On Jan. 20, President Donald Trump was sworn in as the 47th president and quickly issued a sweeping set of executive orders aimed at reversing Biden administration policies. ABC has prepared a summary of executive orders of interest to ABC members. A full list of executive orders and other actions can be found on the White House website. This list will be updated as further actions occur.

Additionally, register for an ABC members-only webinar on Feb. 19 at 11 a.m. ET, Learn About President Trump’s Actions on Immigration and DEI and How To Be Proactive in Compliance Effort.

EOs Issued on Jan. 20

Immigration

President Trump issued a flurry of executive orders related to immigration action items on Jan. 20.

ABC recommends every contractor take all precautions in the hiring process to verify each potential employee is eligible to work legally in the United States, including using the E-Verify system.

ABC’s goal is to work with the administration and Congress to create a market-based merit visa system that allows people who want to contribute to society and work legally in the construction industry to do so. There is no place in our country for lawbreakers here to cause harm, and ABC opposes violence, coercion and intimidation of every kind. ABC supports the portion of the administration’s immigration strategy that focuses on lawbreakers.

Following the laws of supply and demand, mass deportations could constrain the availability of labor, which could stifle the ability of the industry to build the construction projects demanded by the marketplace. In other words, the supply of labor may not meet the demand, which could drive up costs, or consumer demand would adjust. And if the worker supply is constrained, employers would most likely adjust their employee value proposition to enhance their position in the marketplace. This is an important reason why we need a market-based merit visa system.

Read additional resources on recent immigration actions provided by ABC general counsel Littler Mendelson:

• An Immigration Compliance and Enforcement Checklist That Outlines Key Areas That May Require Your Attention and Action
• An ICE Q&A With Answers to Your Top 25 Questions
• Trump Administration Day 1 Immigration Agenda: How Are Employers Impacted?
• The First 100 Days: Increased Immigration Compliance and Enforcement (Podcast)
• The First 100 Days: Executive Orders Impacting Immigration Policy (Podcast)

ABC members are encouraged to reach out to counsel with any questions regarding the immigration EOs or actions.

Unleashing American Energy

In the EO Unleashing American Energy, President Trump included a section titled “Revocation of and Revisions to Certain Presidential and Regulatory Actions,” which revokes several executive orders and abolishes any offices established therein. This section revokes Executive Order 14082 of Sept. 12, 2022, Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022. Of note, former President Joe Biden’s EO 14082 includes many problematic IRA implementation priorities, including “increasing high-quality job opportunities for American workers and improving equitable access to these jobs, including in traditional energy communities, through the timely implementation of the Act's requirements for prevailing wages and registered apprenticeships and by focusing on high labor standards and the free and fair chance to join a union.”

Additional sections in the EO include:

• Terminating the Green New Deal, which states that all agencies shall immediately pause the disbursement of funds appropriated through the Inflation Reduction Act or the Infrastructure Investment and Jobs Act including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program and the Charging and Fueling Infrastructure Discretionary Grant Program, and shall review their processes, policies and programs for issuing grants, loans, contracts or any other financial disbursements of such appropriated funds for consistency with the law and the policy outlined in section two of this order.  
• Eliminating the Electric Vehicle Mandate, which terminates subsidies for the vehicles and state emissions waivers “that function to limit sales of gasoline-powered automobiles.”
• Unleashing Energy Dominance Through Efficient Permitting, which states: “To expedite and simplify the permitting process, within 30 days of the date of this order, the Chairman of the Council on Environmental Quality (CEQ) shall provide guidance on implementing the National Environmental Policy Act (NEPA), and propose rescinding CEQ’s NEPA regulations found at 40 CFR 1500 et seq.”
• Following the provision of the guidance, the chairman of CEQ shall convene a working group to coordinate the revision of agency-level implementing regulations for consistency. The guidance and any resulting implementing regulations must expedite permitting approvals and meet deadlines established in the ABC-supported Fiscal Responsibility Act of 2023.
• Effectively, this order directs CEQ to rescind all existing NEPA regulations and provide guidance to federal agencies on implementing NEPA in their own regulations. The CEQ has yet to take action to implement this EO. In the meantime, the ABC-supported 2020 NEPA regulations are in effect following a Feb. 3 court order. 
• Prioritizing Accuracy in Environmental Analyses, which states, “In all Federal permitting adjudications or regulatory processes, all agencies shall adhere to only the relevant legislated requirements for environmental considerations and any considerations beyond these requirements are eliminated. In fulfilling all such requirements, agencies shall strictly use the most robust methodologies of assessment at their disposal and shall not use methodologies that are arbitrary or ideologically motivated.”

America First Trade Policy

President Trump issued an executive order, America First Trade Policy, which is widely regarded as a “placeholder” while his administration explores longer-term trade strategies and works to build congressional support for proposed actions. Read ABC’s analysis of the order.

On Feb. 1, President Trump issued executive orders placing a 10% tariff on China and 25% tariffs on Canada and Mexico. The tariffs on Canada and Mexico are currently paused while negotiations continue.

On Feb. 10, President Trump issued an executive order to place a 25% tariff on all imported steel and aluminum.

Initial Rescissions of Harmful Orders and Actions

The EO Initial Rescissions of Harmful Orders and Actions rescinds a number of former President Biden’s executive orders on a variety of issues, including diversity, equity and inclusion, immigration and climate.

This includes the recission of two executive orders that called on the Federal Acquisition Regulatory Council to implement ABC-opposed rules that affect federal contractors, which are now likely to be repealed through the rulemaking process:

• Nondisplacement of Qualified Workers Under Service Contracts Final Rule
• Pay Equity and Transparency in Federal Contracting

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

• President Trump Relies on Executive Orders To Promote Anti-IE&D Policies

Regulatory Freeze Pending Review

President Trump issued an EO, Regulatory Freeze Pending Review, which directs all executive departments and agencies to pause and review regulatory actions as follows:

Rule Proposals and Issuance: No new rules may be proposed or issued until reviewed and approved by a department or agency head appointed by the president after Jan. 20. The Office of Management and Budget director may exempt emergency rules or those with statutory or judicial deadlines.

Withdrawal of Pending Rules: Any rules sent to the Office of the Federal Register but not yet published must be withdrawn for review, subject to exceptions.

Delay of Effective Dates: Agencies should consider delaying the effective dates of rules not yet in effect for 60 days to review questions of fact, law or policy. Agencies may open comment periods during this time and reevaluate petitions. If necessary, delays may be extended further.

Postponement Review: Rules posing no substantial questions after the postponement require no further action. Rules raising significant questions must involve consultation with the OMB director.

Establishing and Implementing the President’s ‘Department of Government Efficiency’

This EO establishes the Department of Government Efficiency to implement the President’s DOGE agenda to modernize federal technology and software to maximize governmental efficiency and productivity. The United States Digital Service is publicly renamed as the United States DOGE Service and shall be established in the Executive Office of the President. In consultation with USDS, each agency head shall establish within their respective agencies a DOGE team of at least four employees, which may include special government employees, hired or assigned within 30 days of the date of this order. Agency heads shall ensure that DOGE team leads coordinate their work with USDS and advise their respective agency heads on implementing the President ‘s DOGE agenda.

EOs Issued on Jan. 21

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Affirmative Action by Government Contractors:

President Trump signed an EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil-rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”

The EO lists several other EOs that the Trump administration is revoking. Notably, the Trump EO revokes Executive Order 11246, “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” The EO claims these actions are meant to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil-rights laws.”

This order states that, “for 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.”

Additionally, the EO directs each federal agency to include in every federal contract or grant award a term requiring contractual counterparties or grant recipients to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal anti-discrimination laws.”

On Jan. 23, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published a bulletin on the EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The bulletin notes that, for 90 days from the date of the EO, federal contractors may continue to comply with the regulatory scheme in effect on Jan. 20, 2025. 

The OFCCP bulletin also includes the following:

The OFCCP shall immediately cease:

• Promoting “diversity”;
• Holding federal contractors and subcontractors responsible for taking “affirmative action”; and
• Allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion or national origin.

It is important to note that requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, are statutory and remain in effect.

Additional information from the OFCCP will be forthcoming in the following weeks. Also, the public can contact the OFCCP Customer Service Helpdesk at (800) 397-6251 with any questions.

On Jan. 24, Acting Secretary of Labor Vince Micone sent Secretary’s Order 03-2025 to all DOL employees pursuant to the EO “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The secretary’s order directs all DOL employees to cease and desist all investigative and enforcement activity under the revoked EO 11246 and regulations that were implemented in accordance with the EO. It also requires DOL employees “to notify all regulated parties with impacted open reviews or investigations by January 31, 2025, that the EO 11246 component of the review or investigation has been closed and the Section 503 and VEVRAA components of the review or investigation are being held in abeyance pending further guidance.”

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

• Acting Secretary of Labor Brings All OFCCP Activities Under Executive Order 11246 to a Halt
• President Trump Revokes 60-Year-Old Executive Order Requiring Equal Employment Opportunity in Government Contracting
• President Trump Relies on Executive Orders To Promote Anti-IE&D Policies
• Trump’s First Week Filled With Sweeping Executive Actions Relating to Labor and Employment Law

DEI Programs and Policies in the Private Sector:

The EO “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” also encourages the private sector to cease DEI programs and initiatives. Specifically, the EO directs the attorney general, in consultation with other relevant agencies, to promulgate a report (within 120 days of the order) containing recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.

According to the EO, the report shall contain a proposed strategic enforcement plan identifying:
(i)    Key sectors of concern within each agency’s jurisdiction;
(ii)   The most egregious and discriminatory DEI practitioners in each sector of concern;
(iii)  A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences.  As a part of this plan, 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;
(iv)   Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws;
(v)    Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and
(vi)   Potential regulatory action and sub-regulatory guidance.

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

• President Trump Relies on Executive Orders To Promote Anti-IE&D Policies
• Trump’s First Week Filled With Sweeping Executive Actions Relating to Labor and Employment Law

EOs Issued on Jan. 31

Unleashing Prosperity Through Deregulation

The purpose of the EO, Unleashing Prosperity Through Deregulation, is to promote prudent financial management and alleviate unnecessary regulatory burdens. Whenever an executive department or agency promulgates a new regulation, it shall identify at least 10 existing regulations to be repealed. The heads of all agencies are directed to ensure that the total incremental cost of all new regulations, including repealed regulations being finalized this year, shall be significantly less than zero.