Trump's 2025 Executive Orders - What They Cover and How They Impact HR

Author: Brightmine Editorial Team

Since President Trump took office on January 20, 2025, he has signed dozens of executive orders (EOs) on a variety of topics, including immigration, artificial intelligence and sex and gender identity.

In general, EOs do not apply directly to private employers; rather, they direct federal agencies to take certain actions to carry out a President's agenda and priorities. However, these actions can have a significant impact on private employers. For example, if an EO directs the US Department of Labor (DOL) to act in a particular area, the DOL may issue regulations that private employers need to follow. This could also lead to changes in enforcement strategies, prompting private employers to review or modify their practices to minimize the risk of litigation, fines and penalties.

In some cases, EOs apply directly to private employers that are federal contractors, meaning that they receive federal contracts over a certain dollar threshold and must comply with certain conditions under the terms of those contracts. These instances are noted in the chart.

This resource gives an overview of the EOs that are most likely to affect private employers and their practical impact. In many cases, the full impact for employers is uncertain. As more information becomes available, this resource will be updated.

More information on the legal authority of EOs and how they interact with other sources of law is available in The Building Blocks of Employment Law: Constitutions, Statutes, Regulations and More.

Topic

Executive Order

Employers Affected

Key Provisions

Practical Impacts on Employers

Artificial Intelligence (AI)

14179 - Removing Barriers to American Leadership in Artificial Intelligence (January 23, 2025)

All employers, potentially
  • The EO revokes AI policies and directives that the administration believes are barriers to American AI innovation.
  • The EO directs the Assistant to the President for Science & Technology (APST), the Special Advisor for AI & Crypto Czar and the Assistant to the President for National Security Affairs (APNSA) to submit to President Trump an AI Action Plan within 180 days of the EO.
  • The APST, the Special Advisor for AI & Crypto and APNSA in coordination with the heads of all agencies are ordered to immediately suspend, revise and reissue all policies, directives, regulations, orders and other actions taken under the revoked EO 14110, Safe, Secure and Trustworthy Development and Use of Artificial Intelligence that was previously issued by President Biden.
  • The Office of Management and Budget is required to update its AI memoranda within 60 days.
  • Federal agency guidance for employers regarding AI is added, updated or removed, including removal of:
    • Two guidance documents from the Equal Employment Opportunity Commission (EEOC): Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964; and The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.
    • The DOL guide Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers.
  • With fewer federal requirements on AI in the workplace, states may step in with more AI regulations.

Diversity, Equity and Inclusion (DEI)

14151 - Ending Radical and Wasteful Government Programs and Preferencing (January 20, 2025)

Federal contractors
  • The EO terminates all DEI programs and policies in the federal government and requires the review and revision of all existing federal employment practices, union contracts and training policies or programs.
  • The EO requires all DEI offices and positions, initiatives, programs and performance requirements for employees, contractors or grantees to be terminated within 60 days.
  • Federal contractors should review any policies and procedures that may relate to DEI.
  • Any employer that utilizes a government program related to DEI should plan to find another source for that program or funding.

Diversity, Equity and Inclusion (DEI); Affirmative Action Plans

14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity (January 21, 2025)

The affirmative action provisions affect federal contractors; The DEI provisions affect all employers, potentially
  • The EO revokes several EOs from previous administrations that established and expanded affirmative action requirements for certain federal contractors. The Office of Federal Contract Compliance Programs (OFCCP), which oversees federal contractors, is directed to immediately cease holding federal contractors responsible for complying with affirmative action requirements based on race, color, sex, sexual orientation, religion or national origin.
  • The EO directs all federal agencies to "combat illegal private-sector DEI preferences, mandates, policies, programs and activities" and to take all appropriate action to advance the order's policy of "individual  initiative, excellence, and hard work" among private employers.
  • Federal contractors that were previously required to have an affirmative action plan and carry out other elements of affirmative action based on race, color, sex, sexual orientation, religion or national origin will no longer be required to do so. The EO clarifies that federal contractors may continue to comply with revoked affirmative action requirements for 90 days from the date of the order. Affirmative action requirements under the Vietnam Era Veterans Readjustment Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act (pertaining to disability) remain in effect.
  • Federal officials have 120 days to submit recommendations to combat "illegal DEI." During this time, employers should review their current policies and procedures that may be construed as relating to DEI.

Discrimination and Harassment

14168 - Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025)

All employers, potentially
  • The EO recognizes only two sexes, male and female, and directs federal agencies to apply strictly biological definitions of "sex," "male," "female" and related terms when interpreting or applying statutes, regulations and guidance.
  • The EEOC is directed to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, which discussed gender-identity harassment and related issues such as pronouns and restroom facilities.
  • The Attorney General is directed to issue guidance to "ensure the freedom to express the binary nature of sex and the right to single-sex spaces in workplaces," and the EEOC is directed to prioritize investigations and litigation to enforce this position.
  • Employers may see more scrutiny of policies and practices regarding sex- or gender-segregated facilities such as restrooms and locker rooms.
  • The EEOC is likely to narrow the breadth of cases it pursues involving anti-LGTBQ+ discrimination and harassment. Claims of discrimination or harassment against cisgender or heterosexual individuals may be prioritized.

Immigration

14159 - Protecting the American People Against Invasion (January 20, 2025)

All employers
  • The EO emphasizes the importance of enforcing immigration laws to protect national security and public safety.
  • The order revokes previous EOs related to immigration and mandates that federal agencies prioritize prosecution of criminal offenses related to unauthorized entry or the continued unauthorized presence of foreign nationals in the US.
  • The EO also sets enhanced enforcement priorities for undocumented individuals, including implementing a requirement for undocumented individuals to register their presence and the creation of a federal Homeland Security Task Force in each state to coordinate enforcement priorities.
  • The order also directs certain federal agencies to reexamine Temporary Protected Status (TPS) grants to ensure they are appropriately limited in scope and duration.
  • Employers can expect increased enforcement actions from the US Citizenship and Immigration Services (USCIS), US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE), including Form I-9 audits and worksite raids. Enforcement can lead to steep financial penalties, criminal charges, loss of employees and exclusion from federal contracts.
  • Employers may also experience worksite disruptions and absences if undocumented employees or those living in mixed-status families are concerned about coming to work.
  • Employers of TPS holders will need to monitor employment authorization expiration dates for impacted workers and conduct Form I-9 reverifications accordingly.

Immigration

14160 - Protecting the Meaning and Value of American Citizenship (January 20, 2025)

All employers, particularly employers with workers on temporary employment-based visas
  • The EO denies US citizenship to children born in the US after February 19, 2025, if at least one parent is not an American citizen or green card holder. A child of a mother who is unlawfully present in the US or who is present in the US on a nonimmigrant visa would not qualify for citizenship if the father is not a US citizen or green card holder.
  • The enforcement of the EO has been blocked by a nationwide preliminary injunction in a Maryland federal court.
  • Employers may see increased visa sponsorship costs if they cover dependent visa legal and filing fees.
  • The EO may have a chilling effect on the number of foreign nationals willing to work in the US on temporary employment-based visas.
  • Employers may see employees on visas experience travel delays if they are traveling internationally with family due to new passport and visa requirements for dependent children.
  • The EO could impact long-term employee retention, particularly for employees on visas from countries like India and China, where foreign-born children often age out of lawful immigration status due to lengthy green card backlogs.

Immigration

14161 - Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats (January 20, 2025)

All employers, particularly employers with workers on temporary employment-based visas
  • This EO mandates enhanced vetting and screening across federal agencies of all individuals seeking entry into the US, particularly regarding the issuance of visas and the admissibility of visa applicants.
  • The EO mandates that the State Department, the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Director of National Intelligence collaborate to submit a report by March 20. This report will identify countries for which entry restrictions and travel bans might be recommended.
  • Employers can expect to see immediate spikes in visa-processing delays for foreign national employees.
  • There will also be increased instances of visa applicants' cases being put into "administrative processing," which is a State Department mechanism for more in-depth review of applications and occurs when more information is needed to verify applicants' backgrounds. This will lead to further processing delays.
  • Employees who are citizens of countries subject to entry restrictions or travel bans may experience disrupted business travel or be unable to leave the US for fear of becoming stranded outside the country. Such employees may also have difficulties filing extension-of-status and change-of-status petitions.
  • All employees on temporary work visas may experience disrupted business travel.

Immigration

14165 - Securing Our Borders (January 20, 2025)

Employers of workers authorized to work under a certain humanitarian parole program
  • Along with other provisions, the EO eliminates a humanitarian parole program for nationals of Cuba, Haiti, Nicaragua and Venezuela that was directed at providing grants of parole for long-term US visits. The program had served as a source of workers lawfully authorized to work in the US.
  • Employers with employees previously authorized to work under this parole program may be required to terminate them barring legal challenges to the EO if the worker is unable to obtain work authorization through alternative avenues.