More Executive Orders in the Pipeline

There are three additional Executive Orders that were drafted and leaked in late January that could be signed by the President. These govern the DACA program, public benefits by foreign nationals, and nonimmigrant visas, with specific focus on H-1Bs. As of this writing, no new information has been issued or leaked about the fate of these EOs.

The DACA program remains in force and has not been affected by the previous orders. However, “Ending Unconstitutional Executive Amnesties,” would put the program on the chopping block. President Trump’s recent rhetoric assuring DACA recipients not to worry is at odds with the language in this draft. If signed, the DACA program would be terminated, work permits obtained through this program would not be renewed, and advance parole for travel would not be granted.
 
The second draft order scrutinizes the receipt of public benefits by foreign nationals. If signed, the order would direct DOS and DHS to reevaluate the “public charge” criteria for inadmissibility and removability, call for federal studies on the impact of low-skilled foreign workers on Social Security and the costs of the refugee program, as well as determine how to prevent “birth-tourism.”

The final Executive Order in draft format aims to protect the wages and jobs of low-skill American workers. This draft order expects DHS to expand the E-verify system and possibly terminate the issuance of work permits for parole recipients. Data would be published regarding the impact on immigration of wages and employment of U.S. workers since 2000. The draft order also turns an eye to high-skill immigrant work visas, such as H-1Bs. These could be restricted to certain wage or education levels in an effort to make employment-based immigration even more merit-based and exclusive.

As of now, none of these EOs have been signed, but they provide a good sense of what we can expect in the upcoming weeks and months from the current Administration.