Practices
Executive Orders

Executive Orders

The new presidential administration has issued a wide variety of executive orders that have impacted businesses, non-profits, educational institutions, and healthcare organizations. Shipman's multidisciplinary team of lawyers is closely monitoring these developments to help clients navigate this rapidly changing compliance environment. This page serves as a centralized resource for legal insights and practical guidance related to executive orders.

Recent Guidance:

Supreme Court Upholds Tennessee's Ban on Gender- Affirming Care for Minors, Risking Widespread Impacts on Access to Care for Transgender Individuals in America
June 20, 2025 - by Pat Fahey, Joan Feldman and Chelsea McCallum

Preliminary Injunction Blocking DEI and Gender Affirming Portions of Trump's Executive Orders
June 11, 2025 - by Joan W. Feldman

Appeals Court Stays Injunction on Executive Orders Targeting DEI Programs
March 17, 2025 - by: Daniel A. Schwartz

OCR Issu es Frequently Asked Questions and Connecticut State Board of Education Offers Guidance Regarding Dear Colleague Letter on Racial Discrimination and DEI
March 7, 2025 - by: Dori Pagé Antonetti, Jessica L. Ritter and Joseph Miller

Federal Court Injunction Pauses Key Provisions of President Trump's DEI Executive Orders
February 27, 2025 - by: Daniel A. Schwartz

OCR Issues "Dear Colleague" Letter on Racial Discrimination
February 24, 2025 - by: Dori Pagé Antonetti, Jessica L. Ritter and Joseph Miller

Executive Order “Ending Taxpayer Subsidization of Open Borders”: The Impact on Health Care Providers
February 23, 2025 - by: Joan Feldman and Chelsea McCallum

Two Federal Courts Issue Injunctions Temporarily Blocking Trump's Executive Order Restricting Access to Gender-Affirming Care
February 17, 2025 - by: Joan Feldman and Chelsea McCallum

Federal OMB Funding Freeze and Litigation Primer
February 12, 2025 - by Eric Del Pozo and Christopher J. Cahill

President Trump Issues Executive Order Entitled Ending Radical Indoctrination in K-12 Schooling
February 7, 2025

Immigration Enforcement for Healthcare Facilities
January 30, 2025

OCR Announces Directed Investigation Into All-Gender Bathrooms
January 30, 2025 - by Tom Owen

CSDE Issues Guidance Regarding ICE Enforcement Actions at Schools
January 29, 2025 - by Tom Owen

What Schools Should Know About ICE Enforcement Action
January 22, 2025 - by Thomas B. Mooney, Tom Owen and Nina Pelc-Faszcza

What Organizations Should Know About ICE Enforcement Actions
January 21, 2025 - by Nina Pelc-Faszcza

An ideologically divided Supreme Court upheld Tennessee’s ban on gender-affirming care for minors on Wednesday in its opinion in United States v. Skrmetti, with the six conservative justices voting to uphold the ban and the three liberal justices dissenting.

On June 9, 2025, in San Francisco A.I.D.S. Foundation, et al., v. Donald J. Trump, et al.,Federal District Court Judge Jon S. Tigar issued an order granting in part, and denying in part, the plaintiff’s motion for a preliminary injunction enjoining President Trump’s enforcement of Executive Order No. 14168 “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”, Executive Order No. 14151 “Ending Radical and Wasteful Government DEI3 Programs and Preferencing” and Executive Order No. 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Orders” or “the Orders”).

On February 19, 2025, President Trump issued a new Executive Order, entitled “Ending Taxpayer Subsidization of Open Borders,” declaring his administration’s intent to uphold Public Law 104-193 entitled “Personal Responsibility and Work Opportunity Reconciliation Act of 1996” (“PRWORA”).

On January 28, 2025, President Trump issued Executive Order 14187, directed at limiting gender-affirming care provided to children and teenagers under the age of nineteen, alerting that the federal government “will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another,” and “will rigorously enforce all laws that prohibit or limit” gender-affirming care. Last week, two separate federal courts issued temporary restraining orders temporarily suspending the federal government’s ability to enforce part of E.O. 14187.

The Trump Administration’s flurry of executive orders directing the implementation of immigration policy objectives to carry out the “largest domestic deportation operation in American history” has many hospitals and other health care providers deeply concerned and anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do if they arrive. Adding to the concern, the Department of Homeland Security (DHS) recently lifted Biden Administration restrictions on DHS enforcement activity in certain designated “sensitive areas”, including hospitals and medical offices, churches, and schools.

Yesterday (January 28, 2025), the Connecticut State Department of Education (CSDE) released a guidance document regarding ICE enforcement actions at schools. In the wake of the Department of Homeland Security’s recission of its longstanding “protected areas” policy, public school districts across Connecticut have been requesting guidance from the state regarding their compliance obligations. The CSDE’s guidance aims to answer some of the most frequently asked questions from districts.

With the new presidential administration’s hard stance on immigration, many school officials are anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do should such a visit occur. While enforcement action by ICE has always been possible and does happen on occasion, the chances of such an event occurring at a school have historically been low. Moreover, for many years schools have enjoyed some protection in accordance with the “protected areas” policy issued by the U.S. Department of Homeland Security (DHS). This policy provided that DHS generally should not take an enforcement action in or near a location that would restrain access to essential services or engagement in essential activities, such as a school, health care facility, or social services establishment. However, DHS rescinded the protected areas policy on Inauguration Day (January 20, 2025), leaving these institutions at greater risk of DHS enforcement action.

It was just announced that acting U.S. Department of Homeland Security Secretary Benjamine Huffman has issued a directive that rescinds the Biden Administration’s guidelines for DHS enforcement actions in or near “protected” or “sensitive” areas. With the new presidential administration’s hard stance on immigration, many organizations are feeling anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do should such a visit occur. While enforcement action by ICE has always been possible and does happen on occasion, the chances of such an event occurring at an ordinary place of business have historically been low. However, since the protected areas policy has been rescinded, this may leave perhaps the most vulnerable of institutions at greater risk of DHS enforcement action.

On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving federal funding from discriminating based on race. As the “Dear Colleague” letter acknowledges, it is well established that discrimination on the basis of race, color, or national origin is illegal. The letter also states that it “explains and reiterates existing legal requirements” under federal law and “does not bind the public or create new legal standards.”

On January 29, 2025, President Trump issued an executive order entitled “Ending Radical Indoctrination in K-12 Schooling.” Contending that students are being indoctrinated with “anti-American, subversive, harmful, and false ideologies,” the order pledges to protect parental rights, eliminate discriminatory programs, and promote a more positive vision of American history. For analysis of what the order says and what it means for schools, read the full alert.

On January 28, 2025, the United States Department of Education’s Office for Civil Rights (OCR) notified Denver Public Schools that it was opening a “directed investigation” regarding the district’s all-gender bathrooms. This investigation is one of the first publicly announced actions that OCR has taken in the wake of the January 20 executive order regarding gender, so the announcement provides valuable insight into how OCR intends on interpreting and implementing this executive order.