President Trump signed a flurry of executive orders on immigration on his first day in office, taking a number of actions that would severely restrict immigration while driving a greater military presence at the border.
The actions make major cuts to pathways to reach the U.S. — including the broadly supported refugee program for those fleeing danger and persecution.
They also seek to jump-start some of the more controversial programs from his first term in office, reigniting the “Remain in Mexico” program and another linking local law enforcement with immigration authorities.
Some of the orders themselves are sure to be challenged in court, particularly one that seeks to undercut citizenship for all people born in the United States.
“As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do,” Trump said in his inaugural address.
But Rep. Bennie Thompson (D-Miss.) the top Democrat on the House Homeland Security Committee, said Trump had scrapped a number of policies that brought border crossings lower than they were under the first Trump administration.
“With this barrage of executive orders, President Trump wants Americans to think he is fixing the border — but he is doing nothing of the sort,” he said in a statement.
“Sadly, today’s executive actions seem designed to inflict cruelty on vulnerable populations to fear-monger and falsely claim he’s taking serious action on the border.”
Ending birthright citizenship
Trump said he would end birthright citizenship for children born to undocumented people living in the U.S. — a provision that runs afoul of a constitutional guarantee.
The order asserts that the 14th Amendment “has never been interpreted to extend citizenship universally to everyone born within the United States.”
“I think we have good grounds, but you could be right,” Trump said when asked about the risk of legal challenges. “We’re the only country in the world that does this with birthright, as you know. And it’s just absolutely ridiculous. But you know, we’ll see. We think we have very good grounds.”
Over 30 other nations have unrestricted birthright citizenship rules like the U.S.
The Trump administration seemed to acknowledge issues with the order earlier Monday.
“On a prospective basis, the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,” a Trump official said on a call with reporters.
The American Civil Liberties Union sued over the policy moments after it was announced.
“Talk of rescinding birthright citizenship is just that: Talk,” Thomas Wolf, a constitutional law expert, wrote on social media.
“Presidents can’t rescind it, because the Constitution expressly guarantees it. The Constitution’s text reflects a basic American principle: Being born here comes with citizenship. Any executive order won’t survive the court fights.”
The Congressional Hispanic Caucus firmly denounced the measure, calling it a political stunt.
“‘All persons born or naturalized in the United States, and subject to the jurisdictions thereof, are citizens of the United States.’ That is a direct quote from the 14th Amendment to the United States Constitution,” the caucus said in a statement.
“Birthright citizenship has been a critical driver of our country’s economic success, enabling millions to contribute as workers, business owners, and taxpayers. Stripping this constitutional right would create a permanent underclass and destabilize our workforce.”
Pausing refugee admissions
Trump signed an order titled, “Realigning the United States’ refugee admission program to better align with American principles and American interests,” which effectively pauses refugee admissions for a minimum of three months.
The order calls for the Department of Homeland Security and State Department to issue a report within 90 days detailing whether it’s in the nation’s interests to resume the admission of refugees.
The secretaries of Homeland Security and State will submit a report every 90 days until it is found that it is appropriate to resume refugee admissions, the order states. Until then, refugee admissions will remain suspended.
“The refugee program is not just a humanitarian lifeline through which the U.S. has shown global leadership. It represents the gold standard of legal immigration pathways in terms of security screening, community coordination, and mutual economic benefit,” said Krish O’Mara Vignarajah, President and CEO of Global Refuge, which helps resettle refugees.
“The US Refugee Admissions Program was designed and ameliorated over four decades precisely to address the concerns used to suspend it today.”
During the first Trump administration, refugee admissions plunged from 85,000 under the Obama administration to 11,800 in Trump’s last year in office. While the final year saw the impacts of COVID, the two years prior the country saw refugee admissions hover around 25,000.
Designating certain cartels as Foreign Terror Organizations
Trump made good on his campaign pledge to designate certain drug cartels as foreign terrorist organizations, a move that is specifically aimed at groups like MS-13 and Tren de Aragua.
By designating cartels as foreign terrorist organizations, it would allow authorities to more easily arrest and deport convicted members, as well as prosecute those who aid the cartels.
“That’s a big one,” Trump said as he signed the order. “People have wanted to do this for years…Mexico probably doesn’t want that. But we have to do what’s right.”
While Trump’s comments and much of the order focus on cartel issues in Mexico, many of the groups cited are not present in that country.
Tren de Aragua and MS-13 are gangs that mostly operate in South and Central America.
The order also floats possible usage of the Alien Enemies Act, which allows for the detention or swift deportation of citizens of designated countries based only on their nationality.
It’s a detail sure to alarm critics, as the law has been abused in the past, including as the basis for Japanese internment in World War II. Immigration advocates say it opens the door to targeting a migrant based solely on their country of origin.
National emergency proclamation and increasing military presence at the border
Trump on Monday evening signed a proclamation declaring a national emergency at the southern border of the United States, a move that will mobilize additional resources to the region.
The declaration will allow the Trump administration to deploy Pentagon forces and resources to help complete construction of the border wall. An incoming White House official told reporters they could not specify how many troops might be sent to the border and that it would be up to the Defense Department.
The same order also allows for greater military surveillance at the border, including the use of unmanned aerial systems.
“Because of the gravity and emergency of this present danger and imminent threat, 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,” the order states.
Another order also seeks to lay the groundwork for greater military presence at the border, writing that it is “essential that the Armed Forces staunchly continue to participate in the defense of our territorial integrity and sovereignty.”
Southern border actions
Another one of the orders Trump signed on Monday night included a broad array of actions intended to crack down on the flow of migrants at the U.S.-Mexico border, including by reinstating the “Remain in Mexico” policy.
“Remain in Mexico,” formally known as the Migrant Protection Protocols, requires individuals to await asylum proceedings in Mexico, regardless of their country of origin. BUMPED THIS UP
The order includes calls for construction of a physical barrier along the southern border, as well as the deployment of “sufficient personnel along the southern border of the United States to ensure complete operational control.”
The document outlines that the Department of Homeland Security should issue new policy guidance or propose new regulations to require detaining those who enter the country illegally rather than releasing them until their court date.
The order also calls for the attorney general and Homeland Security secretary to “prioritize the prosecution of offenses that relate to the borders of the United States,” including smuggling and trafficking operations.
And it revokes a parole program established under the Biden administration for Cubans, Haitians, Nicaraguans and Venezuelans.
That program allowed citizens of those countries to enter the U.S. for up to two years if they were able to secure a financial sponsor — a policy allowing them to be paroled into the country, curbing the number of border crossings.
An order deeming migration an “invasion”
This order includes a number of provisions targeting those in the country unlawfully.
The order also seeks to boost detention capacity in the U.S. to house migrants — something that comes as Trump has argued migrants should not be released into the country while awaiting determinations on their immigration status.
“The Secretary of Homeland Security shall promptly take all appropriate action and allocate all legally available resources or establish contracts to construct, operate, control, or use facilities to detain removable aliens,” the order states.
The order directs the attorney general and others to “prioritize the prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of aliens in the United States.”
It also kick-starts the controversial 287(g) program that partnered local law enforcement with immigration officials to help identify undocumented migrants.
It encourages greater scrutiny of so-called sanctuary cities, though it’s unclear what power the federal government has to combat such cities.
It asks all immigrants to comply with a law requiring that they register their presence and also creates Homeland Security Task Forces in each state.
This order revokes Biden-era orders that directed the government to address the “root causes of migration” and another that created a family reunification task force to reconnect families separated by the first Trump administration.
A separate order, titled, “Guaranteeing the states protection against the invasion,” deems the flow of migrants at the southern border an “invasion” and invokes presidential authority to effectively suspend the entry of migrants into the country.
“The President’s inherent powers to control the borders of the United States, including those deriving from his authority to control the foreign affairs of the United States, necessarily include the ability to prevent the physical entry of aliens involved in an invasion into the United States, and to rapidly repatriate them to an alternative location,” the order states.
An order enhancing vetting and screening
Trump signed an order that called for increased vetting and screening of migrants entering the United States, citing national security concerns.
“To protect Americans, the United States must be vigilant during the visa-issuance process to ensure that those aliens approved for admission into the United States do not intend to harm Americans or our national interests,” the order states.
The order calls for ensuring those admitted into the United States “do not bear hostile attitudes” toward American citizens or values.
It also calls for the secretary of State, secretary of Homeland Security, attorney general and director of national intelligence to submit a joint report within 60 days identifying countries that require increased screening efforts and identifying how many individuals from those countries were admitted into the U.S. during the Biden administration.
Trump on the campaign trail repeatedly told exaggerated and misleading stories about Venezuela, the Democratic Republic of the Congo and other nations emptying their prisons and sending dangerous criminals to the United States.
