The first week of any new presidency is often packed with executive orders, policy changes, and regulatory shifts. President Trump supercharged that trend during his initial days back in the White House with a flurry of policy actions to restructure the U.S. government.
His executive orders were wide and sweeping, touching immigration policy, DEI programs, the Affordable Care Act, and more. The ramifications for workforces are likely significant yet still murky.
So, what are HR professionals to do when it seems the ground beneath them is shifting?
First, take a deep breath. While some of President Trump’s actions could have an immediate policy impact, others are already facing federal lawsuits and may not even come to pass.
Second, stay informed. That’s where we come in. In this article, we’re going to outline some of the meatier portions of the administration’s early actions that could affect employers and employees.
Finally, take action to prepare for what’s coming when possible. While there is inevitably going to be a lot of wait-and-see, there are some action items you can take away to help you better prepare for some of these orders.
Now, let’s take a look at President Trump’s first week and the HR areas that could be impacted.
Possibly one of the most closely watched executive actions from President Trump’s first week in office was his directive focusing on strengthening immigration enforcement and border security. The executive order “Protecting the American People Against Invasion” calls for a shift in immigration policy that could have far-reaching implications for employers, including potential challenges related to Form I-9 compliance and workforce stability.
What to know: The order mandates a reversal of many immigration policies from the Biden administration, replacing them with stricter eligibility requirements and a narrower scope for granting work authorization. In particular, the executive order:
Significantly cuts back programs like Temporary Protected Status (TPS) and humanitarian parole, which had expanded in recent years and broadened the scope of work-authorized individuals and the documents they may present for Form I-9 purposes.
Further restricts the issuance of work permits to individuals who, under previous administrations, were granted work authorization despite their unauthorized status. This could include certain individuals seeking asylum, beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program, and individuals benefitting from TPS or other humanitarian programs.
Increases the number of U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) officers as the administration attempts to ramp up immigration enforcement.
Possible challenges: The executive order's impact on work permits for those currently eligible under existing laws and regulations remains uncertain. While the administration may attempt to modify regulations governing work permit eligibility, such actions could face legal challenges. The executive order’s call for increasing enforcement could also be constrained by funding limitations. ICE currently faces a budget shortage of $230 million, meaning President Trump would possibly need to secure more funding from Congress.
Nevertheless, these changes could lead to disruptions in the workforce as employees previously eligible for work authorization may lose their employment eligibility. Employers might also see a rise in worksite related investigations, either through Form I-9 audits or raids in instances where there is evidence of unauthorized employment.
What to do: While there will be some immediate fallout with ICE raids already sweeping through some U.S. cities, it could be awhile before the order’s full impact is felt. That should hopefully give employers some time to be proactive in helping button up their Form I-9 processes. Since ICE typically only gives three business days’ notice in the case of an I-9 inspection, getting audit-ready is often a first priority. To better prepare, employers should consider the following:
Review existing I-9 procedures and policies to help ensure compliance with current requirements.
Conduct an internal I-9 assessment, examining historical I-9s for potential errors and omissions, and correcting where possible.
Purge those I-9s which are beyond the federal retention period to help avoid potential issues during an I-9 inspection.
Train staff on the latest I-9 requirements and potential challenges related to the executive order.
Stay informed about policy updates and changes to work authorization eligibility criteria.
Seek legal guidance if needed to help navigate the complexities of the changing immigration landscape.
Then you can focus on bigger-picture strategies to help ensure you continue meeting I-9 regulations, such as creating a procedures manual for Section 2 completers and automating your Form I-9 processes. For additional resources, refer to our HR checklist for I-9 enforcement and I-9 Survival Tips eBooks.
Diversity, equity, and inclusion was one of the primary focuses of President Trump’s first few days as he directed all federal DEI staff to be put on paid leave and gave executive branch departments and agencies 60 days to eliminate DEI programs, including all chief diversity officer jobs, equity action plans, and environmental justice positions.
What to know: In addition to eliminating DEI positions and programs, departments and agencies are being required to give the White House Office of Management and Budget an accounting of previous DEI efforts, including the names of relevant DEI contractors and DEI grant recipients.
Additionally, Trump signed executive orders that would:
Freeze federal hiring, with exceptions – notably immigration and border enforcement posts and U.S. military jobs, plus a generic exception for to “maintain essential services.” The action bars contracting with outside labor to circumvent the hiring freeze.
Require all federal workers to return full-time to in-person work.
Make it easier to fire federal workers by reinstituting an executive order from the first Trump administration, which was later repealed under Biden.
Require a “Federal Hiring Plan” within 120 days to set new standards for hiring federal workers.
What to do:
Documentation: Employers involved in or impacted by federal mandates should document all workforce decisions thoroughly to help defend against potential litigation.
Legal Reviews: Conduct reviews of DEI programs and related contracts to help ensure adherence with the reporting requirements without potentially violating privacy laws.
Employee Communication: Transparent communication with employees regarding layoffs, terminations, and program changes can help mitigate confusion and reduce the risk of potential legal disputes.
Collaboration with Legal Counsel: Proactively consult with legal experts to navigate the shifting regulatory landscape and assess risks related to employment law regulations, layoffs, and DEI program changes.
While President Trump’s executive actions do not necessarily directly address identity fraud, they could introduce several potential avenues for increased fraud that could impact families. For example, the increased scrutiny of immigration status may cause individuals to share personal information more frequently with various agencies and service providers. Without proper safeguards, this uptick in information sharing could lead to higher risks of identity theft, affecting all family members, including children whose Social Security numbers can be misused without immediate detection.
What to do: Consider offering an identity theft protection benefit to your employees to help stem the tide against growing threats of identity fraud and help lighten the burden of monitoring and safeguarding their accounts, credit, and digital identity on their own.
We’re going to work to stay on top of future developments so you continue to stay informed. We’ve created a 2025 Legislative Changes Resources Page to house content related to changes made by the Trump administration. This page – which includes links to articles, webinars, videos, eBooks, and more – will be updated throughout the year as additional legislation is passed and requirements come into clearer focus.
The information provided is intended as general guidance and is not intended to convey any tax, benefits, or legal advice. For information pertaining to your company and its specific facts and needs, please consult your own tax advisor or legal counsel. Equifax Workforce Solutions provides services that can help employers reduce their compliance risks. Details on our provision of these services and related support will be contained in your services agreement. Links to sources may be to third party sites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.