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Executive Order on “Securing Our Borders”
Juliana LaMendola • February 20, 2025
On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies, which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries.
Beyond restricting parole, the executive order introduces several border security measures, including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application. The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown
of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately.
The order also initiates the reinstatement of the “Remain in Mexico” program, also known as the Migrant Protection Protocols (MPP), across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country.
These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border. If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Juliana LaMendola
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The E-2 Visa is a non-immigrant visa that allows foreign investors from treaty countries to live and work in the United States by starting or purchasing a business. Unlike other visa categories, it does not require a fixed minimum investment amount. Instead, applicants must demonstrate that their investment is substantial and sufficient to ensure the success of their business. The visa is renewable indefinitely as long as the business remains active and meets the necessary criteria, making it an attractive option for entrepreneurs seeking long-term opportunities in the U.S. One of its key advantages is flexibility. Investors can establish a new business, acquire an existing one, or enter into franchise opportunities. Additionally, spouses and children under 21 can accompany the primary applicant, with spouses eligible to apply for work authorization. This makes the E-2 Visa a practical option for business-minded individuals looking to establish themselves in the U.S. market. While the E-2 Visa itself has remained a stable option, shifts in U.S. immigration policies have influenced the application process and overall investor experience. Understanding these changes is essential for anyone considering this pathway. Policy Shifts and the E-2 Visa: Lessons from the Past During the first Trump administration (2017–2021), U.S. immigration policies became more restrictive across multiple visa categories. Although the E-2 program was not directly limited, broader changes had an impact. The "Buy American, Hire American" Executive Order, signed in 2017, led to heightened scrutiny of visa applications, requiring investors to provide stronger evidence that their business would create jobs and contribute to the U.S. economy. This resulted in an increase in Requests for Evidence (RFEs) and denials for those unable to meet these expectations. Another significant change was the suspension of the Interview Waiver Program, which meant all E-2 applicants, including renewals, had to attend in-person interviews at U.S. embassies. This extended processing times and increased scrutiny of applications. Additionally, visa reciprocity agreements were reviewed and adjusted, impacting validity periods and costs for certain countries. For instance, Iranian citizens were deemed ineligible for the E-2 Visa due to the termination of the treaty. These adjustments significantly affected investors from impacted nations, increasing their costs and renewal frequency. Despite these policy shifts, the approval rate for E-2 visas remained relatively stable. According to data from the U.S. Department of State, there were over 43,000 approvals in 2019, reflecting the program’s continued viability. Even in 2020, when the COVID-19 pandemic caused global disruptions, approval numbers remained significant. These figures highlight that while the process became more rigorous, well-prepared investors continued to secure visas by demonstrating strong business plans, substantial investments, and clear economic contributions. What to Expect Moving Forward As the new Trump administration takes shape, further immigration policy changes are likely. While it is too soon to predict the exact impact on the E-2 Visa, past trends suggest increased scrutiny. However, the program itself has remained intact across multiple administrations, reinforcing its reliability for foreign entrepreneurs. Those considering this visa should stay informed and ensure their applications meet evolving requirements. A well-prepared investment strategy, clear documentation, and a defined job creation plan can make a significant difference in navigating any potential policy shifts. Why the E-2 Visa Remains a Strong Choice The E-2 Visa continues to be a resilient and valuable option for foreign entrepreneurs. Even during periods of policy change, approval rates have remained strong for investors with well-structured applications. The ability to renew indefinitely, combined with its flexibility in investment size and business type, makes it one of the most attractive pathways for international investors. With the right preparation, investors can confidently pursue the E-2 Visa, knowing that history has shown its stability even amid shifting political landscapes. By staying ahead of policy changes and ensuring a solid business strategy, entrepreneurs can take advantage of the opportunities the U.S. market has to offer. If you are ready to take the next step toward launching your business in the U.S., you can contact our office for expert guidance and personalized assistance with your application.
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On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 10, 2025, decision by former Secretary Alejandro Mayorkas that had extended the 2023 designation of Temporary Protected Status (TPS) for Venezuela and ordered that his January 17, 2025, notice re-designating Venezuela TPS be vacated. This action has understandably caused confusion and concern among Venezuelan TPS beneficiaries and those with pending applications. It is critical to clarify that this does not mean that the TPS program for Venezuela has been eliminated . Instead, the Department of Homeland Security (DHS) must now reconsider whether to re-designate (extend) or terminate the previous Venezuela TPS designations from 2021 and 2023. What Does the Vacatur Mean? Because the January 17, 2025, TPS extension was vacated, the most recent valid TPS designation for Venezuela remains the October 3, 2023, designation . The vacatur does not immediately affect TPS protections for individuals covered under the prior designations. However, DHS must make key decisions in the coming months: By February 1, 2025 , DHS must decide whether to extend or terminate the October 3, 2023, designation . By July 12, 2025 , DHS must decide whether to extend or terminate the March 9, 2021, designation . If the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months . INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Until these decisions are made, TPS remains in effect under the previous designations , and those who have already been granted TPS are not immediately impacted. Who Is Affected and What Should You Do? Current TPS Holders If you were already granted TPS under the March 9, 2021, or October 3, 2023, designations, your status remains valid. You must continue to comply with all re-registration requirements to maintain your protection and work authorization. Re-registration period: TPS beneficiaries under the 2021 and 2023 designations must re-register between January 17, 2025, and September 10, 2025 , to maintain their legal status and work authorization. Individuals with Pending TPS Applications as of January 17, 2025 If you applied for TPS before January 17, 2025 , under a previous designation, your application will continue to be processed . If your application is approved, your TPS protection will remain valid at least until April 2, 2025 . There is no need to reapply. Individuals Who Applied for TPS Between January 10, 2025, and January 28, 2025 If you applied for TPS during this period, USCIS will cease processing your applications and issue refunds of any fees paid in association with those applications . Additionally, USCIS will invalidate EADs; Forms 1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the January 17, 2025 Mayorkas Notice. What Happens Next? Given the Biden administration’s prior support for TPS, many expect DHS to extend or re-designate Venezuela for TPS rather than terminate it . However, no final decision has been made , and Venezuelan nationals with TPS or pending applications should continue to follow updates closely. What Should You Do Now? If you currently hold TPS , continue to comply with all TPS renewal requirements and remain aware of DHS’s upcoming decisions. If you have a pending application , check USCIS updates regularly and consult with an immigration attorney for the latest guidance. If you applied between January 17, 2025, and January 28, 2025 , seek legal counsel to understand how the vacatur may affect your application. Stay Informed and Get Legal Guidance Our immigration firm is closely following these developments and will provide updates as soon as DHS makes its decision. If you have questions about your TPS status or how this memo affects your case, contact our office today for a consultation. For more information, refer to the official DHS notice on the vacatur: Vacatur of 2025 Temporary Protected Status Decision for Venezuela .
