A Closer Look at Week One of Trump’s Immigration Actions

Since taking office on January 20, 2025, President Donald Trump has wasted no time in issuing a flurry of executive orders, many targeting United States immigration policies. Although many of these actions were widely expected, others came as more of a surprise, while others yet have already been the subject of lawsuits based on their unconstitutionality.

These key week-one immigration actions include:

Executive Order, “Protecting the American People Against Invasion”

On day one, President Trump signed an Executive Order with a long list of effects. Included in the list was a revocation of various Biden administration executive orders and policies, including those aimed at family reunification, asylum processing, and improving government efficiency in legal immigration. These reversals reintroduce expedited removal, restore public charge restrictions, and eliminate asylum protections established under the prior administration.

In addition, through federal-state agreement, the order also calls for authorizing state and local law enforcement officials “to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary of Homeland Security.”

The Executive Order also directs the Attorney General and the Secretary of Homeland Security to jointly establish “Homeland Security Task Forces (HSTFs)” in every state nationwide. The objective of each HSTF is “to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, dismantle cross-border human smuggling and trafficking networks, end the scourge of human smuggling and trafficking, with a particular focus on such offenses involving children, and ensure the use of all available law enforcement tools to faithfully execute the immigration laws of the United States.”

Further directives include a focus on enforcement of orders of removal and prosecution of criminal offenses related to unauthorized entry or unauthorized presence in the United States; efforts to identify “unregistered illegal aliens;” the “efficient and expedited” removal of undocumented individuals; the construction and operation of detention facilities; and withholding of federal funds from “sanctuary” jurisdictions.

“Illegal Alien” Terminology Reinstated

The Department of Homeland Security reinstated official use of the term “illegal alien” rather than “undocumented noncitizen.”

State of National Emergency

A national emergency was declared at the southern border to justify deploying military resources for immigration enforcement. This directive also includes continuing border wall construction (a pivotal goal of President’s Trump’s first administration), increased surveillance, and expanded detention capacity.

Deportations

Mass deportation was a central promise during President Trump’s presidential campaign, and although deportations have not yet begun at the anticipated volume, activities such as raids, arrests, and flights with deported persons have been carried out, along with a call for the US military to be deployed to the southern border. Moreover, rules restricting enforcement near sensitive areas like churches and public schools have been lifted meaning that Immigration and Customs Enforcement (ICE) can raid those spaces in search of undocumented migrants.

Many countries have not taken favorably to this crack down, demonstrated by Mexico denying permission for the United States to land a military aircraft in Mexico transporting persons deported from the United States. Likewise, after Colombia rejected two U.S. military planes carrying deported persons, President Trump threatened various “retaliatory” measures, including tariffs, visa sanctions, and travel bans. Colombia, which is one of the USA’s largest Latin American trading partners, countered with tariffs of its own.

“Remain in Mexico” Program

President Trump relaunched the Migrant Protection Protocols program, also known as “Remain in Mexico,” under which asylum seekers wishing to enter the United States via Mexico must remain in Mexico while their cases are processed. The program previously had been introduced by President Trump in 2019 but was discontinued by President Biden in 2021. Following the announcement, Mexico’s President indicated Mexico has not agreed to accept non-Mexican asylum seekers, although it will welcome returning Mexicans and is setting up a “tent city” to house and tend to deportees.

Refugee Admissions Program Suspension

Effective January 27, 2025, one executive order suspends refugee admissions with only few exceptions on a case-by-case basis. The program is to be reviewed in three months. As part of this effort, the Department of State (DOS) suspended funding to groups aiding refugees in the United States with housing, job placement, and other needs, Reuters reported. A letter from DOS said such agencies must stop all related work and “cancel as many outstanding obligations as possible.” Scheduled refugee arrivals were halted as a result, including nearly 1,660 Afghans who had been cleared to resettle in the United States, a group that includes Afghans at risk of retribution by the Taliban after fighting for the previous U.S.-backed Afghan government, family members of U.S. service members on active duty, and unaccompanied minors who had been scheduled to reunite with their families.

CBP One App Shut Down

The CBP One app facilitated asylum applications and were used by applicants to submit advance information and schedule appointments at eight southwest border ports of entry. Over 10,000 existing asylum appointments were cancelled, and according to Customs and Border Protection (CBP), all applicants were notified.

Expanding Immigration Law Enforcement to Department of Justice (DOJ) Officials

On January 23, 2025, the Acting Secretary of Homeland Security issued a directive giving DOJ law enforcement officials in the U.S. Marshals, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Federal Bureau of Prisons “authority to investigate and apprehend illegal aliens.”

Restricting Birthright Citizenship

President Trump issued an executive order which seeks to redefine the 14th Amendment of the US Constitution which provides for birthright citizenship. Under the new rules, children born on US soil would only be recognized as citizens if at least one parent is a US citizen or lawful permanent resident. Legal challenges were immediately brought and one federal court has already issued an injunction on the ground that such a change is “blatantly unconstitutional.”

Waiver of COVID-19 Vaccination Requirement

Effective January 22, 2025, US Citizenship and Immigration Services (USCIS) is waiving “any and all requirements” that applicants for adjustment of status to permanent residence present documentation that they received the COVID-19 vaccination. USCIS said it will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination nor will they deny any adjustment of status application on that basis.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate, Rikki Barrow at rikki@flynnhodkinson.com.