Analysis of Executive Orders and Actions

Last updated: January 27, 2025

The Trump administration has acted swiftly to issue and implement policies that directly target immigrant communities, attack basic rights, and place millions of lives at risk. These actions seek to instill panic and fear by aggressively communicating the administration’s extreme agenda and continuing to shape a false narrative of immigrant “invasion” that seeks to divide the country and strip away protections for countless individuals.

These executive statements clearly communicate the harmful priorities of the Trump administration. However, they do not implement themselves. Many orders have already been challenged, and the impact of others will only be known in the coming weeks and months as government implementation begins to occur.

Full analysis of Day One Executive Orders is available under the summary below and in the PDF here.

ORDERS AND ACTIONS TARGETING IMMIGRANT RIGHTS AND IMMIGRATION POLICY

Protecting the American People Against Invasion (January 20, 2025): Establishes US policy of achieving “the total and efficient enforcement” of the immigration laws, “including through lawful incentives and detention capabilities.”

• Although the administration intends to target sanctuary jurisdictions, sanctuary policies are not unlawful. Nevertheless, the DOJ has issued a memorandum targeting sanctuary jurisdictions.
   
• ICE has acted quickly to revoke its sensitive locations directive and to issue new courthouse guidance, meaning immigration enforcement actions may now be attempted at schools, churches, hospitals, and other protected places. A lawsuit has been filed challenging this rescission on behalf of Quaker houses of worship.
   
• On January 24, 2025, DHS published a notice expanding the use of expedited removal to its full extent under the immigration statute. Expedited removal processes will now be applied to any noncitizens without lawful status who cannot prove that they have been continuously present in the US for two years. The expansion has been challenged in court.
   
• ICE has issued a memo instructing broad application of expedited removal. The memo includes instructions to consider revoking parole and placing individuals in removal proceedings.
• The administration has declared a “mass influx” of immigrants arriving in the United States, invoking existing laws to request additional immigration enforcement assistance from state and local law enforcement.

Protecting the Meaning and Value of American Citizenship (January 20, 2025): Interprets the 14th Amendment of the US Constitution to not convey birthright citizenship to children born on US soil if a parent is not a US citizen or lawful permanent resident (LPR) at the time of their birth.

• This order has been blocked by a federal court until February 6, 2025. Multiple other lawsuits are also pending.

Securing Our Borders (January 20, 2025): Commits administration to “marshal all available resources and authorities to stop th[e] unprecedented flood of illegal aliens into the United States” and lays out overarching policy commitments.

• DHS has announced the reinstatement of the 2019 Migrant Protection Protocols. We continue to actively challenge the initial implementation of MPP in court.

Declaring a National Emergency at the Southern Border of the US (January 20, 2025): Invokes the National Emergencies Act to declare a national emergency at the southern border of the US, based on the “invasion” of immigrants, and to authorize use of the Armed Forces and border wall construction.

Protecting the US from Foreign Terrorists and Other National Security and Public Safety Threats (January 20, 2025): Commits to enhanced security vetting of noncitizens applying to enter and already within the US, including recommendation of country-specific travel bans.

Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists (January 20, 2025): Establishes a process for identifying cartels and similar organizations as terrorist organizations. Commits US to ensuring “the total elimination of these organizations’ presence in the United States” and eliminate their extra-territorial threats to the US.

Guaranteeing the States Protection Against Invasion (January 20, 2025): Declares an invasion at the US southern border under Article IV, Section 4 of the US Constitution and suspends the physical entry of “aliens involved in an invasion” until the President concludes that the invasion is over.

• Declaring a false “invasion” may set the stage for attempted invocation of the Alien Enemies Act. Learn more here.

Realigning the United States Refugee Admissions Program: Suspends the US Refugee Admissions Program (USRAP) unless and until the President determines that the entry of refugees into the United States through USRAP is in the interests of the United States.

Clarifying the Military’s Role in Protecting the Territorial Integrity of the US: Orders the Armed Forces to prioritize border security.

ADDITIONAL ORDERS AND ACTIONS IMPACTING IMMIGRANT RIGHTS AND IMMIGRATION POLICY

Restoring the Death Penalty and Protecting Public Safety: Requires the Attorney General to seek the death penalty for any capital offense committed by an undocumented person in the United States.

Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government: Establishes policy of the US to recognize only two sexes, male and female.

America First Policy Directive to the Secretary of State: Declares that the new foreign policy of the US is to “champion core American interests and always put America and American citizens first.”

America First Trade Directive: Establishes a new US trade policy that purports to prioritize benefits to the United States.

Initial Rescissions of Harmful Executive Orders and Actions: Revokes a range of Biden administration Executive Orders.

Oregon Worker Relief Rundown in Spanish: Here.

Full analysis of Day One Executive Orders available here: