Updates Regarding Executive Orders and their Impact at NMSU

During its first weeks of governance, the federal administration in Washington, D.C. has announced a number of executive orders with the potential to impact operations and policies at New Mexico State University. This situation is fluid – new information and changes arrive daily, and our administrative and legal teams are actively seeking clarity and answers in this changing landscape. The implications of many of these measures are unclear and will depend on how they are interpreted and applied, both by agencies and the courts.

Our commitment now is to provide information as soon as we have good, concrete guidance to share. We’ll use this site to share information and resources, and we ask you to check back often for updates.

Information by Topic

Feb. 26, 2025

From Luis Cifuentes, Vice President for Research, Creativity and Economic Development:

Regarding the federal funding "pause" that has created so much uncertainty, NMSU is in receipt of only a few stop-work order notices from USAID, USDA, and NASA. A stop-work order requires NMSU to immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within an unspecified (or specified) period, the sponsor can cancel the stop-work order, and resume project activities, or terminate the work covered by the order. 

Per Sponsored Projects Accounting, if deans/department heads/directors decide to continue supporting a project with a stop-work order notice and allow spending, posting charges on the Banner Fund/Index will be allowed. However, Research Administration Services will not request sponsor consideration for any charges occurring after a stop-work notice is received, even if the notice is lifted at some future point; these expenditures are considered unallowable and will need to be transferred to an unrestricted funding source.  

For projects that are a part of a multi-year, continuation and where Banner Fund/Index waivers are routinely utilized to begin work on the next year, consult your college/unit leaders about initiating a waiver request. Waivers are inherently risky, and during this unprecedented period, they are even riskier. Researchers are also encouraged to discuss scheduled funding releases with sponsor program managers. If a waiver is needed, follow these recommendations:

  • Maintain payroll for personnel
  • Maintain mission critical activities
  • Do not issue subawards, in most cases, until the formal award notice is received 

Other guidance for faculty and staff has not changed:

  • Travel & major purchases: consult your college/unit leaders before proceeding
  • Salaries & personnel: unless otherwise notified, salaries for personnel on sponsored projects and IDC are not impacted at this time

Feb. 10, 2025

From Luis Cifuentes, Vice President for Research, Creativity and Economic Development:

On Feb. 7, 2025, the NIH issued   Notice Number NOT-OD-25-068 , announcing a significant policy change: a   standard 15% indirect cost rate   will now apply to all NIH grants, replacing individually negotiated rates.

As with the   federal funding “pause,”   this is a fluid situation for both existing and new grants and contracts, and new developments are likely to arrive daily.

We understand this change raises concerns. NMSU leadership is actively developing both short-term responses and long-term strategies. Our government relations team has reached out to our new lobbying firm, and we are assessing impacts to overhead funded positions and functions.

Regarding the   federal funding “pause,”   we have yet to receive expected communications from agencies like NSF, NIH, and DOE. Legal challenges and advocacy efforts from Congress and organizations like APLU and ACE are ongoing.

Guidance for Faculty & Staff has not changed:  

  • Travel & Major Purchases:   Consult your college/unit leaders before proceeding.
  • Salaries & Personnel:   Unless otherwise notified, salaries for personnel on sponsored projects   and IDC   are not impacted   at this time.

Feb. 3, 2025

From Luis Cifuentes, Vice President for Research, Creativity and Economic Development:

As of Feb. 2, 2025, the federal government's pause on sponsored research remains uncertain. On Jan. 27, 2025, the Office of Management and Budget (OMB) issued a directive to temporarily halt federal grants and loans to review compliance with recent executive orders. This pause was set to begin on Jan. 28. However, a federal judge temporarily blocked the freeze on Jan. 28, just before it was to take effect. Subsequently, OMB rescinded its initial memo, but the administration indicated that efforts to implement the funding freeze would continue. On Jan. 31, another federal judge issued a temporary order blocking the implementation of the funding freeze in 22 states and the District of Columbia, citing potential constitutional and legal violations. Despite these legal interventions, the situation remains fluid, and the future of federal funding for sponsored research is still in question. We expect communications from federal sponsors (e.g., NSF, NIH, DOE, etc.) early this week.

We continue to recommend:

  • Travel & Major Purchases: We encourage you to postpone non-essential travel and refrain from purchasing major equipment or supplies that are not immediately critical to your federally funded project without first consulting your college/unit leaders.
  • Salaries & Personnel: Unless otherwise notified, there will be no stoppage of salaries for personnel on any sponsored funded projects.

In addition, if you are planning to make major purchases, travel, or plan other research activities with institutional and general funds, consult with your department head and associate dean for research or center/institute director first.

Finally, consult with the ISSS office if you have any upcoming international travel, before seeking counsel from your department head, associate dean for research or center/institute director.

Jan. 29, 2025

From Luis Cifuentes, Vice President for Research, Creativity and Economic Development:

The White House Office of Management & Budget (OMB) has rescinded M-25-13, a previously issued OMB memo from Jan. 27 that called for a blanket temporary pause of federal agency grants. This rescission does not rescind any other memo or executive order, so agencies will still be reviewing existing grants for compliance with other executive orders. Additionally, any previously announced agency communication pauses are still in place.  

Considering these uncertainties, we ask Principal Investigators (PIs) to keep the following in mind:

Proposals

  • Research Administration Services (RAS) will continue submitting proposals as long as opportunities and transmission systems remain open.
  • Please review the most up-to-date solicitations and funding opportunities, as requirements may change.
  • PIs should prepare for potential delays or cancellations in sponsor reviews.  

Awards (e.g., Grants, Contracts, Cooperative Agreements, Subawards)

  • Currently, the only formal guidance available is in the original OMB memo and accompanying Q&A. Please refer to these documents unless you receive specific instructions from your sponsor’s contractual representatives.
  • The vast majority of NMSU’s grants and contracts are  not impacted by the pause, as the OMB memo states: “Any program not implicated by the President’s Executive Orders is not subject to the pause.”
  • The Executive Orders (EOs) in question include:
    • - Protecting the American People Against Invasion
    • - Reevaluating and Realigning United States Foreign Aid
    • - Putting America First in International Environmental Agreements
    • - Unleashing American Energy
    • - Ending Radical and Wasteful Government DEI Programs and Preferencing
    • - Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
    • - Enforcing the Hyde Amendment

Currently, RAS has identified only one instance where a project was paused due to alignment with one of these EOs. 

If you are unsure whether your project could be affected, consider the following:

  • Does my project involve funding for expanding a diversity initiative?
  • Does my project align with ideologies or objectives contained in the EOs?

PIs should carefully review the scope of work outlined in their proposals and awards to assess potential impacts.

Roles and Responsibilities

As a reminder, per NMSU’s Administrative Rules and Procedures:

“The principal investigator is the individual responsible for the intellectual direction of a research project and the training of graduate students. This responsibility includes the conduct of the project, fiscal and administrative accountability, and adherence to the requirements of all relevant laws, regulations, policies, procedures, and agreements. If a project has multiple investigators (lead principal investigator and co-principal investigators), they shall share the responsibility and accountability for leading and directing the project, both intellectually and logistically.”

PIs are  not alone in navigating these uncertainties. Please consult with your college/unit leadership, research offices, RAS, and our office for assistance in interpreting and applying these EOs to your projects.

Next Steps & Recommendations

Given the fluid nature of this situation:

  • Travel & Major Purchases: We encourage you to postpone non-essential travel and refrain from purchasing major equipment or supplies that are not immediately critical to your project without first consulting your college/unit leaders.
  • Salaries & Personnel: Unless otherwise notified, there will be  no stoppage of salaries for personnel on funded projects.

Jan. 27, 2025

Related Executive Orders

Ending Illegal Discrimination and Restoring Merit-Based Opportunity
Ending Radical And Wasteful Government DEI Programs And Preferencing

The announcement of blanket changes affecting the future of diversity programs and the escalation and broadening of immigration enforcement (and more) have already resulted in heightened tension, anxiety, and fear for many in our communities. With regard to some of these mandates, the New Mexico Department of Justice has provided guidance specific to higher education institutions regarding the enforcement of immigration laws. This should be the guidance that informs our initial approach to these matters. For example, if you encounter federal agents on our campus, or at any of our community colleges, research centers or offices around the state, please contact NMSU Police at 575-646-3311 and notify our General Counsel Office at 575-646-2446.

 

The first of two orders related to our DEI initiatives, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” directs the Attorney General to provide “recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.”

The order also directs the AG and Department of Education to issue guidance to higher education institutions receiving federal funding that identifies “the measures and practices required to comply” with the Students for Fair Admissions vs. Harvard University case. This guidance interprets the Supreme Court ruling that struck down affirmative action as extending to areas outside of admissions.  

The second of these orders, “Ending Radical And Wasteful Government DEI Programs And Preferencing,” requires federal agencies to terminate “equity-related” grants or contracts, and all DEI or DEIA performance requirements for employees, contractors, or grantees. Agencies are also directed to provide a listing of all “Federal contractors who have provided DEI training or DEI training materials to agency or department employees,” and all “Federal grantees who received Federal funding to provide or advance DEI, DEIA, or ‘environmental justice’ programs, services, or activities since January 20, 2021.” 

Federal agencies are also to provide a list of all “agency or department DEI, DEIA, or “environmental justice” positions, committees, programs, services, activities, budgets, and expenditures in existence on November 4, 2024, and an assessment of whether these positions, committees, programs, services, activities, budgets, and expenditures have been misleadingly relabeled in an attempt to preserve their pre-November 4, 2024 function.”

NMSU is monitoring this situation closely and working to identify any university offices or contracts that could be subject to “Ending Radical And Wasteful Government DEI Programs And Preferencing.”

Jan. 27, 2025

Related Executive Orders

Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
Protecting the Meaning and Value of American Citizenship
America First Policy Directive to the Secretary of State

 

The first order enhances vetting for all visa applicants, including F-1 and J-1 students, and directs the departments of State and Homeland Security to ensure that applicants, as well as “aliens already otherwise already present in the United States” do not “bear hostile attitudes” toward U.S. institutions. It directs the departments to revert screening and vetting standards to those from the first Trump administration. These changes could impact visa processing times and have other implications.

A second order challenges the prevailing interpretation of the citizenship clause of the 14th Amendment, seeking to end birthright citizenship, in which individuals born in the U.S. are American citizens, regardless of their parents’ status in the country. The order also extends to individuals born to mothers lawfully but temporarily in the U.S., such as on student visas, where the father is not a U.S. citizen or lawful permanent resident. This order is being challenged in multiple federal court jurisdictions and is temporarily blocked.

The third order, “America First Policy Directive to the Secretary of State” directs the Department of State to align all policies and programs with an “America First” approach, which could have implications for State Department-funded international exchange and study abroad programs.

NMSU is monitoring these situations. Questions about this topic should be directed to NMSU International Students and Scholar Services at isss@nmsu.edu or 575-646-2834.