Each week, Liebert Cassidy Whitmore provides a summary of newly issued Executive Orders and other significant Presidential and federal actions that have a foreseeable impact on governance, compliance, and operational policies for California employers. The summaries below outline the key provisions of each action, along with our brief analysis of their potential implications for municipal agencies, school districts, private schools, and nonprofits.
Executive Order: Protecting American Communities from Criminal Aliens (April 28, 2025)
On April 28, 2025, President Trump issued an Executive Order invoking federal authority over immigration, national security, and foreign policy.
The Order directs the Attorney General, in coordination with the Secretary of Homeland Security, to publish a list of local and state sanctuary jurisdictions within 30 days and notify those jurisdictions of their obstruction of federal immigration law.
The Order directs the head of all federal agencies to identify and consider suspending or terminating all federal funding to jurisdictions on the list.
The Secretary of Homeland Security must also develop a mechanism to ensure that individuals who receive federal public benefits from private entities in sanctuary jurisdictions are subject to appropriate eligibility verification (i.e., verification of immigration status).
Finally, the Order directs the Attorney General to take appropriate action to stop the enforcement of laws and practices “favoring aliens over any groups of American citizens,” including, specifically, state laws that provide in-state higher education tuition to undocumented students but not out-of-state American citizens.
This Order is likely to have an imminent impact on both the state of California and cities and counties that are designated as sanctuary jurisdictions. These jurisdictions will likely receive a notice of noncompliance from the federal government in approximately one month and may be at risk of losing federal funding thereafter. If the Attorney General chooses to prosecute California for its implementation of Assembly Bill 540, which allows undocumented students to qualify for in-state tuition at public colleges and universities, California community colleges, CSU’s, and UC schools will be impacted. LCW will continue to monitor developments.
On April 28, 2025, President Trump issued an Executive Order intended to increase support and resources for law enforcement. The Order directs the Attorney General to do the following, with the assistance of the Homeland Security Task Forces:
Depending on how Attorney General Pam Bondi enforces the Order, the result could be increased resources and funding for state and local law enforcement agencies—and potentially for police unions as well. Another outcome may be federal prosecution of high-profile state or local officials pursuing reform initiatives within law enforcement or sanctuary city policies that limit law enforcement assistance to federal immigration authorities.
LCW will provide updates regarding the Attorney General’s enforcement of the Order.
An April 28, 2025 Executive Order announces the Trump administration’s intent to enforce existing law that requires English language proficiency as a condition of holding a commercial driver’s license. (See 49 CFR 391.11.) The Order emphasizes the importance of truck drivers being able to read traffic signs, communicate with safety officials, and provide feedback in English to ensure road safety.
The Order rescinds previous Department of Transportation guidance that removed English language proficiency (ELP) as a criterion for placing commercial licenses out-of-service. It further directs the Department to reincorporate ELP into driver inspection procedures and out-of-service criteria.
As a result of the Order, California employees who possess commercial driver’s licenses and are not proficient in English could be at risk of being placed on out-of-service status, effectively suspending their ability to drive commercial vehicles.
Executive Order: Establishment of the Civil Liberty Commission (May 1, 2025)
On May 1, 2025, President Trump issued an Executive Order intended to protect and promote religious liberty. The Order establishes the Religious Liberty Commission, composed of Presidentially appointed representatives and advisory boards, to study the state of religious freedom in the U.S., identify emerging threats, and to recommend strategies and actions to preserve religious freedom.
The Commission will advise the White House and other agencies, and produce a comprehensive report of its findings by July 4, 2026.
Among its responsibilities, the Commission is tasked with studying and making recommendations on a range of issues, including the First Amendment rights of teachers, employers, employees, and faith-based entities, parental authority in choosing religious education for their children, and accommodating voluntary prayer and religious instruction at public schools.
LCW will provide updates regarding any Commission activity related to public employers, private and public schools, and nonprofits.