Trump tightens US immigration policy. Will Czech visa applicants be affected?

Protecting the Meaning and Value of American Citizenship

This order seeks to end the right to US citizenship for children born in the US after 19 February 2025 unless at least one parent has lawful permanent resident status or US citizenship. Since its issuance, the order has faced opposition due to a possible violation of the Fourteenth Amendment to the U.S. Constitution that guarantees citizenship to all children born within the United States. On the third day after its issuance, the order's enforceability was suspended by a federal court, which will now review its constitutionality.

America First Trade Policy

Another order concerns the USMCA (United States-Mexico-Canada Agreement) and other foreign trade agreements, in terms of tariffs, duties and other foreign trade-related revenues. Particular attention is paid to US trade policy in relation to China. Trump's order also calls for an assessment of the agreements’ impact on American workers, farmers, and businesses. The outcome of the review may affect the availability of work visas for citizens of Canada and Mexico.

Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats

With the third order, the president has instituted the more detailed vetting of all applicants for entry into the US, including those who have already arrived. Emphasis is placed on security threats as well as on enhanced screening for individuals from "regions or nations with identified security risks." The order also calls for an evaluation of all visa programmes and emphasises that agencies must be vigilant during the visa issuance process. In the context of this order, it can be expected that the deadlines for the examination of visa applications will be extended and that there will be delays in visa processes. 

Realigning the United States Refugee Admissions Programme

As of 27 January 2025, the United States Refugee Admissions Program (USRAP), under which refugees could enter the United States, has been suspended. Refugees may now only be admitted on a case-by-case basis, and only once the Secretary of State and the Secretary of Homeland Security jointly determine that their entry is in the national interest and does not pose a threat to the security or welfare of the United States. The agencies shall produce a report every 90 days on the impact of this, and whether USRAP refugee admissions should be resumed.

Securing Our Borders

This executive order establishes a policy to secure borders. This is to be done, for example, by constructing a physical wall and other barriers, deterring and preventing illegal entry into the US, apprehending persons suspected of violating federal or state laws, and by their prompt deportation.

Declaring a National Emergency at the Southern Border of the United States

The so far final order sets out rules for the use of the armed forces, physical barriers, and unmanned aerial systems on the southern border of the US to address a newly declared state of emergency. The order also calls for the revision of existing policies and strategies, which is consistent with the Securing Our Borders order. The sixth order in particular focuses on strengthening security and control at the southern US border.

Impact on Czech applicants for US visas

In our experience, obtaining a US visa is a rather demanding and sometimes lengthy process, requiring compliance with a number of conditions and presenting a significant number of documents. Even though the executive orders are not aimed directly at Czech citizens, they may affect their visa applications, if just by longer approval times due to more thorough checks.

The visa application process may also be affected by a more thorough vetting of people with a history of travel to high-risk countries. It is possible that further immigration legislation will be adopted, given that this is one of the areas on which the old-and-new US president intends to focus.