The Trump administration took office on Monday 20th of January 2025 and the Executive Orders (EO) have been coming in thick and fast. Panicked immigrants and potential visa applicants have been worried for their futures in the USA, and fear and worry have abounded. But what is the truth of immigration-related policies thus far as they affect visa applicants at the US Embassy in London? Please bear in mind that the situation is dynamic and can change at any moment, but at this moment, this is the most up to date information.
Travel Bans/ ‘Extreme Vetting’
One of the EOs issued this week is titled ‘Executive Order Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats’. Like the travel bans of Trump 1.0 which were widely challenged in court, this EO lays out the groundwork for potential travel bans and severe delays in visa processing for certain nationals. No such restrictions exist currently, but the administration will identify in the next 60 days nations with “deficient vetting procedures” and subject nationals of those countries to a complete or partial travel ban. This EO is likely to result in additional scrutiny of visa applicants of specific nationalities at US Embassies worldwide and non-immigrant visa holders already in the USA.
Birthright Citizenship
One of the most alarming, yet widely anticipated, EOs has been the order purporting to revoke automatic US citizenship being bestowed on a person born in the USA (‘Protecting The Meaning And Value Of American Citizenship’). This EO is currently not in force as court action was immediately brought in response. U.S. District Judge John C. Coughenour issued a temporary restraining order fully enjoining defendants from enforcing or implementing Sections 2(a), 3(a), and 3(b) of President Trump's executive order on birthright citizenship. (State of Washington, et. al. v. Donald Trump, et al., 1/23/25). In his decision, the judge notes: “There is a strong likelihood that Plaintiffs will succeed on the merits of their claims that the Executive Order violates the Fourteenth Amendment and Immigration and Nationality Act.”
Additionally, it is important to know that the EO (even if it were implemented, which currently it is not) does NOT apply retroactively. This means that all individuals born in the USA to date will remain US citizens and their status is not in jeopardy, even if born to parents who did not hold lawful US immigration status. The EO explicitly states that it “shall apply only to persons who are born within the United States after 30 days from the date of this order.”
‘America First’ EO
At first glance, this is seemingly not an EO aimed at immigration as it is framed as directing foreign policy to “champion core American interests and always put America and American citizens first.” Nonetheless, this EO may make it harder for US businesses to hire much needed employees from abroad and will harm US economic growth and interests. While more details are needed, this may be a more refined version of the ‘Buy American, Hire American’ EO issued during Trump 1.0 which resulted in increased scrutiny of employment-based visas and enacted additional barriers for businesses.
FEAR INSTEAD OF SOLUTIONS
Remember that the very purpose of the Trump administration is to spread fear and panic immigrant communities. Allowing fear to take over is allowing the purpose of the EOs to materialise. The present EOs do nothing to solve the multi-faceted challenges of the US immigration system and instead create harmful and bureaucratic policies. Their stated purposes of enhancing public safety and national security are but pretexts which only magnify the problems. Some EOs have already been challenged in court – successfully, and it is likely that many will follow suit as more details emerge.