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Executive Order Roundup – Week 19
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 Action: Trump Directs ICE to Pause Enforcement at Farms, Hotels and Restaurants (June 13, 2025)
On Friday, Immigration and Customs Enforcement (“ICE”) directed its agents via email to pause raids and arrests in the agricultural industry, hotels, and restaurants. The directive follows days of protests against ICE activity in Los Angeles.
The email explained that investigations involving “human trafficking, money laundering, drug smuggling into these industries are OK.” But it said agents should not arrest “noncriminal collaterals,” a reference to people who are undocumented but who are not known to have committed any crime.
Executive Order: Empowering Commonsense Wildfire Prevention and Response (June 12, 2025)
On June 12, 2025, President Trump issued an Executive Order prompted by the January 2025 wildfires in Los Angeles. The Order aims to enhance wildfire prevention and response strengthening state and local capabilities through technology and partnerships, among other measures.
First, the Order seeks to overhaul the federal approach to wildfire prevention and response by streamlining and consolidating the wildland fire programs of the Departments of the Interior and Agriculture. The Order then directs the agencies to use “partnerships, agreements, compacts, and mutual aid capabilities” to empower local governments to tackle wildfires.
The Order also seeks to leverage technology to help state and local governments manage wildfires, including by mandating the development of a technology roadmap to guide agencies in using AI and other tools to detect and respond to fires, as well as making historical satellite datasets publicly available for training such technology.
This Order could impact local agencies in California by providing them with increased federal support, resources, and flexibility to prepare for and respond to wildfires. The Order does not specify when or in what manner the support will be available.
UPDATE: Court Temporarily Blocks Enforcement of DEI and Gender Identity Executive Orders Against Nonprofit Plaintiffs (June 9, 2025)
On June 9, 2025, the U.S. District Court for the Northern District of California issued an injunction in San Francisco AIDS Foundation v. Trump, temporarily blocking the enforcement of provisions in diversity, equity, and inclusion (DEI) and “gender ideology”-related Executive Orders issued earlier this year. While the injunction only applies to the plaintiffs in the case, the court’s reasoning illustrates how legal challenges to these Orders might be assessed in the future.
The plaintiffs in the case are nonprofit organizations that receive federal funding. They argued the Orders infringe on their Constitutional rights and threaten their ability to deliver essential services to transgender individuals and communities of color.
The court’s decision blocked two provisions of the Orders. The first directed executive agencies to terminate all “equity related” federal grants and contracts. The court found that the directive is likely unconstitutionally vague and violates the First Amendment by limiting equity-related expression. The other required agencies to end funding for programs promoting what the Orders defined as “gender ideology.” The court concluded this likely violated the Equal Protection Clause by discriminating based on transgender status without a compelling governmental interest, and the First Amendment by restricting gender-related speech. The court found both provisions likely to breach the separation of powers by exceeding the scope of executive authority.
Although this decision only impacts the plaintiffs in the case, it provides insight on how other courts might receive challenges to DEI Executive Orders. LCW will continue to monitor litigation related to the Executive Orders.
If you have any questions about the above linked Presidential actions, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento offices.