law affects your public or private industry, our attorneys are available to discuss your legal matters.At JCA Law, we are committed to providing expert legal counsel tailored to your needs. Whether you're seeking guidance in education law, employment law, or general civil litigation, our experienced team is ready to assist you. Please contact us at one of our 3 locations.Laredo216 W Village Blvd Suite 202 Laredo, TX 78041, USAOffice: (956) 717-1300San AntonioOne International Center, 100 N. E. Loop 410, Suite 1070 San Antonio, TX 78216, USAOffice: (210) 465-7440Corpus Christi4466 South Staples St. Corpus Christi, TX 78411Office: (361) 333-229