As soon as he took office, President Donald Trump enacted a series of immigration-related executive orders. These orders — more than a dozen in total — dismantled many of Biden’s immigration policies and introduced stricter regulations for undocumented immigrants, asylum seekers, and visa applicants.
One of the most controversial policies is the end of birthright citizenship. Critics say that this policy change has created a challenging political environment that underlines the Trump administration’s rigorous approach to immigration.
As an immigration law firm in New York, we at Berd & Klauss, PLLC, stay on top of key changes in immigration policies. Contact us if you need legal guidance.
President Trump’s America First Priorities
The first executive order outlines several key priorities for the Trump administration’s approach to immigration:
- The president aims to enhance border security and protect communities by involving the National Guard and US Armed Forces.
- The State Department will focus on an America-First foreign policy, as directed by President Trump.
- The administration will end the catch-and-release policies previously established under former President Biden.
- It will reinstate the Remain in Mexico Policy, requiring asylum seekers to wait in Mexico while their claims are processed.
- Construction will continue on the southern border wall with Mexico.
- The order seeks to deny asylum to individuals who cross the border illegally.
- Efforts will be made to subdue sanctuary cities in the US.
- There will be increased screening and vetting of noncitizen aliens seeking admission to the US.
- The deportation of aliens with criminal records will be expanded.
- The refugee resettlement program will be postponed.
- Cartels will be designated as foreign terrorist organizations, and efforts to dismantle them will involve applying the Alien Enemies Act.
- The Department of Justice will be urged to implement the death penalty for illegal immigrants convicted of committing severe crimes, including those that cause harm or death to Americans.
Ending Birthright Citizenship
President Trump’s Executive Order (called “Protecting the Meaning and Value of Citizenship”) challenges the traditional interpretation of the 14th Amendment, which establishes that anyone born or naturalized in the US and subject to its jurisdiction is a citizen of both the country and the state where they reside.
The new Trump administration contends that birthright citizenship should not automatically apply to everyone born in the US. The order specifically seeks to exclude from citizenship those born in the US to parents who are not subject to U.S. jurisdiction. This includes:
- Individuals born to mothers who were unlawfully in the US and fathers who were neither lawful permanent residents nor US citizens at the time of birth.
- Individuals born to mothers who were in the US on a lawful but temporary basis and fathers who did not have lawful permanent resident status or US citizenship
Under this order, no US government agency or department can issue or accept documentation asserting US citizenship under these conditions. This policy will affect individuals born in the US starting 30 days after the order’s implementation date (which is February 19, 2025). Executive agencies and departments are required to issue public guidance on this policy within 30 days of its enactment.
Note that this order does not impact the ability of children born to lawful permanent residents to obtain documentation proving their US citizenship.
Securing borders
President Trump’s Executive Order titled “Securing Our Borders” outlines his administration’s strategy for strengthening border security. Some of the key actions of this policy include:
- Constructing a physical wall and other barriers (which will be supported by advanced technology and monitored by trained personnel)
- Actively deterring and preventing the entry of illegal aliens into the US
- Detaining aliens suspected of violating state or federal laws to the fullest extent until their removal from the US
- Swiftly removing all aliens who enter illegally or continue to violate federal laws
- Pursuing criminal charges against those violating immigration laws and those who aid their unlawful presence in the US
- Achieving full operational control over US borders.
- Collaborating with local and state law enforcement to enforce federal immigration priorities through federal-state partnerships
Suspending US Refugee Admissions Program
The executive order titled “Realigning the United States Refugee Admissions Program” — which will take effect on January 27, 2025, at 12:01 AM Eastern Standard Time — aims to control the flow of undocumented immigrants into American communities to enhance the security and safety of local populations.
This new directive overturns Executive Order 14013, which focused on rebuilding refugee programs and planning for climate change-related migration. Under the new order, the Trump administration will admit refugees who are deemed capable of fully assimilating into American society and contributing in ways that preserve taxpayer resources for citizens.
Our immigration law firm in New York can help you navigate the latest policies. Contact us today here at Berd & Klauss, PLLC, by calling 212-461-7152.