Trump’s Other Immigration Actions
Birthright Citizenship: on January 20, 2025, President Trump announced Executive Order 14160, “Protecting the Meaning and Value of American Citizenship,” which aimed to end birthright citizenship for babies born on U.S. soil to certain noncitizens who are undocumented or have temporary immigration status. In response, Massachusetts Attorney General Andrea Joy Campbell filed a lawsuit with 13 other states challenging the order. Within four days of the Executive Order, a federal district court judge in Seattle, WA said the Executive Order was “blatantly unconstitutional” and issued a temporary restraining order preventing the order’s enforcement. The district court will hear arguments on February 6, 2025 regarding a more permanent injunction against the order’s enforcement while the case proceeds through the district court.
This Executive Order is expected to fail. Birthright Citizenship is explicitly written into the Fourteenth Amendment of the Constitution and cannot be rescinded without amending the Constitution. President Trump issued a similar Executive Order during his first administration, which was also not enforced due to its unconstitutionality.
Laken Riley Act: On January 29, 2025, President Trump signed into law the Laken Riley Act, which requires the Department of Homeland Security to detain undocumented noncitizens who are accused of burglary, theft, larceny, shoplifting, assaulting a police officer, or any crime that causes death or serious bodily injury. A conviction in a criminal proceeding is not required for detention. The Act also gives state attorney generals the right to sue the US Attorney General or the Secretary of Homeland Security if they allow noncitizens into the U.S. who later cause harm to the state or its residents. The Laken Riley Act revises six statutes within the Immigration and National Act of 1952, a redlined version of which is available here.
TPS Extension for Venezuelans rescinded: On January 28, 2025, the Secretary of the Department of Homeland Security vacated the Biden Administration’s notice that extended Temporary Protected Status (TPS) for Venezuelans. TPS for Venezuelans will now end on September 10, 2025 instead of October 2, 2026.
“Mass deportations:” ICE agents are raiding businesses and arresting undocumented noncitizens throughout the United States, including in sanctuary cities like New York, NY and Chicago, IL. President Trump also issued an internal memo directing ICE to “quickly deport” noncitizens to whom President Biden had granted humanitarian parole, a type of temporary authorization that allows noncitizens to remain in the United States. It is unclear what legal authority ICE would use to “quickly deport” these noncitizens.
Mexican border “metering” is back: The Trump Administration has shut down the CBP One app, the phone application that the Biden Administration created for asylum seekers to schedule an appointment at the US-Mexico border. In its place, President Trump announced on January 21, 2025 that he would reinstate the Migrant Protection Protocols, more widely known as the Remain in Mexico or “metering” program. This policy required asylum seekers who were fleeing persecution in their home countries to wait in Mexico until they could get a U.S. immigration court hearing. Many asylum seekers had to live in makeshift camps along the border and were vulnerable to targeting by drug cartels.
Sanctuary cities under scrutiny: The Justice Department has ordered federal prosecutors to investigate public officials who are interfering with President Trump’s immigration polices and has warned officials that they could be prosecuted if they refuse to cooperate with the Trump Administration. The Congressional Oversight Committee has also requested that the mayors of Boston, Chicago, Denver, and New York City provide them with documents and communications regarding their sanctuary policies, and has also called the mayors to testify in a committee hearing regarding their policies.
More troops at U.S.-Mexico border: President Trump has directed 1,500 military troops to the U.S.-Mexico border to assist CBP with border security. The troops will first assist with building physical barriers to prevent border crossings.
Refugee admissions suspended indefinitely: On January 20, 2025, President Trump announced the “Realigning the United States Refugee Admissions Program,” which suspended all refugee application processing until further notice.
Expedited removal extended to entire U.S.: On January 24, 2025, The Trump Administration expanded expedited removal actions to allow CBP to quickly deport noncitizens anywhere in the United States who entered within the past two years and cannot present valid immigration documentation. Under the Biden Administration, CBP could only use expedited removal for noncitizens apprehended within 100 miles of the border who entered the U.S. within the past two weeks.