Navigating the Current US Administration

Main Takeaways

• In-house lawyers may want to review their organization's employment eligibility policies and procedures. 
• Counsel at organizations with employees on H-1B skilled-worker visas should reassess their hiring and immigration strategies, as well as their compliance systems and procedures.
• They may also want to consider their organization's preparedness for potential audits and raids by immigration enforcement agencies.
• They should also assess to what extent travel bans and restrictions are likely to impact their organization's workforce, such employees' ability to travel to (or re-enter) or to remain within the United States.

Context

• Several executive orders issued in the first days of the new US administration call for an enhanced focus of federal agencies on enforcement actions against illegal immigration. Since then, concentrated immigration enforcement efforts have taken place, especially in several large US cities.
• In a presidential proclamation, the US administration restricted or banned entry into the United States of nationals from various countries.
• In another proclamation, the US administration now requires employers filing petitions for H-1B skilled-worker visas on behalf of non-US residents to pay a $100,000 fee (up from $2,000-$5,000), to be paid before the worker may enter the US.

Learn more with checklists and insights

On the implications of travel bans and restrictions:

• New Travel Ban for 12 Countries, Partial Limitation for 7 Other Countries, by Ogletree Deakins
• What Trump’s New Travel Ban Means for U.S. Employers, by Boundless Immigration
• Client FAQ: U.S. Travel Ban - Current Restrictions and Possible Expansion, by Potomac Law Group, PLLC

On the implications of enhanced focus on immigration enforcement:

• When U.S. Immigration and Customs Enforcement (ICE) Knocks (Checklist), by Jackson Lewis P.C. (January 30, 2025)
• ICE Raids and I-9 Audits: What You Need to Know if They Come Knocking, by Cozen O'Connor (January 30, 2025)
• Six Executive Orders Pertaining to Immigration and DHS Directives (US), by Cozen O'Connor (January 31, 2025)
• Form I-9 and E-Verify: Not Just an HR Function Any Longer, by John W. Mazzeo, ACC Docket (February 5, 2024)

On the implications of heightened work visa requirements:

• Feds to Charge $100K for H-1B Visas: Employer FAQs + Action Plan, by Fisher & Phillips (September 22, 2025)
• Trump Administration Issues Clarifications on H-1B Proclamation and $100K Entry Fee — Uncertainty Remains, by Jackson Lewis P.C. (September 22, 2025)
• H-1B $100,000 Entry Fee: What Employers Should Know (US), by Cozen O'Connor, September 22, 2025)
• President Trump Signs Proclamation Requiring $100K Fee for H-1B Holders, by Jackson Lewis P.C. (September 20, 2025)

Watch

WEBCAST: Business Immigration – What women entrepreneurs and legal leaders should know under the new administration. (February 11, 2025, On Demand) >>

Notable Developments 

On February 21, 2025, a federal judge issued a preliminary injunction that essentially halts the implementation of key provisions of the Executive Orders regarding DEI (decision from the US District Court for the District of Maryland). The preliminary injunction prohibited the new administration from:

• Terminating, pausing or changing the terms of federal awards, contracts, or obligations on the basis of the "termination provision" of Executive Order 14151 (i.e., the Executive Order's provision that ordered federal agencies to terminate "equity-related" grants or contracts);
• Requiring recipients of federal grants or contracts to make any certification or representation pursuant to the "certification provision" of Executive Order 14173 (i.e., the Executive Order's provision that ordered federal agencies to include - in every contract or grant award - terms requiring contractual counterparties or grant recipients to certify that they do not "operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws"); and from
• Bringing enforcement actions (such as, but not limited to, False Claims Act actions) pursuant to the "enforcement threat provision" of Executive Order 14173 (i.e., the Executive Order's provision that ordered the US Attorney General to submit recommendations for enforcing federal civil rights laws and for "taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI" - with specific steps to "deter DEI programs or principles [...] that constitute illegal discrimination or preferences." The EO also required each agency to prepare a list of potential civil compliance investigations of certain private sector entities).

On March 14, 2025, the US Court of Appeals for the Fourth Circuit granted the administration's motion to stay enforcement of the district court's preliminary injunction, pending appeal. The Fourth Circuit heard oral arguments in the case on September 11, 2025, and the appeal remains pending. 

In another case, on May 2, 2025, the US District Court for the District of Columbia denied nonprofit groups' motion for a preliminary injunction that targeted the enforcement of Executive Orders 14151, 14173, and 14168. This case is also ongoing as of December 2025.

Main Takeaways

• Executive Orders issued by the new US President target Diversity, Equity and Inclusion (DEI) initiatives at federal agencies and the private sector, and introduce new requirements that will impact federal contractors. 
• In-house lawyers should consider the implications for their organization. Consider steps such as reviewing the risk profile of the enterprise, the robustness of anti-discrimination policies and employment practices, and assess potential litigation risks. 
• Federal contractors and grant recipients should consider assessing whether their organization's policies and procedures might expose them to increased risk of litigation in connection the new requirements that will result from the order. 
• Employers and recipients of federal grants or contract awards should also monitor court cases and decisions regarding the Executive Orders (for example, the case mentioned at the top of this section). 

Context

• The January 21 order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" targets DEI initiatives at federal agencies. 
• It also directs federal agencies to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
• It also directs the Attorney General to prepare a report with a plan under which "each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars."
• The order also mandates actions by federal agencies that will impact federal contractors, with new requirements in federal grants and contracts. Federal contractors and grant recipients will be required to certify that they do "not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws."

Learn more about the implications for employers

• DEI Injunction Falls, For Now: 4th Circuit Allows Trump Administration Agencies to Enforce EOs, by Jackson Lewis P.C. (March 17, 2025)
• Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders, by Jackson Lewis, P.C. (February 24, 2025)
• What Now? Critical DEI Considerations for Private-Sector Employers Under Trump Administration 2.0, by Cozen O'Connor (January 30, 2025)
• Trump Administration Revokes EO 11246, Prohibits ‘Illegal’ DEI: What the EO Means for Employers, by Jackson Lewis P.C. (January 28, 2025)
• Sample Non-Discrimination Policy

Watch

Webcast: DEI Today: Part I - A Practical Discussion of the New Administration’s Executive Orders on DEI and What it Means for Employers (February 5, 2025, On Demand, sponsored by Jackson Lewis P.C.)

Webcast: DEI Today: Part II - A Practical Discussion of the New Administration’s Executive Orders on DEI and What it Means for Employers (March 5, 2025, On Demand, sponsored by Jackson Lewis P.C.)

Main Takeaways

• In an order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," US President Trump essentially ordered federal agencies to recognize sexes only per the biological male and female distinction and not to use the concept of gender. This order is the subject of several ongoing court challenges.
• The order also requires agencies to take certain actions based on the distinction between biological male and female (e.g., bathrooms separated only based on the biological distinction).
• While the order primarily relates to actions by federal agencies, it presents implications for the private sector.
• In-house lawyers at federal contractors and recipients of federal grants should consider reviewing their anti-discrimination policies and their policies regarding or relating to gender (such as, regarding bathrooms, locker rooms). Consider how federal agencies will reflect the presidential executive orders into their policies - for example, agencies may modify conditions attached to federal contracts and grants, or develop new enforcement approaches based on the executive orders. 
• Other private sector employers may wish to review their policies as well, and monitor how agencies reflect the new administration's policies through agency rules, guidance, or enforcement actions.
• Employers should keep in mind existing US federal law, state laws, and county and city ordinances regarding anti-discrimination and anti-harassment. Businesses should consider how to remain compliant with state and local laws in place, some of which expressly recognize gender identity as a protected characteristic. Employers must also remain compliant with Title VII of the Civil Rights Act, which prohibits discrimination in the workplace on the basis of sex, as well as with state laws.
• Employers should also consider the impact of these developments on their workforce, such as potential concerns by or for transgender employees. Employers may wish to consider the measures they take or plan in order to foster a culture of inclusiveness in a way that mitigates the risk of potential discrimination (or "reverse discrimination") claims.

Context

• The order states that: "Federal funds shall not be used to promote gender ideology.  Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology."
• Differences have appeared within the leadership of the US Equal Employment Opportunity Commission on these topics. Private sector employers will need to closely monitor the actions taken by the EEOC in the wake of the executive order. 
• As federal law, Title VII of the US Civil Rights Act of 1964 continues to apply and prohibits discrimination in the workplace on the basis of sex.
• In the 2020 ruling in the case of Bostock v Clayton County, the US Supreme Court held that "[an] employer who fires an individual merely for being gay or transgender violates Title VII." The Court found that "[...] it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex."
• The apparent gap between the recent executive order by the president and the 2020 ruling by the US Supreme Court (as well as with state and local laws that expressly protect transgender persons against discrimination) will likely translate into increased litigation that private-sector employers must monitor. 
• The presidential executive order places emphasis on investigations and litigation by federal authorities, in stating that: "The Attorney General shall issue guidance to ensure the freedom to express the binary nature of sex and the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964. In accordance with that guidance, the Attorney General, the Secretary of Labor, the General Counsel and Chair of the Equal Employment Opportunity Commission, and each other agency head with enforcement responsibilities under the Civil Rights Act shall prioritize investigations and litigation to enforce the rights and freedoms identified."

Resources

• Preliminary Injunction Blocking DEI and Gender Affirming Portions of Trump Executive Orders, by Shipman & Goodwin LLP (June 11, 2025)
• Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination, by Littler (January 31, 2025)
• What Higher Ed Needs to Know About the Trump Administration’s EO on Gender Ideology, by Jackson Lewis P.C. (February 4, 2025)
• What Does the White House’s Executive Order on Gender + New EEOC Acting Chair Mean for Employers? 5 Key Takeaways, by Fisher Phillips (January 24, 2025)
• What Private Employers Should Know Following President Trump’s Executive Order On Sex and Gender Identity, by Crowell Moring (January 23, 2025)

Main Takeaways

• The White House has imposed or announced increased tariffs on imports from various countries. 
• Numerous tariff increases have gone into effect, regarding imports from certain countries to the United States, and/or certain products (for example, imports of steel and aluminum products). However many of these tariff increases, including widespread "reciprocal" tariffs that went into effect in August 2025, are the subject of pending court challenges. 
• On November 5, 2025, the US Supreme Court heard arguments in a case challenging the president's authority to implement tariffs under certain emergency powers. A decision in this case is expected by July 2026.
• In response, other countries have announced or imposed tariffs on imports from the United States, or other measures (such as a surcharge on electricity exports by Ontario to certain US states).
• In-house counsel should help their organization assess potential impacts on the company's finances, business continuity risks, and the commercial viability of existing contracts (for example, anticipate the impact of increases in costs). 
• They may also consider potential needs to negotiate adjustments with existing contracting parties (such as regarding prices), review existing contractual obligations and consider ways to mitigate risks relating to tariff increases in new agreements (such as, without limitation, through price adjustment mechanisms or force majeure terms).

Context

Businesses faced supply chain disruptions during the COVID-19 pandemic and in connection with geopolitical context. 

Learn more with these resources

FEATURED: Managing Import and Tariff Risks During a Trade War, by Foley & Lardner

• Tariffs, Trade, and Supply Chains: What In-house Counsel Need to Know, ACC Docket (September 2, 2025)
• Managing Import and Tariffs Risks During a Trade War, by Foley & Lardner LLP (2025) (Gregory Husisian, Vanessa L. Miller, Kathleen E. Wegrzyn, John E. Turlais, Ashley A. Gifford, Ki Lee Kilgore, and Lindsey P. Zirkle)
• 6 Steps to Manage Tariff Risks in a Trade War, by Foley & Lardner LLP (February 17, 2025) (Gregory Husisian, Vanessa L. Miller, Kathleen E. Wegrzyn, John E. Turlais, Ashley A. Gifford, Ki Lee Kilgore, and Lindsey P. Zirkle)
• Trump Tariffs 2.0: The Tariff Tracker, by Arent Fox Schiff LLP (Angela M. Santos , Antonio J. Rivera)
• The Tariff Wars: Practical Steps to Reduce Supply Chain Risk, by Kilpatrick Townsend & Stockton LLP (February 4, 2025)
• Does Your Force Majeure Clause Provide Refuge From Trump's Threatened Tariffs?, by Dentons (January 28, 2025)
• An Overview of President Trump's Trade Policy to Date, by Holland & Knight (January 31, 2025)
• U.S. Trade Policy and Regulation Under Trump 2.0: Key Takeaways from “Week One”, by Gibson Dunn (January 27, 2025)
• Trump Tariffs: What’s Happened, What’s Potentially Coming, and How to Prepare, by Cleary Gottlieb Steen & Hamilton LLP (Chase D. Kaniecki, Catherine Johnson & Alexi T. Stocker) (January 30, 2025)

Watch

• ACC Webcast: Impact of the US Geopolitical & Regulatory Changes on Global Organizations (February 12, 2025, On Demand)
• ACC Webcast: Navigating Tariffs and Trade Wars in the Trump Era (December 11, 2024, On Demand)

Main Takeaways

• In-house lawyers should consider how the new developments influence their organizations' strategies and approach regarding Environmental, Social and Governance (ESG).
• While US federal rules relating to ESG (such as disclosure requirements for public companies) may be revised under the new administration, companies may consider the interest of continuing to pursue their ESG strategies and objectives - for example in light of requirements under state laws and regulatory frameworks from other parts of the worlds (such as the European Union). 

Context

• Executive Orders issued relating to energy or the environment aim to expedite infrastructure projects, facilitate energy exploration and production projects (with a focus on fossil fuels), engage in revisions of regulatory frameworks, and de-emphasize wind projects. 
• The new administration also ordered the United States' withdrawal from the Paris Agreement.

Gain more insight with these resources

• Tracking Update: Trump Administration's Latest Deregulatory Actions on Energy, Environment and Natural Resources, by Beveridge & Diamond, P.C. (April 14, 2025)
• Navigating the New Energy Landscape: Key Takeaways from Trump's Recent Executive Actions, by Seyfarth Shaw LLP (February 12, 2025)

Watch

ACC Webcast: Trump Administration: Environmental/Natural Resource - People & Priorities (February 4, 2025, On Demand, sponsored by Beveridge & Diamond, P.C.)

Main Takeaways

• US President Trump rescinded President Biden's 2023 executive order on Artificial Intelligence, along with related agency actions taken under the Biden order. 
• President Trump released an AI Action Plan on July 23, 2025 and released three executive orders on AI, including one aimed at accelerating development of data centers in the US.
• On November 24, 2025, President Trump issued an executive order launching the Genesis Mission, a coordinated national effort led by the Department of Energy to further AI-accelerated scientific discoveries and create advanced AI capabilities for the federal government.
• However, other countries and US states continue their own efforts to regulate AI development and use.
• In-house lawyers have a key role to play by helping their organizations leverage the benefits of AI while mitigating risks of non-compliance with domestic and global patchworks of regulations.

Context

• Businesses must handle compliance with a patchwork of AI-related laws and regulations within and outside the United States.
• Governments across the world are developing regulatory frameworks to guide the development of AI with safeguards that balance risks and opportunities. 
• The European Union equipped itself with an Artificial Intelligence Act that applies across the EU.
• Various US states have adopted or are developing laws and regulations focused on AI. There is no federal law establishing a broad overarching framework governing AI.

Gain more insight with these resources

• Genesis Mission Artificial Intelligence Executive Order – President Trump Establishes National AI Platform and Objectives for Issues of National Significance, by Kilpatrick Townsend & Stockton (November 25, 2025)
• President Trump Signs Three Executive Orders Relating to Artificial Intelligence, by Paul Hastings, LLP (August 8, 2025)
• March 2025 AI Developments Under the Trump Administration, by Covington & Burling (April 16, 2025)
• Assessing Throughlines in the Trump Administration’s AI Regulatory Approach, by WilmerHale (April 2, 2025)
• AI Accountability: 14 Questions the General Counsel Should Ask, by Meredith Brown, Senior Managing Director, FTI Consulting (October 16, 2024)
• What You Need to Know Today About Ethical Use of Generative AI in the Practice of Law, by Jackson Lewis P.C. (September 23, 2024)
• Sample Use of Generative AI Policy Template
• View more AI resources in the ACC AI Resource Collection.

Context

The new US President has issued numerous Executive Orders and memoranda on various topics such as immigration; diversity, equity and inclusion (DEI); energy and the environment; defense; technology, and other topics.  

Keep up with trackers by law firms:

• Executive Order Tracker, by Gibson Dunn
• Trump Executive Actions Tracker, by Sheppard Mullin
• Hogan Lovells Executive Order (EO) Tracker, by Hogan Lovells
• Mid-Year 2025 Report, by Jackson Lewis 
• Employment & Labor: Rescinded Order Tracker, by Littler (tracking prior administrations' labor and employment-related orders that were rescinded by the new administration)
• Tariffs: Trump Tariffs 2.0: The Tariff Tracker, by Arent Fox Schiff (Angela M. Santos, Antonio J. Rivera)
• Energy and Environment: Tracking Trump Administration Executive Orders Relating to Environment, Energy, and Natural Resources, by Beveridge & Diamond (Julius Redd, Allyn Stern, Amber Ahmed, Justin Smith, Stephen Smith)