February 13, 2025
Several new executive orders have been introduced, many impacting immigration and border security. Here’s a simplified summary of Trump’s executive orders signed on January 20, 2025:
1. Executive Order Initial Rescissions of Harmful Executive Orders and Action
The new administration has rolled back several immigration-related executive orders from the previous administration. These changes affect policies on enforcement priorities, family reunification, refugee resettlement, and managing migration.
Key rescinded orders include:
- Enforcement Priorities: Reversing Biden-era guidelines on immigration enforcement and speeding up removals.
- Family Reunification: Ending efforts to reunite families separated under Trump.
- Refugee Resettlement & Immigration System: Scaling back improvements in refugee programs and the legal immigration system.
- Public Charge & Bond Rights: Restoring stricter policies for immigrants seeking public assistance and bond hearings.
These actions set the stage for stricter immigration measures, including limited access to bonds and increased removals.
2. Executive Order Protecting the Meaning and Value of American Citizenship
This executive order seeks to limit automatic U.S. citizenship for children born in the U.S. to parents who are unlawfully present or in the country on temporary visas, such as TPS or H-1B. Under current law, individuals born in the U.S. are typically granted citizenship. However, this order would deny citizenship to children if their parents are not lawful permanent residents or U.S. citizens at the time of birth.
This order was set to take effect on February 20, 2025, but has been blocked by a federal judge from taking effect.
3. Executive Order Protecting the American People Against Invasion
This executive order focuses on stricter immigration law enforcement. It sets new priorities for the Department of Homeland Security (DHS), including targeting individuals who entered illegally, those without legal status, and those with final removal orders. The order also expands expedited removals and detention capacity.
Key points include:
- Registering undocumented individuals and imposing penalties for non-compliance.
- Cutting federal funds to “sanctuary” cities that limit cooperation with federal authorities.
- Expanding local law enforcement’s role in immigration enforcement through agreements with DHS.
- Reviewing federal funding for NGOs that assist in violating immigration laws.
- Imposing sanctions on countries that refuse to accept their nationals for deportation.
The order also calls for hiring more CBP and ICE officers and agents.
4. Executive Order Securing Our Borders
This executive order reinstates policies from the previous administration to strengthen border security. It revives the Migrant Protection Protocols (MPP), requiring migrants to wait in Mexico for court hearings, and ends certain humanitarian parole programs, including for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). The order also stops the CBP One app and ends “catch-and-release,” meaning migrants will likely be detained while awaiting court hearings.
The policy aims to prevent unauthorized entries and expand border enforcement but may lead to more migrants crossing between ports of entry and increase pressure on detention facilities.
5. Executive Order Declaring a National Emergency at the Southern Border
This executive order declares a national emergency at the southern U.S. border, allowing the use of military resources, including the Armed Forces and National Guard, to support immigration enforcement. The order directs the Department of Defense (DOD) to assist with border barrier construction, apprehensions, detention, and surveillance operations, including the use of drones.
The order raises concerns about the appropriateness of using military personnel for civil immigration enforcement and could lead to the use of force in border operations. Military involvement in these tasks has sparked debate, with some organizations, including veterans’ groups, opposing the deployment of troops for immigration enforcement.
6. Executive Order Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
This executive order aims to increase vetting of visa applicants and individuals already in the U.S. to address national security risks. Within 60 days, the administration will identify countries with insufficient vetting procedures, potentially leading to travel bans. It also re-establishes stricter vetting measures for visa applicants and individuals in the U.S. on lawful status.
The order focuses on enhancing denaturalization operations and increasing the scrutiny of refugees and stateless persons. It also calls for a review of visa programs to ensure they align with national security goals.
These measures could result in delays and uncertainty for visa applicants and long-term U.S. residents.
7. Executive Order Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists
This executive order creates a process to designate cartels as Foreign Terrorist Organizations (FTOs) or Specially Designated Global Terrorists (SDGTs) within 14 days. It also outlines a plan to use the Alien Enemies Act to expedite the removal of individuals designated as terrorists.
The order could allow deportations without hearings, even for individuals with lawful U.S. status, if they are labeled as terrorists under this authority.
8. Executive Order Guaranteeing the States Protections Against Invasion
This executive order declares an ongoing “invasion” of migrants at the southern border and uses it to justify suspending all border entries, including asylum requests. It cites the president’s authority to restrict entry under the Immigration and Nationality Act (INA) and the Constitution’s requirement to protect states from invasion.
The order effectively bans asylum at the southern border and can block entry for individuals who do not provide medical or criminal background information. However, it may face legal challenges, as it conflicts with existing laws that guarantee access to asylum.
9. Executive Order Guaranteeing the States Protections Against Invasion
This executive order directs the Department of Defense (DOD) to deliver a revised plan within 10 days for U.S. Northern Command to secure the borders and protect U.S. sovereignty. The plan focuses on stopping unlawful migration, drug trafficking, human trafficking, and other criminal activities. It requires regular assessments of military operations and a “commander’s estimate” within 30 days.
10. Executive Order Realigning the United States Refugee Admissions Program
This executive order suspends the U.S. refugee program indefinitely, citing concerns that it harms U.S. interests. However, refugees may still be admitted on a case-by-case basis by the Department of State (DOS) and Department of Homeland Security (DHS). States and localities will have a role in deciding where refugees are placed. A review of the program will be conducted within 90 days to determine if it will resume.
Additionally, more stringent vetting will be applied to refugees, and flights for refugees already cleared to enter the U.S. have been canceled, including for 1,600 Afghans who helped U.S. efforts.
11. Executive Order Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
This executive order requires federal agencies to recognize only two genders, male and female, in all immigration-related policies.
Key impacts include:
- Government IDs, like passports and visas, will only show male or female.
- Immigration forms and detention policies may be updated.
- Detention centers will separate detainees by gender, possibly removing protections for transgender and nonbinary individuals.
12. Executive Order America First Trade Policy
This executive order focuses on U.S. trade policies to strengthen the economy and benefit American workers. It directs a review of all trade agreements, including the U.S.-Mexico-Canada Agreement (USMCA), which could affect visa eligibility for Canadian and Mexican professionals.
Key impacts include:
- Potential changes to the TN visa, requiring stricter qualifications and more documentation for Canadian and Mexican applicants.
- A review of other trade agreements may affect visa categories like E-1, E-2, and H-1B1.
- Investigating unfair trade practices could reduce job opportunities for foreign professionals on B-1 or L-1 visas.
13. Executive Order America First Policy Directive to the Secretary of State
This executive order directs foreign policy to prioritize U.S. interests, potentially impacting economic growth. It could revive the “Buy American, Hire American” (BAHA) policy, which increased scrutiny on employment-based visas and raised barriers for U.S. businesses to hire foreign workers
