The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide an analysis of the election’s impact on the U.S. immigration system.
When President Trump took office for his second term on January 20, 2025, he issued a series of immigration-related executive orders and proclamations that quickly restructured the U.S. immigration system. These executive orders impact nearly every aspect of a complex and demanding system. Most of the policy changes introduced by these measures are framed as instructions to federal departments. But their language also aims to incite fear and test the limits of executive authority.
The order has a broad, sometimes overlapping agenda aimed at increasing detentions and deportations, restricting overall immigration to the United States, punishing “sanctuary” cities and states, and ending access to humanitarian protection. It also covers everything. They include dehumanizing language and overly broad generalizations to justify new uses of immigration, military, and terrorism laws.
Below we detail some of the changes made by these executive orders and proclamations.
Enlisting Military Cooperation to Support President Trump’s Immigration Policy
President Trump has declared a national emergency at the southern border. The declaration frees up military resources, including human resources and operational support, to erect physical barriers and gain “operational control” of borders. The term “operational control” dates back to the Secure Fence Act of 2006, which refers to the “prevention of all illegal entry into the United States, including the entry of terrorists, other illegal aliens, terrorist instruments, narcotics, and other contraband into the United States.” is defined as. ” Given the impracticality of such a task, no president has ever lived up to the burden.
The alarming content of this declaration is that within three months the Department of Defense (DOD) and Department of Homeland Security (DHS) will have to decide whether to invoke the Insurrection Act to gain operational control of the border. Seeking recommendations. This law authorizes the president to send troops into the United States in certain circumstances. It is unclear to what extent these authorities could be used to crack down on civilian immigration, but combined with an “operational control” mission, the Trump administration could have considerable discretion in how it decides to use the military. There is.
Aggressive Expansion of Immigration Enforcement and Detention
As President Trump seeks to fulfill his promise of mass deportations, the executive order directs DHS to expand the infrastructure needed to prioritize arrest, detention, and deportation. One of the orders calls for expanding the expedited deportation process known as “expedited removal,” which has typically been used only at the border, to the interior of the United States. This process allows immigration officials to order a person to be deported without giving them an opportunity to meet with an immigration judge. In fact, on January 21, just one day after the executive order was issued, the acting DHS director announced that the Acting Director of DHS would be able to expeditiously enforce enforcement even on noncitizens who violate immigration laws anywhere in the United States and are not in the United States continuously. A notice was issued to expand the evictions. More than 2 years. Undocumented immigrants have the burden of proving they have been here longer.
The order also calls for the hiring of new Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents. It also directs DHS to enter into new contracts with detention centers and “allocate all available resources to detention.” The federal government is currently funding DHS to build 41,500 detention beds, and ICE has already announced plans for several new facilities with 10,000 beds. To expand the scope of ICE enforcement, the order calls for expanding the number of 287(g) agreements that allow local police to enforce civilian immigration laws.
The Trump administration also aims to punish “sanctuary” cities, counties, and states that choose to limit the use of local resources for federal immigration enforcement. Specifically, the order directs DHS and the Department of Justice to “evaluate and take all legal actions” to prevent these jurisdictions from accessing federal funds.
Indefinitely suspends U.S. protections for people fleeing harm
Two of the most far-reaching changes are the indefinite suspension of immigration at the U.S.-Mexico border and the U.S. refugee admissions program.
In one order, President Trump declares that the “current situation at the southern border” constitutes an “invasion” as described in certain provisions of the U.S. Constitution. This interpretation is very nuanced because the constitutional provision refers to foreign governments rather than people fleeing danger. Nevertheless, based on the broad powers granted to the president in the context of “invasion” and under section 212(f) of the Immigration and Nationality Act, President Trump has He ordered an immediate stop. The number of people who crossed the U.S.-Mexico border and “participated in the invasion.” In fact, the border encounter rate is the lowest since July 2020, given the restrictions the Biden administration has already put in place. The order also suspends the entry of immigrants who cannot willingly provide sufficient information about their medical and criminal histories.
In a second broad executive order entitled “Securing the Border,” the president calls for an immediate suspension of the CBP One mobile app that allowed immigrants to schedule appointments to appear at U.S. ports of entry. News outlets reported that the app became unavailable on January 20, just hours after Trump’s inauguration, and that all future plans were cancelled. This left about 270,000 people with appointments or waiting for appointments stranded near ports of entry on the U.S.-Mexico border. Because of other restrictions imposed by the Biden administration last year, CBP One has been the main way for immigrants to apply for asylum. Without the app, there would be no mechanism for asylum-seekers to request protection from U.S. authorities at the southern border.
In the same order, President Trump is calling for the re-implementation of the Remain in Mexico program, which requires asylum seekers to wait in Mexico while their removal is processed. Mexican President Claudia Sheinbaum has indicated that she does not oppose the plan. Between 2019 and 2021, when this program was previously implemented, Human Rights First reported that Documented more than 1,500 incidents.
In a separate executive order, the president will suspend the U.S. refugee admissions program indefinitely. This means that tens of thousands of refugees who have been tested for years must continue to live in dangerous conditions abroad. The suspension is scheduled to begin on January 27, 2025, but news outlets report that flights for 1,660 Afghan refugees approved for resettlement have already been canceled. Labeling the program “detrimental” to the United States, the order mandates a 90-day periodic review to determine whether the program should be restarted, but does not indicate that it is “in the interests of the United States.” The president has the discretion to restart the plan if it suits his needs. ”
President Trump also took initial steps toward a broader travel ban in a separate executive order. The order calls for a two-month review process to identify countries with “insufficient” screening and testing information, and imposes partial or complete travel bans on all citizens from those countries. may be subject to.
attack the lives of illegal immigrants
The executive order calls for policies aimed at instilling fear in immigrant communities, even though many are difficult to implement. For example, one order relies on a rarely enforced section of immigration law that requires all noncitizens to register with the federal government. Although this provision has been in law since the 1940s, it has never been fully enforced and there is no formal way to register it. However, if found guilty of “deliberately” failing to do so, they could be fined up to $1,000 or imprisoned for up to six months. Most illegal immigrants are unregistered and can easily face criminal prosecution.
It also directed the Director of the Office of Management and Budget to “identify and cease” providing public benefits to illegal aliens. However, illegal aliens are not eligible for most public benefits. This appears to be aimed at instilling fear in mixed-status families about applying for public assistance.
Reducing legal recourse
The Trump administration also targeted legal immigration channels. Two orders called for an immediate end to the “categorical” parole program. As of January 21, 2025, the only suspended parole program is that of Cuba, Haiti, Nicaragua, and Venezuela (CHNV). CHNV benefited approximately 530,000 people as of December 2024. The program was successful in discouraging people from traveling to the southern border to seek protection. It is unclear how other parole programs will be affected by this order, such as the program for Afghan nationals, Unity for Ukraine, and Military Parole.
While there is no immediate impact on those designated with Temporary Protected Status, one order calls for a review of the scope and duration of the decision.
Additionally, the order, titled “Protecting the Meaning and Values of American Citizenship,” prohibits the stripping of birthright citizenship from children unless at least one parent is a U.S. citizen or lawful permanent resident. The purpose is The order directs federal agencies to no longer issue passports or other documents proving U.S. citizenship to these children starting Feb. 20. The order is based on the specious theory that the Fourteenth Amendment, which grants birthright citizenship, does not apply to illegal aliens. Several lawsuits have already been filed against the order, including one from the ACLU and 24 states. On January 23, a Washington District Court judge temporarily blocked the order, calling it “blatantly” unconstitutional.
A narrow view of the value of immigrants
Most of the orders direct U.S. federal agencies to review their current policies and bring them into line with established principles, but some have already resulted in immediate and permanent changes. Broadly speaking, they present a hostile and narrow view of the role of immigrants in our society. Through them, the administration is redefining America to exclude everyone from asylum seekers crossing the border to children born next month to parents on temporary visas. Nevertheless, we know that despite these harmful policies, the vast majority of immigrants are good, hard-working people who simply want to continue contributing richly to our society. I know.
