On Monday, President Donald Trump signed a series of executive orders that could significantly alter U.S. immigration policy. These actions, if allowed to move forward, will have profound implications for immigrants and their families. Below is an overview of the key measures:
- Ending Birthright Citizenship: This order aims to end birthright citizenship for children born in the U.S. to undocumented immigrants and those on temporary statuses. This move challenges existing interpretations of the 14th Amendment, which provides citizenship to individuals born on American soil. The order would apply to children born on February 19, 2025, or after, not retroactively. Thankfully, multiple lawsuits have already been filed challenging this order.
- Enhanced Vetting: Enhanced vetting and screening “to the maximum degree possible” for those applying for entry and those already here. This likely means applications for immigration relief will take even longer to process, and applicants who weren’t subject to USCIS interviews, will now have to undergo them. This order also requires the Administration to provide a list of countries in the next 60 days, from which to partially or completely suspend admission to those nationals, for threat of “terrorism,” likely leading to another ban similar to the Muslim ban from 2017.
- Requiring that undocumented immigrants register their presence in the U.S. We don’t know yet how this would work, so please stay tuned for future guidance.
- Expansion of Expedited Removal: expansion of expedited removal to all US territory if an individual cannot show they have been in the U.S. for 2 years.
- Ending parole programs for Venezuelans, Nicaraguans, Cubans and Haitians.
- Barring Asylum and Deploying the Military at the Southern Border: A national emergency was declared at the Southern border, facilitating the deployment of U.S. troops to enhance border security and curb “illegal immigration.” This action includes completing the border wall and reinstating the “Remain in Mexico” policy, requiring asylum seekers to wait in Mexico during U.S. immigration proceedings.
- Engaging Local and State Law Enforcement Agencies in Immigration Enforcement: Some of the executive orders deputize local governments to assist with immigration enforcement. This includes withholding federal funding from sanctuary jurisdictions or opening investigations against local leaders if they do not comply.
- Suspension of Refugee Programs: The administration suspended U.S. refugee programs, including the Central American Minors Program, resulting in the cancellation of flights for nearly 1,660 Afghan refugees who had been cleared for resettlement. This decision affects vulnerable groups, including family members of U.S. military personnel and individuals at risk of Taliban retribution.
- Designation of Cartels as Terrorist Organizations: Directs officials to review international cartels and criminal organizations for official designation as terrorist groups. Anyone who provided even minor support for such organizations, including against their will, such as victims of extortion, could be found inadmissible.
- Restoration of Alien Enemies Act: Agencies are directed to create operational plans if President Trump chooses to implement the Alien Enemies Act, which could lead to the detention and removal of noncitizens with little Due Process or evidence of wrongdoing if accused of being connected to a designated criminal organization.
A Blow to Due Process and Human Rights
These orders undermine the principles of justice and equality enshrined in the U.S. Constitution. Due process—a cornerstone of our legal system that applies to all individuals on U.S. soil—is at risk as immigrants face increasingly arbitrary and expedited processes. Families will be torn apart, and the U.S. is failing to live up to its historic role as a beacon of hope and refuge for the persecuted.
This is not the first time we’ve seen such measures. Policies like these, often veiled in the language of national security, have been repeatedly challenged in courts for their legality and constitutionality. And while they may instill fear, history shows that they are often struck down or significantly curtailed when held to legal scrutiny.
We Stand with Immigrants
At Bean, Lloyd, Mukherji, & Taylor, LLP, we are committed to fighting for our clients and their families. No matter how dark the day may seem, immigrants have rights, and we will continue to protect them.
Here’s what we’re doing to help:
- Advocating for our Clients Before Federal Agencies: We will continue to file applications, fight denials, and push for fair outcomes in our clients’ cases.
- Understanding New Policies and Analyzing Risk: We will remain up-to-date on all changes in policy as they are released, as well as when they are challenged in court. We will provide detailed risk assessments for our clients when they are deciding whether to file particular cases.
- Standing Up for Families: We understand the stakes and will do everything in our power to keep families together and protect their future.
A Call to Action
This is not a time for despair, but for action. Many of these executive orders, such as the one on birthright citizenship, are clearly unconstitutional, and most likely symbolic. They are meant to scare immigrants and their families, and to make them feel unwelcome in this country, but not necessarily to go into effect. As before, we expect these executive orders to face significant legal challenges.
If you or your loved ones are impacted, know that you are not alone. Together, we will navigate these turbulent times and fight for justice, dignity, and fairness.