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. Ronnate Asirwatham, NETWORK Government Relations Director, analyzes the Administration's executive orders for our supporters, advocates, and all concerned with the common good. Ronnate's analysis, which is available at the links below, is current as of February 6, 2025.
The entering of refugees & the asylum process
These measures have immediate impact for those on the Mexico side of the border. The CBP One portion of this EO is being litigated, or challenged, in the courts. The CBP One app also faced legal challenges when the Biden administration imposed an asylum ban. The other sections of this EO have yet to face litigation.
Refugee entrants
All arrivals of refugees are effectively cancelled immediately, even though the EO said it will take effect in two weeks. The immediate impact is on refugees who have not yet travelled to the United States. Refugees who have gone through a 1-3 year long process to come to the U.S. have had their flights cancelled and their futures dashed.
Asylum banned
Asylum at the southern border has been banned in three ways:
- Cancelling the CBP One app. The Biden administration issued a regulation that all who came through the southern border had to make an appointment through this app to be eligible for asylum.
- Expelling any immigrant who has crossed the border and is arrested, even if they ask for asylum. Prior to January 20, regulations stated that if a person expressed fear of returning to their home country, they could be detained but must be moved to U.S. Citizen and Immigration Services (USCIS) for asylum claims processing. This was sometimes derogatorily referred to as “catch and release.”
- Stopping the processing of claims of people who seek asylum unless all security questions and paperwork are cleared from the country a person is fleeing. This is essentially an asylum ban since governments rarely, if ever, issue security clearances to people subject to persecution.
Rescinding earlier executive orders
- Cuban Haitian Nicaraguan Parole program ended. Effective immediately. People already arriving in the U.S. on this program have not yet been turned away, but no one has been able to sign up since Jan 20.
- Humanitarian Parole ended. This is a program that allows non-nationals to enter the U.S. quickly in mainly medical emergencies or instances of extreme danger. Its termination is effective immediately.
- “Remain in Mexico” reinstated. It is unclear if this is possible to implement because Mexico has not officially agreed to allow non-Mexican nationals to remain in Mexico and to process their asylum claims.
Enforcement, detention, and deportation
This is the category of executive orders that most concerns NETWORK.
Declared emergency at the southern border.
The Trump administration has invoked the Alien Enemies Act, which allows sending troops to the border and the large-scale detention of certain populations. There are rumors of 1500 military troops ordered to the southern border, but our partners at the border have not seen them yet.
This EO also gives Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Alcohol, Tobacco, and Firearm and Explosives (ATF) agents the power to deport people, and it calls on Congress to fund large-scale detention facilities. No immediate impact.
Purported “Invasion” Executive Order, named “Protecting the American People Against Invasions.” This EO brands immigrants and families seeking safety in the U.S. as “invaders.” This is a departure from settled asylum law. It is a false pretense to give the Trump administration extraordinary powers to suspend regular law and due process, use the military on the civilians, and stifle dissent.
| Expands expedited removal | Expands Homeland Security (DHS) application of expedited removal, or the government's power to quickly “remove” someone from the U.S. without due process. Previosuly, ICE and CBP were authorized to arrest and remove people within 100 miles of the border, within 14 days of their arrival. This EO allows for the deportation of any noncitizen found anywhere in the United States who cannot prove to the satisfaction of a U.S. ICE agent that they have been in the country for more than two years, unless they can prove credible fear of persecution. Expedited removal is being enforced immediately, but there are no reports of arrests as of Jan. 23. | ACLU filed suit. No hearing set. |
| Freezes funding for NGOs | Paused federal funding to organizations that support immigrants in “any way.” The Administration directed an immediate review and audit of all contracts with such organizations and will terminate any contract if found guilty of “fraud.” This would impact faith-based organizations like Catholic Charities and Annunciation House. Effective immediately, many organization's funds have been suspended. However, we have yet to hear of organizations being asked to provide documentation or dates for audit. | |
| Criminalizes aid | Organizations and individuals who support or shelter immigrants may be held criminally liable for supporting “invasion.” Not in effect immediately. | |
| Increases funds for U.S. detention centers | By the end of January detention centers were already 110% over capacity. Congress is planning to use your tax money to keep your innocent friends behind bars, though the reconciliation and appropriation proposals. | |
| Designates cartels as terrorist groups | This could impact churches and faith leaders who work with immigrants across the border and who cross the border to work with immigrants in Mexico. This is effective immediately but there is no impact as of Jan. 24. | |
| Allows ICE and CBP officers into sensitive and sacred locations | The Trump administration rescinded the Sensitive Locations Memo, which for many years protected churches, hospitals, and schools from invasion by ICE and CBP officers seeking to arrest undocumented people. This is effective immediately. We have not heard reports of any arrests or raids except for instances of ICE “visiting” churches--not for prayerful purposes, and making no arrests. NETWORK has Know Your Rights guidance for Immigrants to help you know what to do if ICE or CBP approach. | Filed. No hearing set. |
| Allows ICE and CPB in judicial areas | The Judicial Locations memo was rescinded, ending the policy of keeping public spaces inside or outside courtrooms free of ICE and CBP. Now, all judicial areas, except judicial chambers, are subject to ICE or CBP activity. Effective immediately. No impact reports yet. | |
| Ends sanctuary cities | The federal government will now condition state and city funding on their cooperation with ICE and CBP. This is effective immediately, but the impact will be felt later when funding cycles come up or if there is a natural disaster. No litigation yet. |
Birthright citizenship
Though birthright citizenship is a clear part of the U.S. Constitution, the Trump administration seeks to stop giving citizenship to children born in the U.S. to immigrant parents if they are born when their parents are still undocumented or temporary visa holders. Litigation has begun. This is stayed (stopped) by the courts for now.
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