Following his inauguration, President Trump signed several executive actions, ranging from climate and energy polices to immigration. As expected, Trump immediately reversed several Biden administration immigration policies. Further, executive actions were signed to limit birthright citizenship among others. Legal action is expected. Below is a list of each executive action regarding immigration.

Invasion at the southern U.S. Border

By declaring an invasion at the border, physical entry to the U.S. is stopped. This includes admission for asylum seekers, effectively suspending the program. Until Mr. Trump declares an end to the invasion, the border and asylum remain closed. Individuals seeking entry on public health grounds will not be admitted without providing medical proof and valid background and criminal history information.

Further, the secretary of the Department of Homeland Security (DHS), the attorney general, and the secretary of state are authorized to take appropriate actions to “repel, repatriate, or remove” noncitizens considered part of the invasion.

State of emergency at the southern U.S. Border

With this action, U.S. military forces and members of the National Guard can be deployed to the border. They will be charged with assisting the U.S. Department of Homeland Security (DHS) with border security and resume building the border wall. Detention space and repatriation flights are to be provided as required.

Border Security

In this order, adding border barriers including the border wall are prioritized. Individuals found to be in violation of U.S. immigration policy are to be detained while awaiting removal. Individuals will not be released to their communities while waiting for legal actions. In addition, the Migrant Protection Protocols program, better known as the Remain in Mexico program, is resumed. Asylum seekers must wait in Mexico until their immigration court hearings. This policy has been the topic of ongoing legal actions, some of which are still pending.

End to CHNV Parole Program

With the border security action, the parole program for qualifying individuals from Cuba, Haiti, Nicaragua, and Venezuela, is ended. In this program, vetted U.S. sponsors supported approved individuals from these countries to temporarily come to the U.S. with employment authorization for a two-year period. The CHNV parole program website page has been removed.

Birthright Citizenship

An executive order was signed that challenged the Fourteenth Amendment, or birthright citizenship. Mr. Trump’s action states children born in the United States to parents without a legal status do not qualify for birthright citizenship. The Fourteenth Amendment states anyone “born or naturalized in the United States, and subject to the jurisdiction thereof,” is a U.S. citizen.

Mr. Trump’s executive action states children born to mothers without a legal status in the U.S. and whose fathers are not U.S. citizens or legal permanent residents at the time of birth do not qualify for U.S. citizenship status. Further, those with temporary legal status such as a student status or on a work visa at the time of the child’s birth are not considered citizens. Mr. Trump instructed federal agencies to stop issuing citizenship documents to these children.

Mr. Trump stated his administration is anticipating legal challenges but defended the position. The ACLU is one of many filed lawsuits following the signing of the action. In their filing, they state birthright citizenship is constitutionally guaranteed.

CBP One App Stopped

The CBP One app, introduced and used during the Biden administration to manage the flow of asylum-seekers to the southern border, is now inactive, with all related appointments cancelled. The app required asylum-seekers to either meet specific exemption to apply for asylum at the border upon arrival or access one of 1,450 daily appointments available solely through the app to complete the screening process. Attorneys for some immigrant legal service providers filed a request for an emergency hearing on the closing of the app.

Suspension of Refugee Admissions

Refugee admissions will be suspended January 27, 2025, per one of the executive orders signed by Trump. The DHS secretary and the secretary of state are authorized to admit refugees on a case-by-case basis if it is of national interest to the U.S. Further, only refugees who can “fully and appropriately” assimilate should be admitted. A report is to be submitted to Mr. Trump within 90 days as to whether refugee admission should resume. Additional reports are required every 90 days until the president determines refugee admissions should resume.

Cartels Identified as Terror Organizations

The secretary of state is authorized to recommend groups be designated as foreign terrorist organizations per one of the executive orders. Groups who pose an extraordinary threat to the U.S. economy, foreign policy, or national security, qualify as terror organizations. The 1798 Enemies Act is noted as a potential act to leverage. Per that act, the executive branch is given special wartime powers to detain and remove citizens of countries identified as enemies of the United States if facing invasion.

Further the secretary of state is instructed to prepare operations within 14 days to support the 1798 Enemies Act. This includes expedited removal of anyone included in the order. Mr. Trump also noted military action in Mexico is possible as a result of identifying cartels in that country as terror organizations.

Enforcement Priorities

U.S. Immigration and Customs Enforcement (ICE) is ordered to prioritize prosecuting noncitizens in the United States for unauthorized entry or continued unlawful presence. This executive order directs ICE to adopt their mission as enforcing portions of the Immigration and Nationality Act that address illegal entry and unlawful presence.

The DHS secretary is ordered to allocate resources to build detention facilities to hold individuals in violation of legal status. Per the action, state and local governments are authorized to carry out federal immigration enforcement. Finally, DHS is directed to create policies that encourage unauthorized immigrants to immediately and voluntarily leave the country. If countries refuse to accept returning nationals, the secretary of state has the authority to sanction those countries.

 

As Mr. Trump has stated and reiterated many times, immigration is a key focus area of his presidency. ILBSG actively monitors ongoing updates to U.S. immigration, working with our clients in their specific situations to ensure they get the right advice with the current laws. Contact us if you have questions about any family-based or employment-based U.S. immigration matter.

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