Summary of Executive Orders and Other Actions on Immigration

February 2025

Summary of Executive Orders and Other Actions on Immigration

The following is a summary of executive orders and other actions on immigration taken by the Trump administration, including a short analysis of their impact. The titles of the orders were given by the administration. This is not an exhaustive list, but highlights the most impactful actions.

Executive Orders:

1.”Executive Order Protecting the Meaning and Value of American Citizenship.”  This executive order alters the long-standing policy of birthright citizenship in the US Constitution in the 14th Amendment.  The order denies birthright citizenship to children of  1) two undocumented parents; 2) a mother unlawfully present and a father who was not a US citizen or permanent resident at the time of the child’s birth; and 3) a mother with temporary legal status and a father who was not a US citizen or permanent resident at the child’s birth.   The policy takes effect 30 days after issuance and applies to children born on or after February 20, 2025.

Comment.  Should the order go into effect, documentation issued at the time of the child’s birth would not include a certificate of citizenship.  This order has been challenged in five federal courts by 22 states, and a federal court in Seattle, WA., has placed it on hold until February 6.  It would create a large class of stateless persons in the country and increase the number of undocumented. 

2.”Executive Order Protecting the American People Against Invasion.” This executive order repeals the enforcement priorities of the Biden administration, which prioritized violent criminal aliens, and replaced them with all undocumented immigrants as priorities, including those who committed illegal entry, have undocumented presence, or have final orders of removal.   

The order also expands expedited removal to the interior of the country for those who arrived within the last two years and calls for the detention of everyone until their cases are resolved.  The order also assesses penalties to anyone who facilitates the presence of anyone who is undocumented.

The order calls for DHS and the Attorney General to deny federal funding to “sanctuary jurisdictions” and for the expansion of federal-local agreements under 287g, which authorizes local law enforcement to enforce immigration law.  It also orders the review of federal funding of all non-profit organizations to determine if they are facilitating irregular migration.

Finally, it limits the use of humanitarian parole, Temporary Protected Status, employment authorization, and public benefits to existing statutory requirements.

Comment.  This order lays the groundwork for a mass deportation campaign by expanding the powers of federal immigration law enforcement and authorizing state and local law enforcement to join in the mass deportation campaign.  It assesses penalties against anyone who facilitates irregular migration and threatens non-profit groups, including Catholic agencies, which provide services to undocumented immigrants, even if they do so in cooperation with federal law enforcement.  

By deputizing state and local law enforcement, the order risks an increase in racial profiling, as constitutional violations have been committed by them in the past. 

3.”Executive Order Securing Our Borders.”  This executive order authorizes the construction of a border wall and barriers along the US-Mexico border, restarts the Migration Protection Protocols, or “Remain in Mexico” program, ends the CBP App, used to schedule asylum appointments, and ends humanitarian parole programs, including the Cubans, Haitians, Nicaraguan, and Venezuelan (CHNV) program.  It also ends the use of “catch and release” program, which allows asylum-seekers to await their hearings in the community.

Comment.  Resumption of construction of the border wall will depend on if Congress appropriates funding, likely through a reconciliation bill.  The elimination of CBP App and the CHNV program could lead to an increase in irregular crossings and the end of the release program would require an increase in detention space, as everyone would need to be detained.

4.”Executive Order Declaring a National Emergency at the Southern Border.”  This executive order authorizes the use of the Department of Defense (DOD) resources and personnel at the US-Mexico border, for purposes of supporting DHS with mass deportations, including detention capacity, border wall construction, apprehensions, and other operations.  It is based upon the National Emergencies Act, which is usually invoked in the rare case of a security threat from another nation.

Comment.  The order puts into question whether military forces can be used for deportation purposes under the Immigration and Nationality Act (INA), which authorizes immigration enforcement to conduct deportation operations.  President Trump has already ordered 15,000 troops to the US-Mexico border, although it is unclear what exact role they will play.

5.”Executive Order Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.”  This order reviews vetting procedures for foreign nations, and within 60 days issues a report on countries that have insufficient vetting procedures, including Muslim-majority countries.  It sets the stage for increased vetting procedures and the imposition of partial or total travel bans on certain countries without focusing solely on Muslim-majority nations.  Resources will also be directed toward a “denaturalization” process for certain naturalized US citizens.

Comment.  The order sets the stage for travel bans for certain countries and increased vetting procedures for immigrant visas from certain countries.  It insulates the administration from court challenges to a travel ban against certain nationalities or religions.  

6.”Executive Order Guaranteeing the States Protections Against Invasion.”  This order invokes INA 212(f) to suspend all border entries, including asylum-seekers, effectively ending asylum at the US-Mexico border. It also prevents entry to anyone who could be considered a threat to public health, which is assumed if they do not or cannot produce medical or criminal background information.  

Comment.  The order depends heavily upon 212(f), which cannot conflict with the legal requirement of providing asylum at the border, although current law requires an opportunity to apply for asylum.  It also is based on a false premise that irregular migration constitutes an “invasion” of states and local communities.  On February 3, several immigrant advocacy groups sued the Trump administration over the order, arguing that it violates federal law to deny asylum to asylum-seekers.

7.”Executive Order Realigning the United States Refugee Admissions Program.”  This order halts the US Refugee Program , which allows for the resettlement of refugees into the United States.  The program will be suspended “upon further notice.”  10,000 refugees who had been vetted and were ready to travel were unable to travel, leaving them in danger.  The first Trump administration also halted the program for three months, then proceeded to resettle the lowest number of refugees ever in the last year of its term.  

Comment.  The Biden administration was able to restore the US refugee program to health following the first Trump administration, resettling over 100,000 refugees in its last year.  It is unclear whether it is the intent of the second Trump administration to kill the program altogether.  There has not been a security breach in the program, as refugees go through the tightest security screenings of any entrant to the US.

Other Executive Actions

Stop Work Order for the US Refugee Program.   On January 24, a “stop work” order was sent to refugee resettlement organizations requiring them to stop providing services to refugees recently resettled in the US.  The groups provide housing, employment, and material needs assistance to refugees in local communities.

Comment.  This work stoppage impacts as many as 32,000 refugees who have entered the United States and are eligible for housing and employment assistance from refugee resettlement groups.  It could result in homelessness and food insecurity for this population.

Shut Down of Safe Mobility Offices.  On January 23, the Department of State shut down “Safe Mobility Offices” (SMOs) in Latin America, where migrants could apply for legal entry into the US based on refugee status, family ties, work visas, and other legal avenues.  

Comment.  The SMOs were credited for resettling a larger number of refugees from Latin America through the US resettlement program and deterring irregular migration.  SMOs existed in Colombia, Costa Rica, Ecuador, and Guatemala.

DHS expands expedited removal to the Maximum Extent Authorized by Statute.  Through notice in the Federal Register on January 21, the Department of Homeland Security (DHS) expanded expedited removal to the interior of the country, rescinding a Biden directive limiting it to within proximity (200 miles) of the US-Mexico border.  Expedited removal allows for the immediate removal of an alien who has not been physically present in the US continuously for two years and has not been admitted or paroled into the US, bypassing the removal process.

Comment.  This action permits ICE and CBP officers to remove undocumented immigrants anywhere in the country without them appearing before an immigration judge, unless they request and pass a credible fear test.  It facilitates mass deportations across the country, increasing the risk that bona fide asylum-seekers could be sent back to their persecutors.

Recission of Guidelines for Enforcement Actions in or near Sensitive Locations.  On January 21, DHS rescinded Guidelines for Enforcement Actions in or Near Protected Areas, issued on October 21, 2021, which prohibited immigration enforcement actions at or near schools, hospitals, and houses of worship. The memo instructed ICE and CBP agents to use their discretion and “common sense” in conducting enforcement actions in these areas, and invited ICE and CBP to offer further guidance of their own.  

Comment.  This change in policy could “chill” immigrants from attending school, receiving needed medical care, and practicing their religion.  It allows ICE officers to enter these formerly protected areas to arrest and deport immigrants, including during a religious service. This new policy has been decried by faith leaders.

Border Patrol agents directed to halt “notices to appear” and “release on recognizance”.    Communicated on January 21, this action essentially ends the catch and release policy, which allows migrants to await their hearings in local communities.  The question is where DHS will house migrants, absence the construction of more detention centers.

Comment.  This action will require the increase in detention space, as ICE currently can only house 40,000 persons a day.  Trump has stated he may use military facilities to detain migrants or create makeshift tent camps.

Group Humanitarian Parole ended.  On January 21, DHS ended the use of humanitarian parole for groups, including the Cuban-Haitian-Nicaraguan-Venezuelan (CHNV) parole program, limiting parole to a case-by-case basis.  The Biden administration used the power broadly, bringing in Ukrainians, Afghans, Cubans, Haitians, Nicaraguans, and Venezuelans who were designated as parolees.  The beneficiaries of the CHNV program can now be subject to deportation.  Trump also suspended the “United for Ukraine” parole program, which has allowed over 150,000 Ukrainians to enter the US.

Comment.  This action leaves vulnerable to deportation as many as 500,000 CHNV beneficiaries who entered the country legally and have otherwise obeyed the law, potentially sending them back to dangerous situations.  It is unclear whether Afghans and Ukrainians who benefited from humanitarian parole will be subject to deportations.

CBP ends the use of the CBP App.  On January 21, US Customs and Border Protection (CBP) updated its website to end the use of the CBP App, which allowed migrants to schedule asylum interviews at ports of entry.  Migrants using the App received a cancellation notice for their appointments.

Comment.  Tens of thousands potential asylum-seekers who had waited months for an asylum interview will now not receive one, leaving them in limbo in Mexico.

Administration denies extension of  Temporary Protected Status for Venezuelans.  On January 30, DHS Secretary Kristi Noem rescinded an 18-month extension of Temporary Protected Status issued in early January for 600,000 Venezuelans already in the country.  TPS for over half of the population ends in April, while the remainder will lose protections in September.

Comment.  TPS for Venezuela was based on the conditions in Venezuela, in which the regime of Nicholas Maduro has driven as many as 7 million Venezuelans to other countries, with many being persecuted.  Venezuela agreed to receive deportees on February 1, after the visit of a US envoy to Venezuela—the first time the US government has in any form recognized the Maduro government.  In justifying her decision,  Noem erroneously stated that the conditions for which TPS was invoked for Venezuela “no longer exist.”

Enactment of the Laken Riley Act.  On January 29, President Trump signed the Laken Riley Act into law.  The new law, named after a Florida nursing student killed by an undocumented immigrant, requires law enforcement to detain any undocumented immigrant who has committed a minor crime, such as shoplifting, forbidding any bond or parole.  It also permits state governments to sue the federal government on the basis that they had not enforced immigration law and a similar crime occurs.

Comment.  According to legal experts, this law will result in an increase in detention, clogging of immigration courts, and unwarranted legal attacks on the federal government, slowly wrestling the control of immigration enforcement from the federal government.

The Use of Guantanamo Naval Base, Cuba, for the detention of violent felon undocumented immigrants.  President Trump announced on January 29 that as many as 30,000 undocumented immigrants who have committed violent crimes–”the worst of the worst”–would be held at Guantanamo Bay, Cuba, naval base.   

Comment. DHS intends to expand capacity at the base, where foreign terrorists have been held and which has a reputation for mistreating prisoners.  Particularly targeted are immigrants whose countries of origin will not accept them, leaving the prospect that they could be indefinitely detained.