Filed
3:00 p.m. EST
01.23.2025
The president’s actions move the federal government toward his promised hardline position. But some executive orders will face court challenges.
Detained people talk on telephones at the Adelanto Immigration and Customs Enforcement Processing Center in Adelanto, Calif., in 2019.
The first days of Donald Trump’s second term in office included a flurry of executive orders on immigration. The sweeping, and in some cases, unprecedented measures reflect Trump’s promises throughout the 2024 campaign to stake a hardline position on the issue. Some directives restored policies he pursued during his first presidential term, but others were new. The seismic shift is already creating fear and confusion in migrant communities across the country and for those seeking asylum.
Here are some of the key presidential actions and what they may mean.
Declared a national emergency at the southern border
This proclamation allows Trump to access federal funding for border wall construction and to deploy U.S. military personnel without congressional approval. Trump also declared an emergency at the border during his first term. But this time, the language is far more sweeping, calling for military deployment to stem what the order describes as an invasion by “cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics.”
In a separate but related proclamation, Trump ordered the armed forces to seal the borders and maintain the sovereignty and security of the United States. As of earlier Thursday, as many as 1,500 active duty troops were being dispatched to the region.
What those troops are ultimately tasked with is theoretically limited by the 1870s Posse Comitatus Act, which generally limits the use of regular federal troops for domestic policing purposes, including enforcing immigration law. Some legal experts have worried, however, that Trump might invoke the 1807 Insurrection Act to get around these safeguards. While Trump hasn’t invoked the Insurrection Act as of this week, the “border emergency” executive order commands the secretaries of defense and homeland security to submit a report to the president on whether or not to use it.
Restored “remain in Mexico” and pandemic-era public health measures
The Trump administration restored its 2019 “remain in Mexico” policy that requires that non-Mexican migrants seeking asylum at the southern border wait in Mexico for the resolution of their U.S. cases. Mexican President Claudia Sheinbaum indicated Tuesday that the country would accept returned noncitizen asylum seekers as a humanitarian gesture, despite her objections to the policy.
Trump also invoked a version of pandemic-era public health restrictions on migration, arguing that migrants do not provide border authorities with “comprehensive health information,” and therefore pose a public health risk.
Declared the end of birthright citizenship
Trump issued a proclamation that intends to deny citizenship to babies born in the U.S. when neither parent has permanent legal status. Most legal observers agree that birthright citizenship is enshrined in the 14th Amendment to the Constitution. Trump’s move was met with immediate legal challenges from Democratic state attorneys general and civil rights groups, who argued that the president lacks the authority to unilaterally alter the Constitution. A federal judge in Seattle on Thursday temporarily blocked the order across the country, ruling that it was “blatantly unconstitutional.”
Terminated the CBP One immigration app and humanitarian parole
Another executive order required the termination of the CBP One app, a program created by the Biden administration that allowed migrants to schedule appointments for legal entry into the U.S. while awaiting the outcome of asylum claims. Reuters reported Monday that migrants in Tijuana, Mexico, who already had appointments scheduled were shocked and in tears to learn that they’d been canceled.
That same order also suspended the humanitarian parole system that has allowed people from Cuba, Venezuela, Haiti and Nicaragua to legally enter the country as refugees. Since 2023, more than 500,000 have entered the country through the program. Unless the administration takes further action, those already here can stay until their parole expires.
Stripping away sanctuary
Trump also stipulated that federal officials take actions to ensure that sanctuary jurisdictions do not receive federal funding. The term sanctuary city or state is typically used to refer to places where local officials have pledged to limit their cooperation with federal immigration enforcement.
The Trump administration has warned officials not to resist crackdowns, but in some places, city employees are being told to block federal enforcement if they are not presented with a warrant — or even if they are presented with one.
Trump also issued new guidance to Immigration and Customs Enforcement officials, allowing them to conduct raids in sensitive locations like medical offices, schools and churches without clearing it with a supervisor. The more prohibitive guidance dated back to the Obama administration, and Trump had left it intact during his first administration. The new guidance has some undocumented people reconsidering whether to visit those locations.
No raids yet, but a new law to sign
The administration has not yet followed through on reported plans to conduct high-profile raids on migrant populations in major cities like Chicago and Denver. Trump’s “border czar” Tom Homan told the Washington Post that he was reconsidering the plan after details were leaked to the press in the days leading up to Trump’s inauguration.
Meanwhile, late Wednesday, the House voted to pass the bipartisan Laken Riley Act, a harsh immigration measure that will likely become the first bill Trump signs during his second term. The law would require the detention of all noncitizens who are charged with burglary, larceny, theft or shoplifting crimes. Current law requires the detention of noncitizens only when charged with serious felonies like human trafficking and murder. Civil liberties groups and immigrants have railed against the bill, saying it presents due process problems and will lead to racial profiling.
