Executive orders and presidential memorandums are specific powers granted to U.S. presidents to shape national policy without requiring Congressional approval. These directives allow the executive branch to enforce laws, set priorities, and make immediate changes to federal operations. To kick off his second term, on his first day in office President Donald Trump signed a raft of executive orders and memorandums aimed at reversing previous policies and advancing his administration’s agenda.
This latest directives impact an array of issues, including military readiness, diversity, equity, and inclusion (DEI) programs in federal agencies, and border security. These changes mark a major shift in policy direction for the federal government and are sparking fierce debate across political and military circles, not to mention the media and public at large.
One of the most anticipated executive actions under the new administration was the reinstatement of service members who were discharged for refusing to comply with the Pentagon’s COVID-19 vaccine mandate. An estimated 8,200 troops were affected by this policy, which was implemented under President Joe Biden and later rescinded in 2023.
President Trump’s new executive order directs the Pentagon to allow these individuals to return to service with full reinstatement of rank, benefits, and back pay. The administration framed this move as a correction of what it called an “unjust” policy that forced out service members based on personal medical decisions.
Critics argue that reinstating personnel who refused vaccination could create complications in maintaining military readiness and unit cohesion. The White House defended the order, saying that all returning troops would still be required to meet standard fitness and readiness requirements.
Another notable order addresses the backlog of top-secret security clearances for White House personnel. Trump’s directive speeds up the clearance process for key officials, bypassing certain traditional vetting procedures.
The administration claims that this move is necessary to quickly fill positions critical to national security and homeland security operations. However, national security experts have raised concerns that accelerating clearances could result in inadequate vetting, potentially exposing classified information to individuals without thorough background checks.
As of Feb. 6, federal employees are required to return to the office full-time or may face termination under this executive order that effectively ends remote work policies. The administration argues that in-person work is necessary to improve efficiency and oversight within the federal government.
This order is part of Trump’s broader push to streamline government operations and reduce bureaucracy. Some government workers have expressed concerns about the transition, particularly regarding work-life balance and productivity. Proponents of the order argue that restoring traditional office environments will improve coordination and accountability across federal agencies.
The Trump administration ordered a freeze on the hiring of federal civilian employees, to be applied throughout the executive branch. As part of this freeze, no federal civilian position that was vacant at noon on Jan. 20, 2025, may be filled, and no new positions may be created except as otherwise provided for in this memorandum or other applicable law.
The order does not apply to military personnel of the armed forces or to positions related to immigration enforcement, national security, or public safety.
Further, on Jan. 28, 2025, nearly 2.2 million federal employees received a notification from the Office of Personnel Management (OPM) explaining their right to elect a “deferred resignation” from the federal government. OPM’s deferred resignation notice is titled “Fork in the Road,” and left a large majority of the federal workforce facing career career-altering decisions.
The Trump administration has also moved to redefine the role of the military in domestic security. A new executive action grants the Defense Secretary greater authority to deploy troops for border enforcement and other national security measures. A separate order, titled “The Iron Dome for America,” establishes an accelerated program for building and deploying missile defense systems to protect the United States from attack by a foreign adversary.
This decision is part of a wider effort to increase military involvement in homeland defense, particularly amid ongoing concerns about illegal border crossings and tension with countries such as Russia, China, and North Korea. Critics warn that such policies could blur the lines between military and law enforcement responsibilities, raising legal and constitutional questions under the Posse Comitatus Act, which limits the use of armed forces for domestic policing.
As expected, Trump declared a national emergency at the U.S.-Mexico border, a move that allows him to redirect federal funds toward border security initiatives, including the resumption of border wall construction. The executive order frames illegal immigration as a national security crisis, justifying the use of emergency powers to address the situation. The administration says that additional physical barriers and increased military presence will help deter unauthorized crossings.
Opponents of the order, including civil rights groups, have signaled their intention to mount legal challenges, stating that the declaration bypasses Congress’s authority over federal spending. Similar efforts during Trump’s first term faced judicial roadblocks, and this latest move is likely to be contested in court as well.
Another sweeping change comes in the form of reinstating Schedule F, a classification of federal employees who hold policy-making positions. Under this system, thousands of government officials could lose their traditional civil service protections, making it easier for the president to replace them with political appointees.
Trump’s administration says this move restores accountability by allowing elected officials to remove bureaucrats who resist policy changes. Critics contend that it undermines the independence of the U.S. government by enabling mass firings based on political loyalty rather than competence.
Another sweeping change comes in the form of reinstating Schedule F, a classification of federal employees who hold policy-making positions. Under this system, thousands of government officials could lose their traditional civil service protections, making it easier for the president to replace them with political appointees.
Trump’s administration says this move restores accountability by allowing elected officials to remove bureaucrats who resist policy changes. Critics contend that it undermines the independence of the U.S. government by enabling mass firings based on political loyalty rather than competence.
One of the most controversial executive orders signed by Trump eliminates diversity, equity and inclusion (DEI) initiatives across the federal government, including the military. The order bans race-based and sex-based hiring preferences, dismantles DEI initiatives in federal agencies, and prohibits military academies from incorporating DEI training into their curricula.
The order states that all DEI offices within the federal government are to be abolished immediately. It also mandates a 90-day review of past DEI-related policies, requiring a full report on instances where race, sex, or gender identity preferences were applied.
The administration argues that these programs promote division rather than inclusion. Opponents argue that the rollback of DEI efforts will have long-term consequences for workforce diversity and equal opportunity in government institutions.
In a major shift in federal employment oversight, President Trump has issued an Executive Order granting expanded authority to the Office of Personnel Management (OPM). This allows OPM to make final suitability determinations and order the removal of federal employees based on post-appointment conduct, with agencies required to comply with OPM’s corrective actions within 5 working days of decisions.
The full impact of this memorandum will become clearer once OPM issues its new regulations, which will detail procedures for suitability determinations and the referral process from agencies to OPM.
With a new presidential administration comes new changes that could impact you. Join us for our upcoming webinar series where we will dive into the newly signed Presidential Executive Orders and Memorandums that may affect federal employees.
During this webinar, Michael Fallings, Esq. and Nora Ezzat Cozzillio, Esq. will address the details of the Return to In-Person Executive Order, when and how it applies, and what impacted federal employees can do to protect their remote status or reasonable accommodations.
With a new presidential administration comes new changes that could impact you. Join us for our upcoming webinar series where we will dive into the newly signed Presidential Executive Orders and Memorandums that may affect you.
Don’t miss this opportunity to gain valuable insights into the new policy changes regarding the Department of Defense. Managing Partner Sean Timmons, Esq. will keep participants informed about how the new Executive Orders and Memorandums can affect compliance guidelines, regulations, and new laws. We will provide essential information to help you make informed decisions.
With the transition to a new presidential administration comes significant policy changes that could affect your professional future. Join us for an essential webinar series examining recently signed Presidential Executive Orders and Memorandums and their potential implications.
During this webinar, Ryan Nerney, Esq. and Nora Ezzat Cozzillio, Esq. will discuss the deferred resignation offer for federal employees, considerations for accepting the offer, and pending legal actions that may impact its trajectory.
Since the January 2025 executive orders, Tully Rinckey’s attorneys have been at the forefront of analyzing and explaining these sweeping changes for federal employees and service members. Our attorneys have been featured across major media outlets providing critical insights and guidance. Below are recent interviews and commentary from our attorneys:
As one of the nation’s largest military and federal sector employment law firms, Tully Rinckey attorneys have decades of experience protecting the rights of service members, federal employees, and civil servants in their dealings with the federal government.
If you’re impacted by the 2025 executive orders and presidential memorandums – whether regarding military reinstatement, deferred resignation, Schedule F classification, or other changes – you have options. Our team of Military and Federal Employment Law attorneys is here to guide you through every step of this transition.