On January 20, 2025, the day President Trump took office for his second term, he issued a series of immigration-related executive orders and proclamations that will quickly re-shape the U.S. immigration system. These executive orders affect nearly every facet of a complex and demanding system. Most of the policy changes introduced through these actions are framed as directives to federal departments and agencies. However, their language also aims to stoke fear and test the boundaries of executive authority.
The orders cover a broad array of topics, at times overlapping, that aim to increase detention and deportation, restrict overall migration to the United States, punish “sanctuary” cities and states, and suspend access to humanitarian protection. All include dehumanizing language and overly broad generalizations to justify novel uses of immigration authorities, the military, and terrorism-related laws.
Below we detail some of the changes made by these executive orders and proclamations.
Enlisting the Military to Support Trump’s Immigration Agenda
Trump proclaimed a national emergency at the southern border. The declaration opens military resources, including manpower and operational support to place physical barriers and gain “operational control” of the border. The phrase “operational control” dates to the Secure Fence Act of 2006, which is defined as “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.” No president has met that burden given the impracticality of such a mandate.
An alarming component of the declaration calls for a recommendation within three months by Department of Defense (DOD) and Department of Homeland Security (DHS) about whether it is necessary to invoke the Insurrection Act to gain operational control of the border. That act authorizes the president to deploy military forces inside the United States in certain situations. While it is unclear to what extent those authorities can be used for civil immigration enforcement, coupling them with the “operational control” mandate could give the Trump administration substantial leeway in how it decides to use the military.
Aggressive Expansion of Immigration Enforcement and Detention
As Trump aims to fulfill his promises of mass deportations, his executive orders instruct DHS to expand the infrastructure needed to prioritize arrests, detentions, and deportations. One order calls for the expansion of a fast-track deportation process, known as “expedited removal”, which has been typically used only at the border, to the interior of the United States. That process allows immigration agents to order a person’s deportation without affording them the opportunity to see an immigration judge. Indeed, on Jan. 21, just a day after the executive orders were issued, DHS’ Acting Director published a notice expanding expedited removal to any non-citizen in violation of immigration law anywhere in the U.S. and who has not been continuously present for more than two years. The burden is on the undocumented person to prove that they have been here for longer.
The same order calls for the hiring of new Immigration and Customs Enforcement (ICE) officers and Customs and Border Protection (CBP) agents. It also instructs DHS to enter new contracts for detention centers and “allocate all available resources” to detention. The federal government currently funds DHS for 41,500 detention beds, but ICE has already announced plans for multiple new facilities with 10,000 beds each. To expand the reach of ICE enforcement, the order calls for expanding the number of 287(g) agreements which allow local police to enforce civil immigration law.
The Trump administration also aims to punish “sanctuary” cities, counties, and states that have opted to limit the use of local resources for federal immigration enforcement. Specifically, an order instructs DHS and the Department of Justice to “evaluate and undertake any lawful actions” to prevent these jurisdictions from receiving access to any federal funds.
Indefinite Suspension of U.S. Protections for People Fleeing Harm
Two of the farthest-reaching changes are the indefinite suspension of entry at the U.S.-Mexico border and the U.S. Refugee Admissions Program.
In one order, Trump proclaims “the current situation at the southern border” qualifies as an “invasion,” as described in a particular provision of the U.S. constitution. This interpretation is highly tenuous as the constitutional provision refers to foreign governments, not people fleeing danger. Nevertheless, based on the broad powers given to a president in the context of an “invasion,” and based on power vested in the president under Section 212(f) of the Immigration Nationality Act, President Trump has ordered immediate suspension of the physical entry of any person “engaged in the invasion” across the U.S.-Mexico border. In reality, given restrictions already put in place by the Biden administration, encounters at the border have been at their lowest since July 2020. The order also suspends the entry of migrants who are unable to affirmatively supply sufficient information about their medical and criminal histories.
In a second wide-reaching executive order titled, “Securing the Border,” the president calls for the immediate cessation of the CBP One mobile app, which allowed migrants to schedule an appointment to present themselves at U.S. ports of entry. News outlets reported that on January 20, just hours after Trump took office, the app was no longer available for use, and all future appointments were cancelled. This left approximately 270,000 people who either had appointments or were waiting for one, stranded near ports of entry at the U.S.-Mexico border. CBP One was the primary way for migrants to request asylum due to other restrictions imposed by the Biden administration last year. Without the app, there is no mechanism for people seeking asylum to request protection from U.S. authorities at the southern border.
In the same order, Trump calls for re-implementation of the Remain in Mexico program, which requires people requesting asylum to wait in Mexico during their removal proceedings. Mexican President Claudia Sheinbaum has indicated that she will not object to the plan. Between 2019 and 2021, when the program was previously implemented, Human Rights First documented more than 1,500 publicly reported cases of rape, kidnapping, assault and other crimes committed against people who were sent back to Mexico.
In a different executive order, the president indefinitely suspends the U.S. Refugee Admissions Program. This means that tens of thousands of refugees who had undergone years of screening will have to remain in danger overseas. While the suspension is set to begin on January 27, 2025, news outlets report that the flights for 1,660 Afghan refugees approved for resettlement have already been cancelled. The order, which labels the program as “detrimental” to the U.S., requires a periodic 90-day review to determine if the program should resume, but gives the president discretion to restart the program if it is “in the interests of the United States.”
In another executive order, Trump also takes initial steps toward a broader travel ban. The order calls for a two-month review process to identify countries with “deficient” vetting and screening information that could be subject to a partial or full travel ban for all nationals from those countries.
Attacking the Livelihoods of Undocumented People
The executive orders call for policies aimed at instilling fear in the immigrant community, despite that many are difficult to implement. For example, one order relies on a seldomly enforced provision of immigration law that requires all noncitizens to register with the federal government. While this provision has been law since the 1940s, it has never been fully enforced and there’s no formal way to register. However, a conviction for “willfully” failing to do so could result in up to a $1,000 fine or up to 6 months in jail. Most undocumented immigrants have not registered and therefore could easily face criminal prosecution.
There’s also an instruction to the Director of the Office of Management and Budget to “identify and stop” the provision of public benefits to undocumented people. However, undocumented people are not eligible for most public benefits. This is likely aimed at instilling fear among mixed-status families about applying for public support.
Reducing Legal Pathways
The Trump administration also targeted lawful immigration pathways. Two orders called for the immediate suspension of “categorical” parole programs. As of January 21, 2025, the only parole program that has been suspended is the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program. CHNV benefitted nearly 530,000 people as of December 2024. The program was successful in disincentivizing people from traveling to the southern border to request protection. It is unclear how other parole programs, including one for Afghan nationals, Uniting for Ukraine, and Military Parole in Place, will be affected by this order.
While there is no immediate impact on people with Temporary Protected Status designations, one order calls for the review of the scope and duration of those determinations.
Additionally, an order titled “Protecting The Meaning and Value of American Citizenship” aims to strip birthright citizenship for children unless they are born to at least one parent who is a U.S. citizen or a legal permanent resident. Starting on or after February 20, the order instructs federal agencies to not issue documents that could be used to prove their U.S. citizenship, like passports, to these children. The order relies on a discredited theory that the 14th Amendment, which confers birthright citizenship, does not apply to undocumented people. Several lawsuits, including ones from the ACLU and 24 states, have already been filed against this order. On January 23, a district court judge in Washington temporarily blocked the order as “blatantly” unconstitutional.
A Narrow View of the Value of Immigrants
Most of the orders direct U.S. federal agencies to review current policies and bring them in line with the laid-out principles, while some have already resulted in immediate and lasting changes. Broadly, they present an antagonistic and narrow view of immigrants’ role in our society. Through them, the administration seeks to redefine America in a way that excludes everyone—from asylum seekers crossing the border to children who will be born to parents on temporary visas next month. Nevertheless, we know that despite these harmful policies, the overwhelming majority of immigrants are good, hardworking people who simply wish to continue to contribute richly to our society.
FILED UNDER: Donald Trump
