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After Day One: A High-Level Analysis of Trump's First Executive Actions [1]

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Date: 2025-01-22 16:51:00-05:00

On the first day of his second term of office, President Donald Trump issued ten executive orders and proclamations seeking to change the face of U.S. immigration law and policy, touching nearly every aspect of a complex and exacting system. The Trump administration has followed up the record of its first term, and the promises of its presidential campaign, with an effort to redefine America to exclude everyone from border-crossers seeking refuge to children born next month to parents who are in the U.S. on temporary visas. Woven through these executive orders are novel legal arguments that fully task the U.S. military with repelling asylum-seekers; threaten aggressive use of criminal penalties to ensure compliance; and open the door to future invocations of the centuries-old Insurrection Act and Alien Enemies Act.

It is important to understand not just the scope of the executive orders, but also what precisely they aim to do, and on what timescale. The flurry of first-day activity was itself a signal to immigrant communities that they are under attack—but it is also a blueprint for future actions. Most of the policy changes heralded in these executive actions take the form of instructions to federal departments or agencies. Some of these were executed within the first 48 hours; others will require further scrutiny and guidance in the coming weeks and months and will be subjected to lawsuits challenging their implementation.

This analysis is by no means an exhaustive list of the changes made by the “Day One” executive orders, much less a breakdown of the legal arguments contained within them. Because so much depends on implementation, it is possible that provisions excluded from this analysis may turn out to be enormously influential—and that some provisions we highlight may not do much other than impose confusion and fear. However, this analysis represents our best effort to synthesize the executive actions into an agenda of proposed and accomplished changes, and to point out some future developments to watch for as these texts are turned into reality for immigrants and all Americans.

Turning t he U.S. Interior into an Enforcement Dragnet

The executive orders signed on the first day of President Trump’s second term radically expand the legal authorities used to enforce immigration law against immigrants already in the U.S., while calling for an equally radical expansion of the infrastructure that would be needed to accomplish the “mass deportations” the president has promised. Furthermore, they signal efforts to immiserate unauthorized immigrants living in the United States, depriving them of the ability to work legally and punishing them for being unable to “register” with the U.S. government—something they have no way of doing.

Key policy changes

Ordering the expansion of “expedited removal,” which allows the U.S. to deport someone without a court hearing, to the maximum permitted under federal law (an extent to which it has never been used before). U.S. officials will be authorized to arrest someone accused of entering the country without inspection anywhere inside the U.S. and subject them to expedited removal if they believe that person has been here for less than two years, with the burden on the immigrant to prove that they have been here for longer. (“Protecting the American People Against Invasion”)

Requiring all noncitizens to register and present their fingerprints to the U.S. government under a rarely-used provision of U.S. law and declaring that all those who have not registered will be subject to criminal penalties. This requirement could be very difficult to meet for immigrants who entered the U.S. without authorization, thus opening the door for them to be targeted for arrest and criminal prosecution. (“Protecting the American People”)

Instructing the Department of Homeland Security (DHS) to “ensure” that work permits are not given to people without other legal status—even if they have a pending immigration application. If implemented, this change would radically restrict the population of people who are eligible to work in the U.S. legally. (“Protecting the American People”)

Directing the Office of Management and Budget (OMB) to take action to ensure no public benefits are provided to unauthorized immigrants. (“Protecting the American People”)

Threatening the revocation of all federal funding to states and localities deemed to be “sanctuary” jurisdictions. (“Protecting the American People”)

Ordering DHS to expand 287(g) agreements with state and local law enforcement to mobilize them as partners in enforcing federal immigration law, “to the maximum extent permitted by law.” (“Protecting the American People”)

Revoking all Biden policies setting priorities for immigration enforcement. (“Protecting the American People”)

Directing audits of any federal contracts with non-governmental organizations engaged directly or indirectly in assisting undocumented immigrants in any way, freezing all funding during these audits, and threatening to order the return of those funds following the audit. (“Protecting the American People”)

What’s already happened

The expansion of the government’s expedited removal authority was announced effective January 21 via a Federal Register notice.

Revocations of Biden-era enforcement policies are immediate.

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[1] Url: https://www.americanimmigrationcouncil.org/research/after-day-one-high-level-analysis-trumps-first-executive-actions

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