EXECUTIVE ORDERS, ENFORCEMENT OF LAWS AGAINST FOREIGN NATIONALS NORMALLY RESERVED FOR WARTIME, INCREASED DETENTION, HEIGHTENED SCRUTINY AT THE BORDERS: A WHIRLWIND TWO MONTHS ON IMMIGRATION

Sixty days into office, President Trump enacted dozens of Executive Orders (EOs) on immigration, promulgated new regulations, and made over 200 changes to immigration policy with speed, intensity, and severity. This rapid succession of change wreaked havoc on U.S. immigration law and procedures and caused chaos, panic, and fear within the nation. Below are a few of the key changes the administration has enacted:

Key Executive Orders and Memoranda

• Sought the termination of birthright citizenship (temporarily blocked and currently being litigated in federal courts)
• Directed DHS to stop use of CBP Online for parole or entry of asylum seekers.
• Directed DHS, DOS, and DOJ to resume Migrant Protection Protocols.
• Directed increasing the number of ICE and CBP officers.
• Resumed maximum vetting of noncitizens seeking admission to the United States.
• Directed DOJ to prioritize border prosecutions.
• Sent military personnel to enforce the southern border.
• Directed DHS to maximize use of expedited removal.
• With the exception of Afrikaners, restricted all refugee admissions from South Africa.
• Designated English as the official language of the United States.
• Invoked the Alien Enemies Act, in violation of a federal court order, to enforce the removal of members of the gang Tren De Aragua (currently being litigated in federal courts).
• Issued memoranda calling for the investigation and sanctioning of immigration lawyers and law firms engaged in lawsuits against the federal government and representation of asylum seekers.

The barrage of executive actions demonstrates an intolerance of humanitarian forms of immigration, disrespect for the rule of law, extreme levels of xenophobia, prioritization of draconian enforcement, and redirecting as much resources as possible to the removal of noncitizens.

Like the first term of President Trump, courts blocked and stalled some of the most extreme desired policy actions. Unlike the first term, however, this administration enacts policy even more brazenly and systemically. With fewer checks on executive power from within the administration and Congress, the executive branch faces few roadblocks to enacted change. Most disturbingly, the executive branch, in some circumstances, has demonstrated an unwillingness to comply with a court order it disagrees with, and has shown a willingness to attack attorneys who challenge its actions.

Nevertheless, foreign nationals continue to receive immigration benefits through employment, investment, family petitions, and humanitarian benefits. Green card holders continue to naturalize through USCIS, and immigration judges grant relief to clients. But, the administration appears likely to continue enacting increasingly hostile policies toward foreign nationals for the remainder of its term.