Hours after being sworn in, President Trump signed numerous Executive Orders to secure our nation’s borders and restore the rule of law in the interior. With these orders, President Trump also sought to fulfill his campaign promises to end birthright citizenship, halt cartel activity, and eliminate terrorist networks. Simultaneously, the President rescinded many of the Biden administration’s policies that opened our borders, encouraged the abuse of our asylum and parole laws, and undermined our legal immigration system.
Below is an initial summary of the Executive Orders and Proclamations signed by President Trump on January 20, 2025:
Declaring a National Emergency at the Southern Border of the United States
Through this proclamation, President Trump declared a national emergency at the southern border. This declaration is similar to the national emergency the President declared during his first administration, but that declaration was rescinded by President Biden on his first day in office. The Proclamation directs the Armed Forces “to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border.” It also directs the Department of Defense (DOD) and Department of Homeland Security (DHS) to take immediate steps to construct additional physical barriers at the southern border and to take all appropriate action to impede the entry of illegal aliens. Finally, the Proclamation helps DHS counter unmanned aerial systems near the border by providing for the waiving of Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) regulations or policies when appropriate.
This Executive Order outlines the Trump administration’s border security policies. In particular, the Order states that it is the policy of the United States to secure the border by:
- Building a border wall;
- Preventing the entry of illegal aliens into the U.S.;
- Detaining aliens apprehended for crimes until they are removed;
- Removing aliens that enter or stay in the U.S. in violation of law;
- Pursuing charges against illegal aliens violating our immigration laws and those supporting illegal aliens’ presence in the country;
- Cooperating with state and local enforcement as part of upholding our immigration laws; and
- Obtaining “complete operational control of the borders of the United States.”
The Order also issues directives to various government agencies to achieve these policy goals, such as resuming the Migrant Protection Protocols (commonly referred to as Remain in Mexico); ending abuse of the CBP One mobile application to facilitate illegal aliens’ entry into the country; and terminating categorical parole programs, such as the unlawful CHNV program. The Executive Order also requires the Attorney General and DHS Secretary to take action to comply with the DNA Fingerprint Act of 2005, and for the DHS Secretary to verify claimed family relationships. Finally, the Order requires the Attorney General and DHS Secretary to prioritize prosecutions for crimes relating to our borders, including human trafficking and smuggling.
Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States
The President, in issuing this Executive Order, says that he has “no more solemn responsibility than protecting the sovereignty and territorial integrity of the United States along our national borders.” This Executive Order highlights the National Emergency along the southern border and aims to mitigate threats against our nation’s sovereignty by directing the Armed Services to “prioritize the protection of the sovereignty and territorial integrity of the United States along our national borders.” The EO directs the DOD to make plans to “seal the borders” by “repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”
Protecting the American People Against Invasion
Through this Executive Order, President Trump implemented broad policies regarding a variety of aspects of immigration law. First and foremost, the order states that it is the policy of the U.S. “to faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people.” In addition, the Order requires the DHS Secretary, the Secretary of State and the Attorney General, as appropriate, to implement multiple policies. These include:
- Prioritizing the prosecution of criminal offenses related to illegal entry or unauthorized presence of aliens in the United States.
- Establishing Homeland Security Task Forces in each state to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations.
- Constructing and using detention facilities and ensuring the detention of illegal aliens pending the outcome of their proceedings.
- Taking appropriate action, including through 287(g) agreements, to authorize state and local law enforcement officials to help enforce federal immigration laws.
- Implementing sanctions, as authorized by law, to ensure that negotiations with foreign countries require foreign states’ acceptance of their nationals when the U.S. seeks to deport them.
- Ensuring parole is only carried out on a case-by-case basis.
- Ensuring Temporary Protected Status (TPS) designations are consistent with federal law, are limited in scope, and last only as long as necessary to fulfill the requirements of that statute.
- Ensuring work permits are not provided to any “unauthorized alien” in the United States.
- Undertaking any lawful actions to ensure that “sanctuary” jurisdictions do not receive access to federal funds.
- Taking all appropriate action to stop the trafficking and smuggling of alien children into the U.S.
Realigning the United States Refugee Admissions Program
Through this order, the President announced that he is suspending the entry of refugees for up to 90 days, if not longer, until the President determines that resuming admissions would be in the interest of the United States. As outlined in the Executive Order, “The United States lacks the ability to absorb large numbers of migrants, and in particular, refugees, into its communities in a manner that does not compromise the availability of resources for Americans, that protects their safety and security, and that ensures the appropriate assimilation of refugees.” In addition to suspending the entry of refugees, the Executive Order requires DHS to suspend the adjudication of existing refugee applications during such time.
Despite the temporary suspension of entries (effective as of January 27, 2025), the Executive Order allows the Secretary of Homeland Security and the Secretary of State, to admit refugees into the U.S. on a case-by-case basis if it is in the national interest and the refugee would not pose a threat to the security and welfare of the United States. Finally, the Order directs the federal government to promote greater consultation and engage with state and local leaders on refugee resettlement in the country.
Protecting the Meaning of and Value of American Citizenship
This Executive Order seeks to establish a policy that birthright citizenship shall not be extended to those unlawfully or temporarily in the country, and thus “not subject to the jurisdiction” of the United States (per the 14th Amendment to the U.S. Constitution). In the EO, the President prohibits federal agencies from issuing documents recognizing U.S. citizenship, or accepting documents issued by state or local jurisdictions purporting to recognize U.S. citizenship, to persons:
(1) when that person’s mother was unlawfully present in the United States and the person’s father was not a U.S. 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 was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
The Executive Order goes into effect on February 19, 2025, and requires all executive departments and agencies (including the DHS, State, and the Social Security Agency) to issue guidance to implement the President’s policy during that time.
This Executive Order provides for increased vetting and screening of aliens to ensure that individuals who intend to harm Americans or our national interests do not exploit visas to enter the country. Specifically, the Order requires the Secretary of State to immediately identify all resources that may be used to screen and vet aliens; to reestablish baselines for screening and vetting as existed before the Biden administration; and to submit a joint report to the President outlining countries for which the U.S. has inadequate vetting and screening information warranting a suspension of entry for nationals of that country under section 212(f) of the INA.
The Order further instructs the DHS Secretary to remove or exclude aliens from countries warranting such a suspension of entry absent other national security or public interest concerns. Finally, the Order requires that the State Department to:
- Evaluate the Foreign Service Manual to ensure that it is protecting Americans and the country’s interest;
- Ensure that refugees and other stateless persons seeking entry undergo stringent ID verification;
- Evaluate all visa programs to ensure that they are not being exploited by hostile actors;
- Ensure that foreign nationals are not undermining the constitutional freedoms of Americans;
- Require that adequate resources are devoted to revoking naturalizations as needed under 8 U.S.C. 1451; and
- Evaluate programs for the assimilation of lawful immigrants into the country.
This Executive Order creates a process to designate certain international cartels as Foreign Terrorist Organizations (FTOs), under section 219 of the INA, or as Specially Designated Global Terrorists, under 50 U.S.C. 1702 and Executive Order 13224. The order states, “It is the policy of the United States to ensure the total elimination of these organizations’ presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures, thereby protecting the American people and the territorial integrity of the United States.”
To that end, the Order requires the Secretary of State, within 14 days, to make recommendations as to the designations of specific cartels. The Order also requires the Attorney General and DHS Secretary to take all appropriate actions to prepare for potential action under the Alien Enemies Act for any “qualifying invasion or predatory incursion,” including preparing facilities for the quick removal of concerned aliens.
The President used his authority under the Immigration and Nationality Act (specifically, sections 212(f) and 215(a)) to issue a proclamation to deny entry into the United States of aliens engaged in the invasion across the southern border, until such time as the President finds that the invasion has ceased. Finding that the entry of illegal aliens is detrimental to the interests of the United States, the President is also directing that aliens engaged in the invasion are restricted from invoking INA provisions to remain in the country, including section 208 of the INA, until such time as the President finds that the invasion has ceased. The suspension of entry is also invoked for aliens posing public health, safety or national security risks failing to provide sufficient medical, criminal history and background information. The proclamation also cites the authority provided under Article II of the U.S. Constitution to suspend the entry of any aliens “engaged in the invasion across the southern border of the United States” until such time as the President finds that the invasion has ceased.
Finally, the proclamation requires the DHS Secretary, in coordination with the Secretary of State and the Attorney General, to take actions to expel, repatriate or remove any aliens engaged in an invasion across the southern border using the powers under 212(f), 215(a) and the U.S. Constitution, until such time as the President finds that the invasion has ceased.
Reversing Course through Rescissions
In addition to these measures, the Trump administration also moved quickly to rescind several executive orders from the previous administration. The orders rescinded include:
- Executive Order 13993 of January 20, 2021 (Revision of Civil Immigration Enforcement Policies and Priorities.
- Executive Order 14010 of February 2, 2021 (Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border).
- Executive Order 14011 of February 2, 2021 (Establishment of Interagency Task Force on the Reunification of Families).
- Executive Order 14012 of February 2, 2021 (Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans).
- Executive Order 14013 of February 4, 2021 (Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration).
- Executive Order 14060 of December 15, 2021 (Establishing the United States Council on Transnational Organized Crime).
- The Presidential Memorandum of January 14, 2025 (Certification of Rescission of Cuba’s Designation as a State Sponsor of Terrorism).
