Vetting or Vilification? The Implications of Trump’s Immigration Executive Order

Executive Summary

An executive order is a directive issued by the President that manages operations of the Federal government. These orders derive authority from the Constitution or statutory laws and are subject to judicial review.  President Trump’s recent executive order “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” aims to enhance the vetting and screening of foreign nationals. However, its vague phrases and ambiguity in execution allow for subjective interpretation. This policy brief will revisit themes from President Trump’s first term and raise concerns over the order’s implications on immigration and a potential travel ban.

Introduction

With less than two weeks in office, re-elected President Donald Trump entered the Oval Office signing various executive orders, ranging from border patrol to revocation of birthright citizenship.  Executive orders are directives from the president that manage the operations of the federal government. They cannot create new laws, contradict existing ones, and are subject to judicial review. More notably, the Executive Order “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” increases vetting and screening for various individuals seeking entry into the United States, and for those who reside in the country. The purpose of this executive order points to “protecting citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.”

This executive order may pave the way for a new Muslim ban and spark unprecedented stifling of free speech and legal immigration. This policy brief will provide an overview of the executive order and its potential implications on immigration, travel bans, and the Muslim community.

Stricter Immigration

During Trump’s first term as president (2017-2021), the Trump administration completed 472 executive actions affecting immigration policies. These actions focused on tightening border security and targeting undocumented immigrants through a mass deportation mission. The supposed goal of these efforts was to protect U.S. national security and economically prioritize American workers over undocumented immigrants. However, these policies resulted in increased enforcement, additional barriers to applying for immigration benefits, and limiting asylum to asylum-seekers. Trump’s “Zero Tolerance” Policy allowed the Department of Justice (DOJ) to prosecute all adult non-citizens who attempted to cross the border, whether they were asylum seekers, parents, or parents traveling with their children. This sparked public outrage, as children were separated from their families and detained in facilities, allegedly following the guidelines laid forth in the Flores Settlement Agreement (FSA), the Homeland Security Act of 2002, and The Trafficking Victims Protection Reauthorization Act of 2008. Nearly 1,000 children were separated from their families at the border during Trump’s first presidential term.

Currently, Trump's recent executive order evokes an eerie sense of deja vu, as it threatens the aggressive use of criminal penalties to repel asylum seekers. While the scope of the executive order is to enhance national security and public safety, it specifically aims to attack the immigrant community, depriving them of the ability to work legally- a tactic intentionally implemented into the systemic infrastructure of federal agencies.

One can expect the Trump administration to expand its infrastructure to achieve its “mass deportation” initiative. The executive order grants the Immigration and Customs Enforcement (ICE) to raid religious sites, schools, and public events to arrest undocumented immigrants. Mayor Ras J. Baraka of Newark, New Jersey, reported ICE agents raided a local business, detaining undocumented residents and citizens without a warrant. This is a violation of the Fourth Amendment as an officer cannot conduct a search and seizure without a valid warrant, and an ICE deportation warrant is not the same as a search warrant. Again, the order’s language states these new authorities will be used to go after “criminal aliens.” However, this could potentially be applied to any undocumented person(s). The executive order calls for the expedited removal of immigrants, allowing United States officials to deport someone without due process if they suspect an immigrant has lived in the U.S. for less than two years. Detained immigrants will not have the opportunity to request asylum or a court hearing, and the burden is placed on them to prove they have resided longer than two years in the United States. It is unclear how the federal government will justify preventing immigrants from receiving work permits- especially those who are eligible to receive them under current regulations. The executive order fails to mention how it will target immigrants convicted of serious crimes to “ensure public safety in the United States.”

Potential Ban

Trump’s notorious Muslim Travel Ban, or Executive Order 13769, was a series of executive orders prohibiting travel and resettlement into the United States from Muslim-majority countries. The top seven targeted countries included Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen. Many Muslims and refugees were detained at airports across the United States and deported before they could challenge their detentions. Protests ensued throughout the country, mobilizing organizations and lawyers to challenge this ban. The Council on American-Islamic Relations (CAIR) filed one of the first lawsuits challenging Trump’s Muslim Ban in 2017. Many organizations followed suit and in the following month, a federal judge issued a temporary restraining order (TRO) blocking the ban. The TRO was further upheld by the Ninth Circuit Court of Appeals maintaining the suspension of the travel ban. These judicial blocks highlighted the importance of checks and balances and reminded the Trump administration that executive orders are not above constitutional scrutiny.

In response to legal and court challenges on the Muslim Ban, the Trump administration revised parts of the executive order aiming to withstand constitutional scrutiny from the courts. The administration removed Iraq from the list and added North Korea and Venezuela. The addition of North Korea and Venezuela is an obvious attempt of the Trump administration to dispel allegations of religious discrimination by targeting Muslim-majority countries. The legal battles of the Muslim ban reached the Supreme Court in Trump v. Hawaii, where the Court upheld the revised version of the Muslim Ban by ruling the Trump administration did not violate the Establishment Clause and it fell under presidential authority to regulate immigration. This decision overextended deference to the executive branch and allowed for the disproportionate targeting of Muslims from Muslim-majority countries.  

Currently, Trump’s recent executive order may signal a precursor to the past Muslim ban. As stated in the order, within 60 days of the date of the order, the Secretary of State, Homeland Security, et al., must submit a report to President Trump indicating which countries require a full or partial suspension of its nationals entering the United States. It further requires identifying how many individuals from those countries have entered or have been admitted into the U.S. since January 2021. Depending on the countries identified, student groups and activists who’ve organized encampments, on student visas, or advocated for Palestinian human rights may be a target, depending on their country of origin. It states a full re-evaluation of all visa programs to ensure they are not being “used by other hostile actors.” This vague language is problematic and could unjustly label advocates of Palestinian human rights as “hostile actors.” The Zionist organization, Betar US, confirmed that it sent information to various officials in the Department of Homeland Security (DHS), Immigration and Customs (ICE), and the Department of Justice (DOJ) about students who it alleges to be pro-terrorist. Betar US targeted dozens of students on visas for their pro-Palestine advocacy to prompt the Trump administration to deport them. This reckless and dangerous behavior could become the norm if this executive order becomes a law.  

Conclusion

This recent executive order echoes the Trump administration’s past harmful policies and sets up a dangerous precedent for his first re-elected term. The order calls for protecting the United States “from foreign terrorists and ensuring public safety,” yet its broad language and vague execution leaves open concerns about the infringement of constitutional rights, targeting immigrant and Muslim communities. Trump’s recent executive orders are structured to terrify and devastate immigrants and their families across the United States. The executive order attempts to repeal birthright citizenship (which a judge issued a TRO halting ending birthright citizenship), weaponize the military against immigrants, and initiate immediate removals and detention of immigrants.

Recommendations

• Learn about the executive orders and policies that can impact you or your family.
• Knowledge is power- read up on civil liberty news and actions taken by the Trump administration in various policy areas.
• Track and monitor bills before they become a law. You can visit your state legislator’s website to stay informed.
• Support non-profit organizations who are at the forefront defending your rights and civil liberties.

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