GettyImages-1095683810_Side view of back of the White House

The administration continues to roll back regulation while shifting its focus to trade, domestic production, and immigration.

This week, President Trump issued executive orders closing the Department of Education and invoking the Alien Enemies Act. Meanwhile, the administration continues its focus on DEI policies, while facing various lawsuits over its personnel, spending, and immigration actions.

Latham lawyers are carefully monitoring the rollout of President Trump’s policy priorities through executive orders, agency actions, and installment of new personnel. Below is a high-level overview of these actions, broken down by topic, along with updates on related court challenges, personnel changes, and other breaking developments in their implementation.

Diversity, Equity, and Inclusion (DEI)

Building on the administration’s executive orders targeting DEI programs in the private and public sectors, the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) jointly issued two guidance documents regarding DEI claims under Title VII. For more on the orders, see this blog post.

  • The first guidance document, titled “What To Do If You Experience Discrimination Related to DEI at Work,” discusses the protected characteristics covered by Title VII’s terms (including race and sex) and the requisite process for bringing a Title VII claim.
  • The second guidance document, titled “What You Should Know About DEI-Related Discrimination at Work,” is a longer, Q&A-style document about the circumstances in which DEI policies, initiatives, programs, and practices could be unlawful under Title VII.

Education

On March 20, 2025, the administration issued an executive order directing the Secretary of Education to take the necessary steps to close the Department of Education (DOE), to the extent permissible by law, in order to “return authority over education to the States and local communities.” The order additionally instructs the Secretary to ensure that any allocation of DOE funds complies with federal law and administrative policy, including the administration’s requirement that any recipients of such funds “terminate illegal discrimination obscured under the label ‘diversity, equity, and inclusion,’” and programs that “promote gender ideology.”

Litigation Challenges

On March 13, a coalition of state attorneys general filed suit in the District of Massachusetts, seeking to enjoin the directive to eliminate the DOE. The government has not yet issued a reply.

Banking and Finance

According to news reports, the first CFTC-regulated cryptocurrency future was launched on March 20. This follows the SEC’s introduction of its new Crypto Task Force on February 4, which we discussed in this blog post.

On March 17, the Federal Housing Finance Authority (FHFA) overhauled the boards of Fannie Mae and Freddie Mac, installing FHFA Director Bill Pulte as the chair of both entities and firing a majority of the existing boards.

Separately, President Trump removed two Democratic members of the Federal Trade Commission this week. The removals are unlikely to affect many operations of the FTC, such as the acceptance of HSR merger notification forms and decisions on second requests (which are reserved for the Chair), case recommendations, or the litigation of ongoing matters. For a more in-depth discussion of the removals, see this blog post.

Trade

In his March 18 speech at the Bureau of Industry and Security (BIS), Secretary of Commerce Howard Lutnick stated that the United States plans to increase enforcement and fines against anyone who breaches export controls, and will bring export controls into trade deal negotiations. During his speech, Secretary Lutnick highlighted the US technological rivalry with China and called on companies to partner with BIS on export controls.

Energy Sector

On March 20, the administration issued an executive order directing the Chair of the National Energy Dominance Council (NEDC) to furnish a list of all mineral production projects that have submitted application materials to a department or agency and to identify any projects that could be subject to expedited review. The Secretaries of Defense, Agriculture, Energy, and the Interior have been instructed to identify sites on federal land that could be suitable for leasing or development. Based on this list, the Secretaries of Energy and Defense are to enter into extended use leases with private entities to advance commercial mineral production enterprises.

The executive order also grants the Secretary of Defense and the CEO of the US International Development Finance Corporation (DFC) certain presidential authorities to expand domestic industrial capabilities essential to the national defense and grant loans to private enterprises, in order to advance mineral production. The order further directs the Assistant Secretary of Defense for Industrial Base Policy to convene mineral buyers and work toward an announcement of bids to supply minerals; and the Administrator of the SBA to furnish recommendations for legislation to enhance private-public capital activities and take steps to furnish regulations, rules, and guidance for such purposes.

Pursuant to implementing Executive Order 14153 (“Unleashing Alaska’s Extraordinary Resource Potential”), the Department of the Interior announced on March 20 that the Bureau of Land Management (BLM) will seek to expand opportunities for exploration and development in Alaska’s National Petroleum Reserve and the Coastal Plain of the Arctic National Wildlife Refuge. The BLM will also take steps to help solidify plans for the proposed Ambler Road and Alaska Liquefied Natural Gas Pipeline projects.

Immigration

The administration issued a proclamation declaring Tren de Aragua (TdA) as a “designated Foreign Terrorist Organization” that is threatening an invasion of the United States and invoking the Alien Enemies Act. Per the proclamation, any Venezuelan citizen over the age of 14 who is a member of TdA, is within the United States, and is not a naturalized citizen or lawful permanent resident is to be immediately apprehended, detained, and removed as an “alien enem[y].” The proclamation additionally states that all TdA members with “actual hostility against the United States” are ineligible to be allowed time to settle their affairs and depart.

Litigation Challenges

On March 15, a federal judge in the District of Columbia issued a temporary restraining order (TRO) blocking immediate deportations under the law. A hearing is set for March 21 on the merits of the TRO.

Federal Workforce Reductions and Efficiency

The administration continues to emphasize reductions and efficiency in the federal government. This week, several executive orders and memoranda focused on efficiency, including:

  • an executive order directing the Administrator of General Services to submit a domestic procurement plan for agency goods and services to the OMB Director;
  • a memorandum granting the Director of the Office of Personnel Management authority to make “final suitability determinations” regarding executive branch employees; and
  • an executive order directing all agency heads to ensure that officials designated by the president or agency heads have “full and prompt access to all unclassified agency records, data, software systems, and information technology systems” for the purposes of reducing and eliminating waste.

Late last week, an executive order eliminated a number of government entities, including the United States Agency for Global Media, the Community Development Financial Institutions Fund, and the Minority Business Development Agency.

Personnel Moves

  • Brianna Tibbetts is joining the Senate HELP Committee as education policy adviser.
  • Bryan Bedford was nominated as Administrator for the Federal Aviation Administration (FAA).