Publication | Executive Actions Monitor

    Executive Actions Affecting Immigration

    2025 Presidential Actions
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    These executive order (EO) summaries are based on a cursory review; our lawyers and policy professionals continue to analyze these documents, and the directives they contain. Among other things, some of the directed actions may present significant constitutional questions that could be litigated and subsequently overturned or blocked.


    February 19, 2025

    Ending Taxpayer Subsidization of Open Borders

    An EO directing several actions to ensure full enforcement of the Personal Responsibility and Work Opportunity Reconciliation Act, which generally prohibits illegal aliens from obtaining most taxpayer-funded benefits. A fact sheet on the EO can be found on the White House website.
     
    January 29, 2025

    Expanding Migrant Operations Center at Naval Station Guantanamo Bay to Full Capacity

    An EO directing the expansion of the Migrant Operations Center at Naval Station Guantanamo Bay to provide additional detention space for high-priority criminal aliens unlawfully present in the US, and to address attendant immigration enforcement needs.
     
    January 20, 2025

    Declaring a National Emergency at the Southern Border of the United States

    A proclamation declaring a national emergency at the southern border of the US. Broadly, the proclamation unlocks emergency powers to stem the flow of migrants and illicit narcotics across the southern border, including authorizations for use of military resources and personnel to assist in efforts to obtain control of the border; construction of physical barriers along the southern border; waiver of restrictions on the Department of Homeland Security’s (DHS) ability to counter unmanned aerial systems near the border; and all appropriate actions to prioritize stopping unauthorized physical entry into the US. The EO also revokes President Biden’s EO terminating the border emergency and halting the redirection of funds to border wall construction. A fact sheet on the proclamation can be found on the White House website.
     
    January 20, 2025

    Securing Our Borders

    An EO calling for the use of all available federal resources to secure the southern border and improve efforts to deter entry of, detain and remove illegal immigrants in the US. The EO ends “catch-and-release” policies; reinstates “Remain in Mexico” policies subject to practicability; tightens parole policies, including by eliminating use of the Customs and Border Protection (CBP) One application and terminating categorical parole programs; and orders the construction of a wall along the southern border. The EO also calls for facilitation of international cooperation and agreements consistent with the EO and US immigration law.
     
    January 20, 2025

    Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States

    An EO directing the US Armed Forces, specifically US Northern Command (USNORTHCOM), to take immediate and sustained action to secure the southern border by preventing unlawful mass migration, drug trafficking and other transnational criminal activities. It mandates the Secretary of Defense to revise operational plans and provide ongoing assessments to ensure the sovereignty and territorial integrity of the US are maintained.
     
    January 20, 2025

    Realigning the United States Refugee Admissions Program

    An EO suspending the US Refugee Assistance Program (USRAP), effective January 27, 2025, until the President finds it is in the interest of the US to resume the program. The EO provides for exceptions on a case-by-case basis pursuant to a joint determination by the Secretaries of State and Homeland Security; requires a review of existing law to develop policies for involvement of state and local governments in resettlement decisions in their jurisdictions; and requires a report from the Secretaries of State and Homeland Security within 90 days and recurring thereafter on whether resumption of USRAP is in the national interest. The EO also revokes President Biden’s EO on refugee program enhancements related to climate change and migration.
     
    January 20, 2025

    Protecting the Meaning and Value of American Citizenship

    An EO rejecting interpretations of the 14th Amendment that extend citizenship to all individuals born on US soil and restricting access to birthright citizenship, declaring that only the children of at least one parent who is a US citizen or lawful permanent resident are eligible for automatic citizenship by birth. The EO directs federal agencies not to issue documents affirming citizenship, including social security numbers or passports or accept related documents from state or local jurisdictions to children deemed ineligible for birthright citizenship under the EO.

    Note: This EO is subject to a nationwide injunction as of January 23, 2025.
     
    January 20, 2025

    Protecting the American People Against Invasion

    An EO directing numerous federal actions to enhance enforcement of US immigration laws, bolster the immigration enforcement workforce and undertake efforts to identify, detain and remove illegal aliens present in the US. The EO revokes four Biden-era EOs related to immigration and border policies and directs federal agencies to rescind guidance and policies developed in accordance with the revoked EOs, as well as develop guidance to facilitate and prioritize immigration enforcement. It mandates establishment of Homeland Security Task Forces (HSTFs) in all states to focus on illegal immigration, smuggling and trafficking, and other cartel and gang activity. The EO directs adoption of federal policies and procedures to encourage voluntary departure; authorizes imposition of sanctions against countries that refuse to accept their deported nationals; and calls for a prohibition on federal funding for sanctuary jurisdictions. It also calls for action to identify and halt unauthorized provision of public benefits to illegal aliens.
     
    January 20, 2025

    Guaranteeing the States Protection Against Invasion

    A proclamation affirming the authority to enforce borders as inherent to a nation’s sovereignty, declaring the situation at the southern border to be an invasion of the US, outlining legal justifications for presidential authority over actions to secure the US border and preventing the entry of certain immigrants into the US. The proclamation suspends entry of immigrants through the southern border, restricts the ability of immigrants to invoke provisions of US law that would permit their continued presence in the US, prohibits entry of immigrants who fail to provide sufficient medical and criminal history information and authorizes the Department of Homeland Security (DHS) to cooperate with federal agencies on actions to remove or repel immigrants at the southern border. A fact sheet on the proclamation can be found on the White House website.
     
    January 20, 2025

    Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists

    An EO directing the Secretary of State to recommend the designation of “any cartel or other organization” as a Foreign Terrorist Organization and/or a Specially Designated Global Terrorist within 14 days of the date of the order. The EO also directs the Attorney General and Secretary of Homeland Security “to prepare such facilities as necessary to expedite the removal of those who may be designated” under the EO, including any unnaturalized persons living in the US who may become liable to be apprehended, restrained, secured and removed as alien enemies, under the Alien Enemies Act.