Immigration Executive Order Analysis

The President of the United States manages the operations of the Executive branch of government through executive orders (EOs). After an executive order is signed, the White House sends it to the Office of the Federal Register (OFR) where it is published in the daily Federal Register. NETWORK's Government Relations team analyzes the Administration's executive orders for our supporters, advocates, and all concerned with the common good. As much as possible, our analysis includes changes to issued EO as well as certain executive actions (EA). This chart is current as of April 7.

We also have enhanced litigation details and updates a Click to see a more comprehensive EO and EA tracker that includes legal issues.

The Trump administration’s attacks on: Safe and welcoming neighborhoods

Before you read the Immigration EO chart, check out recent updates

in the

Trump administration…

  • Transformed southern border land into a massive military installation. The Administration gave the Pentagon control over a 60-foot strip of land along the border to install troops and military equipment to hold people and families seeking safety so that ICE may arrest them--effectively completing the militarization of the southern border.
  • Allowed the weaponization of confidential Social Security information. The IRS and DHS agreed to allow the use of confidential social security files for targeting immigrants. Already, the Social Security Administration (SSA) has declared 6,000 immigrants “dead,” leaving them unable to secure jobs, use banks and other financial services, or receive benefits, and exposing their personal information to the public.
in the

Courts

  • SCOTUS ordered the Trump administration to “facilitate” the return of a wrongfully deported Maryland father. Following the ruling, a lower court directed the Administration to outline specific steps for his return. To date, the Trump Administration has not complied and the president of El Salvador has said he will not send the man back.
  • All nine Supreme Court justices rejected the Trump administration’s attempt to use the Alien Enemies Act to transfer anyone it deems to be gang-affiliated to a notorious prison in El Salvador, finding that individuals are entitled to due process. However, the conservative majority held that plaintiffs must sue in the judicial district where they are detained, allowing the Trump administration to “forum shop” by detaining individuals in conservative states where the Administration is more likely to have a favorable ruling.
Executive Order or Action
Removing protections for transgender and nonbinary people: Requires that federal programs only recognize people as the gender they were assigned at birth. Bans transgender people from serving in the military. Removes protections for transgender and nonbinary individuals who already endure severe discrimination from all programs covered by the 1964 Civil Rights Act and other laws.
Pardons for offenses related to January 6: Blanket pardon for all individuals convicted of offenses, including violent offenses, during the January 6 assault on the U.S. Capitol. Signals that the Trump administration will accept political violence when violence promotes their interests.
Restoring the federal death penalty: Requires the death penalty for capital crimes committed by undocumented immigrants and crimes resulting in the death of a law enforcement officer. Requires harsh prison conditions for persons whose death sentences were commuted by President Biden and “encourages” additional state criminal charges against those individuals. Expands the use of the death penalty in the federal criminal justice systems and targets undocumented immigrants with the death penalty for any capital crime.
Contracting with private prison corporations: Rescinds Biden Executive Order barring the Justice Department from renewing contracts with private prison firms. Private prisons are historically less safe for the people incarcerated in them, and lead to increased incarceration rates and longer sentences.
Withdrawing from the World Health Organization (WHO): Removes U.S. from participation in WHO; ends U.S. participation in negotiations for a global Pandemic Agreement. Harms U.S. ability to respond to pandemics and other global health crises, increasing risk of severe medical threats and economic dislocation.
Revoking federal policing and safety reforms: Eliminates requirements to advance accountable federal policing and criminal justice practices, including: limiting home entries without knocking and the use of chokeholds; mandating body cameras; limiting transfer of military equipment to state and local law enforcement; requiring a national federal police misconduct database; and establishing grants for state and local policing reforms. Revokes critical federal policing reforms put in place after the murder of George Floyd.
DOJ memo on the criminal legal system: Revokes Biden-era DOJ policies to mitigate harsh sentencing practices and racial disparities in the criminal justice system. Foreshadows a return to increased incarceration, excessive sentences, and government waste without advancing public safety.
DOJ memo on gun ownership: Requires a review of all regulations and policies that “infringe” on gun rights. Will likely result in the elimination of some regulations and policies that protect against gun violence.
Designating English as the official language. A victory for the English-only movement, which has long been tied to efforts to eliminate bilingual education and restrict immigration.
Weakening national and local governments’ ability to respond to cyberattacks. The Trump administration fired the heads of the NSA and the U.S. Cyber Command, and slashed funding for agencies that detect, deter, and alert state and local governments. Leaves state and local governments much more open to cyberattacks on electric grids, election infrastructure, public safety infrastructure, and more.