Immigration and Nationality Act: Trump Steps Up Enforcement

You already understand the need to have new hire paperwork, such as Form I-9, in order. Now with the spotlight on illegal immigration, that has become more pressing.

One of President Donald Trump’s new executive orders, Protecting the American People Against Invasion, seeks to improve national security and public safety by enforcing laws such as the Immigration and Nationality Act (INA).

The January 20, 2025, executive order specifically mentions Sec. 274a of the INA. That section of the law contains a long list of employer requirements related to verifying employees’ identity and employment authorization.

The President has directed the Department of Homeland Security (DHS) and others to take action to ensure that employment authorization is being provided in a manner consistent with Sec. 274a of the INA. Furthermore, he states that employment authorization shouldn’t be provided to any unauthorized alien in the United States.

Implementing the Law

The executive order highlights other sections of the INA — a law which dates back to 1965 and which was later amended by the Immigration Reform and Control Act of 1986.

Sec. 212(d)(5) of the INA deals with the government’s ability to grant parole to certain noncitizens. These are individuals who have been allowed into the country but haven’t been formally admitted for purposes of immigration law, according to U.S. Citizenship and Immigration Services (USCIS).

Under the INA and as reiterated in the executive order, the DHS is instructed to exercise its parole authority on a case-by-case basis and only when there’s:

• An urgent humanitarian reason, or
• A significant public benefit.

Next, Sec. 244 of the INA permits the designation of Temporary Protected Status in certain situations.

Eligible nationals of a designated country must meet many requirements including filing a form — currently, that’s Form I-821, Application for Temporary Protected Status. At the time of filing, they can request an Employment Authorization Document by submitting Form I-765, Request for Employment Authorization.

As spelled out in the executive order, when the DHS grants Temporary Protected Status, that must:

• Be appropriately limited in scope, and
• Last for only so long as is necessary to fulfill the law’s requirements.

Addressing Illegal Immigration

The executive order references federal agencies that work under DHS, saying they should set priorities in the interest of public safety and national security. Those agencies are:

• Immigration and Customs Enforcement (ICE)
• Customs and Border Protection (CBP), and
• USCIS.

In addition, the number of ICE and CBP officers and agents is expected to increase, subject to available appropriations.

The call to address illegal immigration extends to the state level as well. The attorney general and secretary of DHS will be working together to establish homeland security task forces in all 50 states, according to the presidential order.

The Risk of Fines and Penalties

Civil fines and penalties will be assessed and collected from illegal aliens present in the United States, the executive order makes clear.

With that in mind, employers can take this opportunity to review their policies and practices to confirm they’re in line with the requirements of the INA as well, especially given that the DHS issued inflation-adjusted penalty amounts effective January 2, 2025.

Of course, using E-Verify is one way to ensure compliance.

Some Opposition

Legal opposition to this executive order has centered around expedited removal under the INA.

Two complaints — Make the Road New York v. Benjamine Huffman and Refugee and Immigrant Center for Education and Legal Services v. Noem — have been filed in federal district court. The filing dates were January 22, 2025, and February 3, 2025, respectively.

To see an updated list of executive orders impacting HR, check out New Executive Orders: What HR Should Know for Trump 2.0.