Trump 2.0 Executive Action on Immigration – Reading Between the Lines

On January 20, 2025, President Donald Trump signed a series of executive orders significantly altering U.S. immigration policy. These actions, aimed at strengthening border security and redefining citizenship criteria, have sparked considerable debate and are already facing legal challenges.

We are providing a summary of the immigration-related executive orders below:

Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats

This order combines two policies that were expected - extreme vetting and travel bans. Travel bans are expected to be implemented within 60 days, after the administration issues a report detailing the countries where there is not enough information to effectively vet.

This order focuses on enhancing national security and public safety by addressing threats from foreign terrorists. Specific actions and strategies outlined in the order aim to prevent and combat potential security risks, including enhanced vetting and screening of aliens. Implications of this order include increased security measures, potential changes in immigration policies, and a heightened focus on preventing terrorist activities within the United States.

A report will be submitted in 60 days to potentially suspend admission of nationals from countries with deficient vetting information. Immediate exclusion or removal of aliens will occur, unless it hinders an investigation or is against national security interests. Additional measures will be implemented within 30 days to protect the nation, including inter-departmental coordination. The administration will review regulations, policies and procedures related to inadmissibility grounds for possible adjustment. Other provisions included are below:

• Stringent identification verification will be implemented for refugees and stateless individuals.
• Visa programs will be evaluated to prevent harm to national interests.
• Recommendations will be made to protect constitutional rights from foreign nationals.
• Adequate resources are suggested to address offenses described in 8 U.S.C. 1451.
• Programs for assimilation of lawful immigrants and promotion of American identity will be evaluated.
• Additional actions will be recommended to safeguard the American people and constitutional republic from foreign threats.

Realigning the United States Refugee Admissions Program

This executive order essentially suspends all refugee admissions through the U.S. Refugee Admissions Program (USRAP). DOS and DHS, however, can make exceptions on a case-by-case basis if admission is in the national interest and passes security vetting. State and local authorities are to have more involvement in placing refugees. Within 90 days, a report will be issued whether the resumption of refugee admissions is in the interest of the United States. Additional reports will be given to President Trump until he determines admissions should be resumed.

Key provisions include:

• Suspension of Refugee Admissions: The order halts the resettlement of refugees into the United States for a minimum of four months, effective January 27, 2025.
• Review of Security Measures: During this suspension, the Secretary of Homeland Security, in consultation with the Secretary of State, is tasked with reviewing and enhancing security screening procedures for refugee applicants.
• Potential Extension: The suspension may be extended beyond the initial four months if deemed necessary to adequately implement the new security measures.

The suspension leaves thousands of refugees, including those who have already undergone extensive vetting, in a state of uncertainty regarding their resettlement plans. Advocacy groups have expressed concerns that the suspension undermines the United States' longstanding commitment to providing refuge to those fleeing persecution and conflict.

This executive order reflects the administration's focus on national security and immigration control, aligning with other actions taken to strengthen border security and reassess immigration policies.

Declaring a National Emergency at the Southern Border of the United States

In this order, President Trump declared a national emergency at the U.S.-Mexico border under the National Emergencies Act, stating that "Our southern border is overrun by cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics that harm Americans, including America." He uses the term "invasion" to describe this and that it "represents a grave threat to our Nation."

According to the declaration, "It is necessary for the Armed Forces to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border."

This declaration enables the administration to reallocate military resources and personnel to enhance border security. Specifically, the Department of Defense has been directed to deploy additional troops to assist the Department of Homeland Security in achieving "complete operational control" of the border. The following measures are authorized under this declaration:

• Use of military to obtain operational control of the border
• Authorizes the Pentagon to construct additional border barriers
• Authorizes drone use along the border
• All "appropriate action" by DOD, DHS and DOJ to stop border crossings
• DOD/DHS to give President Trump a report within 30 days with recommendations

Protecting the Meaning and Value of American Citizenship

This executive order seeks to end birthright citizenship for certain individuals born in the U.S. The key provisions include:

• Redefinition of Birthright Citizenship: The order stipulates that U.S. citizenship will not be automatically granted to individuals born in the U.S. if both parents are neither U.S. citizens nor lawful permanent residents at the time of the individual's birth.
• Implementation Date: The policy is set to take effect on February 19, 2025.

This executive order challenges the current interpretation of the 14th Amendment, which has traditionally been understood to grant citizenship to all individuals born on U.S. soil, regardless of their parents' citizenship status. Legal experts widely believe that altering birthright citizenship through an executive order is unconstitutional and anticipate immediate legal challenges.

According to the order: "Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth."

The administration declares people with non-US citizen/green card holding parents (whether legally here or not) to no longer be US citizens. This order applies to people born 30 days after the order is issued. No passports or other benefits of citizenship will be available to those children.

The constitutionality of this order is greatly doubted and civil rights organizations have already initiated legal proceedings to block its implementation (New Hampshire Indonesian Community Support v. Donald J. Trump).

Securing Our Borders

This executive order implements several measures aimed at enhancing U.S. border security. Key provisions include:

• Construction of Border Barriers: The order directs the construction of both temporary and permanent physical barriers along the U.S.-Mexico border to prevent unauthorized crossings.
• Deployment of Military Personnel: It authorizes the deployment of additional military personnel to support border security operations, aiming to achieve "complete operational control" of the border.
• Designation of Foreign Terrorist Organizations: The order includes plans to designate certain criminal organizations, such as drug cartels, as "foreign terrorist organizations," enabling more aggressive measures against them.

The impacts of this order include:

• Additional border wall construction
• Detering and preventing illegal entries
• Detention of as many illegal border crossers as possible
• Expedited removal of people crossing illegally or in the U.S. illegally
• Criminal prosecution of those that violate immigration law and those who aid them
• Cooperation with states on enforcement measures
• Obtain complete operational control of the border

The measures to accomplish the above include funding wall construction, hiring personnel, terminating “catch and release,” resuming Migrant Protection Protocols, ending use of CBPOne, ending the CHNV parole program, collecting DNA from all detained immigrants, using technology to verify relationships of people detained and prioritizing prosecuting trafficking and smuggling.

This executive order reflects the administration's commitment to strengthen border security and address illegal immigration. Critics argue these measures could strain U.S.-Mexico relations and face legal challenges, particularly concerning the use of military forces for domestic law enforcement purposes. Supporters believe these actions are necessary to protect national security and uphold the rule of law.

Protecting the American People Against Invasion

This executive order introduced several measures aimed at curbing immigration and enhancing enforcement of existing laws. A significant aspect of this order is what's not explicitly referenced. Four Biden executive orders are repealed. There are a number of items in those repealed executive orders of note, including the order underpinning the use of parole authority to encourage people to enter legally rather than coming in at the border.

Other key provisions include:

• Restriction of Federal Funds: The order directs the withholding of federal funds from jurisdictions that do not comply with federal immigration enforcement, commonly known as "sanctuary cities.”
• Establishment of Homeland Security Task Forces: The order mandates the creation of Homeland Security Task Forces in every state to ensure the utilization of all available law enforcement tools to enforce immigration laws effectively
• Expansion of Detention Facilities: It allocates resources for the creation of additional detention centers to accommodate the increased enforcement actions.
• Prioritizing "the prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of aliens in the United States."
• Mandating all federal law enforcement agencies assist DHS in achieving its immigration enforcement mission.
• Requiring undocumented immigrants to register and criminally prosecute those who don't.
• Significant fines for those violating immigration law and those helping them.
• Directs DHS Director to aggressively use expedited removal.
• Expands 287(g) agreement usage.
• Adopts policies to encourage people to voluntarily depart.
• Directs DHS and DOS to take measures to force recalcitrant countries to take back removed nationals.
• Facilitate the use of visa bonds.
• Ending parole programs for groups and only allow use in individual cases.
• TPS shall be appropriately limited in scope and made for only so long as may be necessary.
• No Employment Authorization Documents for undocumented immigrants.
• Punish non-profit organizations assisting undocumented immigrants by auditing all contracts, grants or other agreements related to federal funding received by that organization and then blocking funding, ending contracts and seeking clawbacks of that funding.

This executive order signifies a robust approach to immigration enforcement, potentially leading to increased detentions and deportations. Critics argue that withholding federal funds from sanctuary jurisdictions could strain local resources and erode trust between immigrant communities and law enforcement. Supporters believe these measures are necessary to uphold the rule of law and protect national security.