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TAGS: legal issues, nace insights, public policy,

Below is updated information about the substance of several executive orders issued by the administration and actions that affect the work of career services and early talent recruiting professionals and their institutions and organizations, as well as those entering the workforce through higher ed.

We will continue to keep you updated on regulations and laws that could impact our professions and workplaces. This will include details about the changes once more interpretation is available and we have a better understanding of the scope and compliance measures that will be necessary. (Please note: A number of lawsuits have been filed in connection with many of the executive orders.)

For a full list of the executive orders, see Presidential Actions.


March 20, 2025

Department of Education

On March 20, 2025, President Trump signed an executive order directing Secretary McMahon to dismantle the Department of Education. The department cannot be closed without the approval of Congress.

See NACE's reaction to the executive order here.


March 18, 2025

Department of Education

In a letter dated March 14, 2025, U.S. Education Acting Under Secretary James Bergeron provided additional guidance about the department’s reduction in force (RIF). Among other items, the letter noted that:

  • There would be “continuity of operations for Federal Student Aid (FSA) is both a statutory and critical function of the Department. Accordingly, no employees working on core functions of the Free Application for Federal Student Aid (FAFSA®) or student loan servicing were impacted by the RIF.”
  • “Employees within the Office of Postsecondary Education (OPE) and the Office of Higher Education Programs (HEP), whose divisions oversee funding for Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), Minority-Serving Institutions (MSIs), community colleges, TRIO programs, and Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), were not impacted by the RIF. Funds for these programs will continue to flow normally, and program functions will not be disrupted for current grantees.”
  • The “critical functions for the Office of Career, Technical, and Adult Education (OCTAE) are not impacted by these reductions. Employees in the Division of Academic and Technical Education (DATE), which administers career and technical education under the Carl D. Perkins Career and Technical Education Act, were not affected by the staffing changes.”

Also on March 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) opened investigations into 45 universities under Title VI, following OCR’s February 14 Dear Colleague Letter (DCL). OCR is also investigating six universities for allegedly awarding impermissible race-based scholarships and one university for allegedly administering a program that segregates students on the basis of race.


March 11, 2025

Department of Labor

Linda DeRemer was confirmed by the Senate as secretary of the Department of Labor on Monday, March 10, 2025.

Department of Education

On Tuesday, March 11, 2025, the Department of Education announced it is laying off nearly half its workforce.

On Monday, March 10, 2025, the Department of Education’s Office of Civil Rights (OCR) notified 60 universities that they are being investigated for antisemitic discrimination and harassment. (See the OCR press release here.)


March 4, 2025

Department of Education

On Monday, March 3, 2025, the Senate confirmed Linda McMahon to serve as secretary of the Department of Education.

On Saturday March 1, 2025, the U.S. Department of Education released Frequently Asked Questions (FAQ) in connection with its February 14 Dear Colleague Letter (DCL). The FAQ addresses questions related to racial preferences.

Department of Labor

Lori Chavez-DeRemer, the Labor Secretary nominee, passed out of the Senate HELP Committee on February 27, 2025. The next step is confirmation by the full Senate.

Immigration

The Trump administration is proposing replacing the existing EB-5 immigrant investor visa program with a “Gold Card” immigration visa program. The program would allow individuals to purchase cards for $5 million dollars and would include a path to citizenship. President Trump said the card could help companies hire graduates from Ivy League and other top universities. Speaking on February 26, Commerce Secretary Howard Lutnick said the Gold Card program would replace the EB-5 program in two weeks. However, as Congress has authority over immigration law, Congressional approval will be needed to replace the EB-5 program.


February 25, 2025

Court Rulings

On February 25, Judge Loren AliKhan of the U.S. District Court for the District of Columbia issued an injunction that extended the temporary halt on  the January 29 memo from the Trump administration that was  issued by the Office of Management and Budget.  That memo had called for a funding freeze on thousands of federal programs and a freeze on all governmental grants and loans.

On February 24, U.S. District Judge Deborah Boardman in Maryland blocked the Department of Education and the Office of Personnel Management from sharing sensitive information with the Department of Government Efficiency (DOGE), citing that DOGE access appears to breach federal privacy laws.

On Friday February 21, Judge Adam Abelson in Maryland ruled that several provisions of executive orders that withdrew federal funding for programs that support diversity, equity, and inclusion were unconstitutionally vague, and some violated free speech. He granted an “injunction blocking the funding withdrawal while the lawsuit plays out.” However, Judge Abelson did not block the “attorney general from preparing reports or pursuing investigations related to the anti-DEI directives.“

Department of Education

Linda McMahon, the nominee for secretary of education, testified before the Senate Health, Education, Labor, and Pensions Committee (HELP) on February 13, 2025.

At the hearing, she affirmed her support for career education and workforce training, noting that “we should also emphasize career-focused education, especially in cutting-edge STEM fields where American companies need high-skill employees. Our workers deserve more postsecondary pathways, career-aligned programs, apprenticeships, and on-the-job learning, and jobs in tech, skill trades, and healthcare for non-college degree holders.”

In her testimony, McMahon also:

  • Cited the importance of skills-based programs and internships.
  • Spoke about the importance of dual enrollment programs, noting that she would like to see “more dual credits in our high schools, our junior and senior years that would count towards community colleges or other institutes that would get students through college faster.”
  • Expressed her desire to “see an expansion of Pell Grants” and “see short-term certificates for Pell Grants for students who aren't going on to four-year universities, who could have the opportunity to use Pell Grants for skill-based learning.”

Asked about the Trump administration’s plan to eliminate the Department of Education, she noted that the department cannot be eliminated without Congress. In response to a direct question from Senator Sanders, she said that the department “is set up by the United States Congress, and we work with Congress. It clearly cannot be shut down without it.”

She also testified that she did not want to make any specific recommendations about the programs in the department until she was confirmed and could review them in detail. She stated that she wanted to examine where certain programs and offices might fit better, noting that she looked forward to “understanding where all of these particular aspects need to fit to best serve our students. That's the goal.”

She gave some examples of how programs could be moved to other departments, indicating that students with disabilities might be better served by moving services related to the Individuals with Disabilities Education Act to Health and Human Services and that Office of Civil Rights might fit better at the Department of Justice, but stressed that she has not yet reviewed the programs.

On February 20, 2025, McMahon passed the Senate HELP Committee; her confirmation will be sent to the full Senate for a vote.

Department of Labor

On February 19, 2025, Congresswoman Lori M. Chavez-DeRemer testified before the Senate HELP Committee.

During her testimony, she cited community colleges, technical colleges, and apprenticeships as great ways to upskill and bring people into the workforce and referenced certificate programs and the need for more flexibility in grant programs to support those efforts.

She expressed an interest in ensuring that education pathways go beyond a four-year degree, saying “we must invest in educational pathways beyond the traditional four-year degree, ensuring that every American worker has access to the skills and training for long-term success.”

In regard to H-1B visas, Chavez-DeRemer committed to work with Congress to look at the caps but only after all other programs have been exhausted. She noted that “we want to make sure that we’re investing in the American worker, and they have the skills needed for the high-tech industry.” She also said that the Department of Labor’s remit is to test the market to see “where we need the guest worker program.”

A Senate HELP Committee vote on her confirmation is scheduled for Thursday, February 27.


February 18, 2025

Department of Education

On February 13, 2025, the Senate Committee on Health, Education, Labor and Pensions held nomination hearings for Linda McMahon to serve as Secretary of Education. Her approval by the full Senate is pending as of this writing; Senate is expected to vote on February 20.

On February 14, 2025, Craig Trainor, acting assistant secretary for civil rights at the Department of Education, sent a “Dear Colleague” letter to higher education institutions. The letter outlines the Trump administration’s interpretation of the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which ruled that racial preferences in admissions are illegal. The letter notes that, “Although SFFA addressed admissions decisions, the Supreme Court’s holding applies more broadly. At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law. Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

The letter advises all education institutions to 1) ensure that their policies and actions comply with existing civil rights law; 2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and 3) cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race.

The Department of Education will begin to assess compliance of higher education institutions, and “institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.”


February 11, 2025

Department of Education

Linda McMahon, Trump’s nominee for secretary of education, is scheduled for U.S. Senate confirmation hearing for February 13, 2025. If confirmed, she will be the 13th secretary of education.

During his campaign, President Trump promised to abolish the Department of Education. Although the department cannot be abolished without congressional approval, the administration is drafting an executive order to dismantle department, according to news outlets citing confidential sources.

The executive order under discussion would remove all functions of the Department of Education that are not specifically written into law and move essential functions to other departments.

Department of Labor

Lori Chavez-DeRemer has been nominated by the Trump administration to serve as the 30th secretary of labor. Her Senate confirmation hearing is scheduled for February 19, 2025.

Federal Funding Freeze

On Monday, January 27, President Trump issued an executive order that paused federal financial assistance of agency grant, loan, and other financial assistance programs. The Office of Management and Budget (OMB) memorandum requires federal agencies to identify and review all federal financial assistance programs and supporting activities consistent with the president’s policies and requirements.

On Tuesday, January 28, a federal court blocked the funding pause from going into effect on Tuesday. This led OMB to issue a memo on Wednesday, January 29, rescinding the earlier funding-freeze memo. However, on January 29, White House Press Secretary Karoline Leavitt posted on X that the funding freeze was still in effect and that only the memo had been rescinded.

In a separate action, on Friday, January 31, U.S. District Court Chief Judge John McConnell issued a temporary restraining order barring the Trump administration from pausing funds. On February 10, 2025, Judge McConnell directed the Trump administration to immediately restore the funding after being presented with evidence that funds were still frozen.

Antisemitism

On January 29, the Trump administration issued an executive order titled “Additional Measures to Combat Antisemitism,” which builds on a 2019 executive order. In particular, the order contains a section on combatting campus antisemitism, which includes a number of directives related to post-October 7, 2023, activities.

Department of Government Efficiency (DOGE)

DOGE is reviewing the financial systems at the departments of Treasury, Education, Labor, Health and Human Services, and USAID. It is expected that DOGE will expand to other agencies.

DOGE reports that it is reviewing the programs to identify waste, fraud, and abuse. In addition, DOGE reports that, in all of its financial reviews, it is focused on weeding out diversity, equity, and inclusion programs and spending.

On January 28, DOGE offered a federal “deferred resignation” program to all federal employees. Thus far, about 3% of workers have accepted the offer. Because of a court order, workers were given until midnight February 10, 2025, to accept. There is currently a lawsuit brought by federal workers’ unions that claims that the offer is illegal because Congress has not approved the funding.


January 27, 2025

Below is information about the substance of several executive orders issued in the first few days of the administration that affect the work of career services and early talent recruiting professionals and their institutions and organizations, as well as those entering the workforce through higher ed. 

We will continue to keep you updated on regulations and laws that could impact our professions and workplaces. This will include details about the changes once more interpretation is available and we have a better understanding of the scope and compliance measures that will be necessary. 

For a full list of the executive orders, see Presidential Actions.

DEI Initiatives

President Trump rescinded several executive orders issued by President Biden.

The new administration eliminated government-wide DEI policies. Federal agencies and departments have been directed to terminate all DEI and environmental justice roles and offices. Federal funds are prohibited from being used to promote gender ideology through grants or government programming. In addition, the administration has mandated the exclusive use of the term “sex”—defined as male and female—in official documents, including passports and visas. This reverses the Biden administration’s broader definition of sex, which included gender identity, and allowed the designation of “X” as a gender on U.S. passports. 

Federal civil rights agencies, such as the Department of Labor and the Equal Employment Opportunity Commission, have been instructed to recognize only two sexes when enforcing anti-discrimination laws. Additionally, the attorney general has been directed to issue guidance clarifying that the 2020 Supreme Court decision (U.S. v. Skrmetti), which strengthened civil rights protections for transgender workers, does not apply to schools and students. This directive aligns with a recent ruling by a federal judge

The Office of Management and Budget (OMB) and the Office of Performance and Personnel Management have been tasked with coordinating changes to hiring practices. These changes include ending equity-focused programs and grants and terminating chief diversity officer positions that were designated during the Biden administration. President Trump also rescinded an executive order that had sought to overturn Trump’s prior ban on federal government and contractor racial bias training. 

Institutions receiving Title IV federal student aid funding will now be classified as federal subcontractors, thereby requiring them to comply with new guidance around DEI and hiring, training, and programming. Additionally, the Justice and Education departments have been given four months to prepare guidance that identifies the measures and practices required to comply with the Students for Fair Admissions vs. Harvard University decision. The guidance is expected to identify practices outside of admissions where consideration of race or ethnicity is illegal.

The administration plans to identify up to nine institutions to investigate that have endowments over $1 billion with DEI policies that they believe violate federal civil rights laws. 

The attorney general has been directed to issue guidance stating that Title IX does not require gender identity-based access to single-sex spaces; in addition, the Department of Education has been instructed to rescind its 2021 guidance that extended Title IX protections to include sexual orientation and gender identity. This policy had already been struck down by a district court in Texas; earlier this month, the Title IX regulations were struck down nationwide.

Federal agencies have been directed to compile lists of public companies, universities, and large foundations for potential investigations and civil actions related to their DEI programs. This directive includes elements specific to educational institutions by rolling back some of the protections under the Civil Rights Act of 1964.

The OMB has issued a memorandum directing all federal DEI staff to be placed on paid leave immediately and requiring the removal of all DEI-focused web pages. Federal agencies have also been instructed to develop plans to terminate DEI staff and cancel any related contracts or training programs. Federal workers have been encouraged to report any suspected renaming of DEI-related programs to the Office of Personnel Management.

Agencies were directed to compile a comprehensive list of federal DEI offices and workers as of Election Day to facilitate reduction-in-force actions against those workers. Although the order does not specify all targeted programs, it mandates a government-wide review to ensure compliance with the administration’s anti-DEI stance on all contracts and grants.

Education

President Trump announced a series of changes around educational policy, focusing on funding, governance, and regulatory oversight. The administration ended White House programs aimed at advancing educational equity and opportunities for Hispanic, Native American, and Black students. Efforts supporting tribal colleges and Hispanic-serving institutions have also been rolled back.

In a move to safeguard free speech, a new executive order prohibits federal agencies from using resources to unconstitutionally restrict free expression. Agencies have been directed to audit past actions, identify instances where free speech may have been curtailed, and correct such actions. This may involve revising contracts, partnerships, and public communication protocols. 

President Trump nominated Linda McMahon to lead the Department of Education. McMahon, who previously led the Small Business Administration and chaired the America First Policy Institute, has expressed an interest in focusing on workforce development and creating pathways for students to compete in the global economy. Her confirmation hearing is pending as of this writing; in the interim, Denise Carter, the acting leader of the department’s Federal Student Aid office, has been directed to oversee the agency. 

Immigration

President Trump also initiated a series of significant changes to immigration policy through executive orders. These actions include declaring a national emergency at the southern border and deploying armed forces, including the National Guard, to bolster border security efforts. Immigration Czar Thomas Homan announced that targeted enforcement initiatives are underway in major cities across the United States.

The administration has granted new authority to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers to carry out deportations. This expansion is accompanied by a directive for the Department of Justice to take legal action against state and local officials who obstruct immigration enforcement efforts. In addition, ICE has been authorized to conduct arrests in schools, hospitals, and churches, rescinding previous guidelines that designated such locations as sensitive areas.  

President Trump issued an executive order seeking to end automatic birthright citizenship for children born in the United States to individuals who are not legally present in the country. This order has sparked legal challenges from more 20 states and cities, citing the protections of the 14th Amendment. As of this writing, the order has been stayed by a federal judge.

All visa applicants will face enhanced vetting, including F-1 and J-1 students, and the departments of State and Homeland Security have been issued a directive to ensure that applicants do not bear hostile attitudes toward U.S. institutions and do not advocate for, aid, or support designated foreign terrorists or other threats to our national security.

The attorney general and secretary of Homeland Security are required to review contracts, grants, and agreements between the federal government and nongovernmental organizations supporting or providing services, either directly or indirectly, to illegal aliens.

The administration has expressed support for legal pathways and acknowledged the need for immigrants as the U.S. economy grows, but has introduced measures that may complicate these processes. For example, the executive order on birthright citizenship encompasses children of immigrants legally residing in the United States on temporary work visas, including those in the H-1B program.

Labor Policy

The Trump administration has revived the “Schedule F” policy, making it easier to fire select career employees, and implemented a hiring freeze across federal agencies. Additionally, federal workers have been ordered to come back into the office. 

Congresswoman Lori Chavez-DeRemer (R-OR) has been announced as Trump’s pick for Labor secretary. She is known for her support of wide-ranging labor laws enhancing workers’ organizing rights and regulating the gig economy. Her confirmation hearing has not been scheduled as of this writing. 

Federal Funding

On January 27, President Trump issued an executive order that pauses federal financial assistance of agency grant, loan, and other financial assistance programs.  This memorandum requires federal agencies to identify and review all federal financial assistance  programs and supporting activities consistent with the president’s policies and requirements. This temporary pause provides the administration time to review agency programs and determine the best uses of the funding for those programs consistent with the law and the president’s priorities. 

Artificial Intelligence Policy

The Trump administration reversed President Biden’s comprehensive measure to regulate artificial intelligence.

Updates will be provided through the NACE Insights newsletter and other NACE communications. 

Mary Gatta, Ph.D., is the director of research and public policy for NACE. Dr. Gatta has more than 20 years of teaching, research, and advocacy experience at colleges and in nonprofit organizations where she worked on issues of career education and workforce development.

Dr. Gatta’s work is centered on evidence-based research analysis to develop new solutions to current problems—particularly around economic security, education, and workforce policies. In all her research projects, she uses an equity and intersectionality lens.

Prior to joining NACE, Dr. Gatta served as an associate professor of sociology at City University of New York-Guttman and faculty director of the Ethnographies of Work program. In addition, she was the research director at the Rutgers University Center for Women and Work and a senior scholar at Wider Opportunities for Women in Washington D.C. Dr. Gatta also served on New Jersey Governor Phil Murphy's Labor and Workforce Development Transition Team.

Dr. Gatta received her bachelor’s degree in social science from Providence College and her master’s and Ph.D. in sociology from Rutgers University.

She can be reached at mgatta@naceweb.org.

author-avatar Alanna Suda is senior vice president, government relations, for MWW. NACE will provide periodic updates on public policy issues affecting career services and recruiting.