Human Rights Perspective on the Trump Administration Immigration Executive Orders: On the inaugural day of the Trump-Vance Administration, several Executive Orders were issued aimed at limiting immigration and restricting asylum rights. These measures significantly alter U.S. immigration practices and threaten the safety and well-being of migrants and refugees. Below is Human Rights First’s analysis of these initial executive actions.
Trump Administration Immigration Executive Orders:
Misuse of Presidential Powers Against Migrants
The Executive Order “Guaranteeing States Protection Against Invasion” misrepresents families with children and asylum seekers at the U.S.-Mexico border as an “invasion,” a term drawn from Article IV, section 4 of the U.S. Constitution. This order halts their right to seek asylum and access other legal protections, violating U.S. law and international refugee conventions. By applying wartime powers to migrants in a humanitarian crisis, this action undermines global refugee protection efforts and misuses military resources against vulnerable people seeking refuge.
National Emergency Declaration
The “Declaring a National Emergency at the Southern Border” Executive Order asserts that the United States is under attack, necessitating military action from the National Guard and other Armed Forces units. However, migrant crossings between ports of entry have actually decreased since the previous administration. The order directs the military and the Department of Homeland Security (DHS) to obstruct migrants and asylum seekers from entering the U.S., violating the principle of non-refoulement, which prohibits the return of individuals to places where they may face danger. The order also raises concerns about the potential use of military force against civilians, which would set a dangerous precedent.
Dangerous Use of Military Resources
Another Executive Order, “Clarifying the Military’s Role in Border Protection,” expands the military’s involvement in U.S. immigration enforcement. This directive mandates U.S. Northern Command to devise a plan to “seal the borders” and combat various threats, including mass migration, drug trafficking, and human trafficking. Such measures increase the risk of military intervention in civilian affairs, fundamentally shifting the balance of power and eroding democratic principles.
Suspension of Asylum and Legal Protections
The “Guaranteeing States Protection Against Invasion” Executive Order halts the processing of asylum applications and eliminates access to various legal protections, which contravenes the Immigration and Nationality Act (INA). This includes vulnerable groups like unaccompanied minors and trafficking victims. The order also mandates that migrants provide detailed medical, criminal, and background records before entering the U.S., a requirement that could unfairly penalize individuals unable to provide such information, especially those fleeing persecution. This false narrative of migrants as public health threats has been criticized by medical experts.
Suspension of CBP One and Humanitarian Parole
Under the “Securing Our Borders” Executive Order, the CBP One app, which allowed asylum seekers to schedule appointments at U.S. ports of entry, is now suspended. This action leaves thousands of migrants stranded, with many facing dangerous conditions in Mexico, vulnerable to violence and exploitation. Additionally, the order ends humanitarian parole programs that offered temporary legal status to people from countries such as Cuba, Haiti, Nicaragua, and Venezuela, further limiting safe avenues for those seeking refuge in the U.S.
Reinforcement of the “Remain in Mexico” Policy
The “Securing Our Borders” Executive Order also reinstates the Migrant Protection Protocols (MPP), commonly known as the Remain in Mexico policy. This policy forces asylum seekers to wait in dangerous border cities in Mexico while their cases are processed, exposing them to violent crime and exploitation by cartels. Reintroducing this policy ignores its previous failures, including its role in increasing unlawful border crossings and wasting government resources.
Refugee Admissions Freeze
The “Realigning the US Refugee Admissions Program” Executive Order indefinitely halts the U.S. Refugee Admissions Program (USRAP), which provides critical resettlement opportunities for refugees. Thousands of refugees already cleared for travel to the U.S. face cancelled flights, and those still in the resettlement pipeline are left uncertain about their future. This suspension erodes the U.S.’s role as a global leader in refugee protection and neglects the country’s long-standing commitment to offering refuge to those fleeing violence and persecution.
Expansion of Expedited Deportations
The “Protecting the American People Against Invasion” Executive Order broadens the use of expedited removal, allowing immigration officers to deport individuals without hearings or due process. The expansion increases the likelihood of wrongful deportations, especially for people who cannot prove continuous residence or express fear of returning to their home countries. This expansion further exacerbates existing flaws in the expedited removal process, such as the lack of legal representation and inadequate screenings for asylum seekers, which have led to tragic consequences for those seeking protection.
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Expansion of Detention and Criminalization of Undocumented People
The Executive Order “Protecting the American People Against Invasion” seeks to significantly increase the enforcement of immigration laws by targeting all undocumented individuals. This action dismantles the Biden administration’s focus on prioritizing resources for individuals who pose national security or public safety threats. Under the new order, all undocumented individuals are required to register with the government, and those who fail to do so face potential civil and criminal penalties. This echoes the controversial Special Registration program following 9/11, which disproportionately impacted Arab and Muslim communities and led to removals without achieving its stated security goals.
The “Securing Our Borders” Executive Order further mandates the expanded use of immigration detention, even for individuals apprehended between ports of entry. This will lead to the detention of families, including children, who will face long periods in harsh conditions. The trauma caused by prolonged detention, especially for families, can lead to long-term health issues such as PTSD, depression, developmental delays, and even suicidal tendencies.
While community-based case management programs have been proven to be more effective and cost-efficient than detention, these orders shift focus toward punitive measures, escalating the already significant backlog in immigration courts, which stood at 3.6 million cases by the end of FY 2024.
Criminal Prosecutions and Family Separations
The “Protecting the American People Against Invasion” executive order also calls for expanded criminal prosecutions for families and individuals crossing the border irregularly to seek asylum. This move is a direct revival of the previous administration’s Zero Tolerance policy, which led to the separation of thousands of families at the border. To date, over 1,300 children remain separated from their families, causing irreparable harm and trauma.
Criminalizing immigration violations and prosecuting families diverts resources from more serious criminal threats and undermines U.S. treaty obligations, particularly those regarding refugees. These expanded prosecutions are expected to overwhelm the judicial system and escalate the already dire backlog in the immigration courts, particularly in border regions.
Targeting Immigrant Communities
The orders also expand the role of state and local law enforcement through the creation of Homeland Security Task Forces that will work to enforce federal immigration laws. These task forces will utilize existing agreements, such as 287(g), to deputize local police officers as immigration officers, facilitating increased detention and deportation efforts. This approach will inevitably lead to racial profiling, civil rights violations, and harassment, particularly against immigrant communities, and will further strain local law enforcement resources.
The executive orders also seek to punish sanctuary cities and jurisdictions that refuse to fully cooperate with federal immigration enforcement. The federal government may withhold funding and pursue legal action against such jurisdictions, further threatening the safety and well-being of immigrant populations.
Attacks on Birthright Citizenship
The “Protecting the Meaning and Value of American Citizenship” executive order seeks to revoke birthright citizenship for certain children born in the U.S. to non-citizen parents, specifically those who are undocumented or in the country temporarily. This policy runs directly counter to the Fourteenth Amendment, which guarantees that anyone born in the U.S. is a citizen, regardless of their parents’ immigration status.
If implemented, this policy could leave thousands of children stateless and without a legal status in the country where they were born. This chaos would overwhelm federal, state, and local government systems and could result in harmful long-term consequences for the children affected.
Designation of Cartels as Foreign Terrorist Organizations (FTOs)
The “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists” executive order calls for the designation of international criminal organizations, such as MS-13 and Tren de Aragua, as FTOs. Although these groups pose a threat to regional security and commit violent crimes, this designation could have serious unintended consequences for the victims of these cartels, who might be wrongly stigmatized due to their forced involvement with these groups.
Furthermore, these criminal organizations are already heavily targeted under existing U.S. laws, and such a designation is unlikely to significantly change the dynamics of these groups’ operations. Labeling these groups as FTOs may have more harmful impacts on innocent individuals, including asylum seekers who have been victims of these organizations, complicating their immigration cases.
Externalizing Asylum to Third Countries
The “Securing Our Borders” executive order also directs the U.S. government to pursue agreements with third countries to deport asylum seekers to places where they could face even greater risks. This echoes the failed policies of the first Trump administration, where asylum seekers were sent to countries like Guatemala, where they were exposed to the same dangers they fled. Such agreements violate international law, which requires that refugees be protected from returning to countries where they could face persecution.
Laying the Groundwork for a Travel Ban
The “Protecting the United States from Foreign Terrorists” executive order sets the stage for the reintroduction of travel bans similar to those imposed during the first Trump administration, which targeted Muslim-majority and African nations. The order calls for identifying countries with inadequate vetting and screening procedures, with the potential to suspend entry from nationals of these countries.
Additionally, the executive order proposes enhanced screening for refugees and stateless individuals, subjecting them to more invasive identity verification processes. These measures, which stigmatize both groups, create unnecessary delays and costs for the U.S. government and place additional burdens on already vulnerable individuals.
Targeting NGOs Supporting Immigrants
The “Protecting the American People Against Invasion” executive order also directs a review of federal funding and contracts with non-governmental organizations (NGOs) that support immigrants and asylum seekers. The aim is to audit these organizations for any violations of immigration laws and to potentially terminate funding or pursue legal actions against them. This is part of a broader trend of attacking organizations that provide essential services to migrants, further criminalizing their work and stoking violence and threats against them.
These executive orders reflect a dramatic shift toward a more aggressive and punitive immigration policy, marking a significant setback for immigrant rights in the United States. They undermine constitutional protections, disregard international human rights standards, and ignore more effective and humane alternatives to immigration enforcement. Instead of focusing on comprehensive reform, the orders prioritize enforcement actions that harm vulnerable populations and overburden the already overwhelmed immigration system.