Guidance on Federal Regulations and Executive Orders

RISD is closely following the actions and policies of the new administration in Washington, monitoring how the directives may impact operations and assessing the meaningful differences between directives and federal and state laws and how those differences relate to operations legally. The implications of many of these measures are unclear and will likely depend on how they are interpreted and applied, both by agencies and, ultimately, the courts. 

RISD remains committed to our institution’s mission and values—and to ensuring that every member of our community can thrive in an atmosphere free from discrimination. Below you will find updates and resources regarding the changing landscape.

Last updated: Feb 5, 2025

Executive Order: Securing Our Borders includes several provisions aimed at securing U.S. borders, such as deterring and preventing the unlawful entry of aliens into the country, detaining and removing aliens in violation of immigration law, and partnering with state and local law enforcement to enforce federal immigration law.

Executive Order: Protecting the American People Against Invasion requires the Attorney General and the Secretary of Homeland Security to review contracts, grants, and agreements between the federal government and “non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens.” The order allows the Secretary of Homeland Security to deputize state and local law enforcement officials to serve as immigration officers and permits the Secretary of the Treasury to facilitate all visa bonds permitted under law. The executive order directs the review of Temporary Protected Status designations made by the Biden administration and ensures employment authorizations are provided in a manner consistent with federal law. Under the executive order, “sanctuary jurisdictions” are not permitted to receive federal funds. RISD is currently monitoring the situation. 

Laken Riley Act: This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement in order to stop the issuance of nonimmigrant and immigrant visas to so-called “recalcitrant countries.” Recalcitrant countries are defined as those who are slow to or do not accept their nationals who the United States seeks to deport. Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

Executive Order: Protecting the Meaning and Value of American Citizenship ends birthright citizenship, in which individuals born in the U.S. are American citizens, regardless of their parents’ status in the country. The order extends to individuals born to mothers lawfully but temporarily in the U.S., such as on student visas, where the father is not a U.S. citizen or lawful permanent resident. 

Executive Order: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats requires “enhanced vetting” and screening of individuals both seeking admission to and already in the U.S., including F-1 and J-1 students. Within 60 days, the Secretaries of State and Homeland Security, with the Attorney General and Director of National Intelligence, must produce a report identifying countries with insufficient vetting and security processes to warrant suspending admission of these nationals to the U.S. The EO further requires the evaluation of all visa programs to ensure hostile nations are not harming the “security, economic, political, cultural, or other national interests of the U.S.”  RISD is currently monitoring the situation.

Executive Order: Realigning the United States Refugee Admissions Program suspends the entry of refugees into the United States through the US Refugee Admissions Program (USRAP) indefinitely. However, the Secretaries of the Department of State (DoS) and Department of Homeland Security (DHS) may allow the entry of certain refugees on a case-by-case basis.

Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity directs all federal agencies to end DEI preferences, mandates, policies, programs, and activities. It revokes executive order 11246, which has required federal contractors to have affirmative action plans since 1965. The EO directs the Attorney General and Secretary of Education to issue guidance to state and local educational agencies and institutions of higher education that receive federal funds or participate in the Title IV federal student loan assistance program on “the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.” RISD is monitoring the situation closely and working with campus partners to identify areas that could be subject to this executive order. 

Executive Order: Defending Women from Gender Ideology Extremism and Restoring Biological Truth To The Federal Government defines sex strictly as male or female, directing agencies and federal employees to enforce sex-protective laws without recognizing other gender identities. It requires the Secretaries of State, Director of Homeland Security, and Office of Personnel Managment to update identification documents, such as passports and visas, to align with this definition. It also prohibits federal funding for promoting gender ideology, leaving agencies discretion to assess grants, which could affect research depending on interpretation and enforcement. RISD is assessing the potential impact of these actions.

Executive Order: Ending Radical and Wasteful Government DEI Programs and Preferencing requires federal agencies to terminate “equity-related” grants or contracts, and all DEI or DEIA performance requirements for employees, contractors, or grantees. Agencies are also directed to provide a listing of all “Federal contractors who have provided DEI training or DEI training materials to agency or department employees,” and all “Federal grantees who received Federal funding to provide or advance DEI, DEIA, or ‘environmental justice’ programs, services, or activities since January 20, 2021.” RISD is monitoring this situation closely and working to identify any areas that could be subject to this executive order.

Executive Order: Initial Rescissions of Harmful Executive Orders and Actions rescinds 78 Executive Orders from the Biden administration, including those aimed at increasing equity and economic opportunity for underrepresented students, Tribal Colleges and Universities, and Hispanic-Serving Institutions (HSIs). Rescinded Orders include Executive Order 14124 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Hispanic-Serving Institutions); Executive Order 14110 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence); Executive Order 14087 (Lowering Prescription Drug Costs for Americans); Executive Order 14050 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans); Executive Order 14049 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities); Executive Order 14045 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics); and Executive Order 14041 (Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity).