Trump’s Executive Orders

On January 20th, 2025, Donald J. Trump was sworn in as the President of the United States. On his first day in office he signed an extensive series of executive orders, including several consequential orders severely limiting or removing existing immigration pathways and procedures. This is a review of what we know as of Thursday, January 23rd.

The information presented in this article is a review of developing policies and is subject to change.

Birthright Citizenship

As of Thursday, January 23rd, this executive order has been temporarily blocked by U.S. District Judge John C. Coughenour of Washington state, who referred to the order as “blatantly unconstitutional”.

The 14th amendment of the United States Constitution states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This has been interpreted for over a century to mean that children born on U.S. soil are citizens of the United States regardless of the national origin or legal status of their parents.

The executive order “Protecting the Meaning and Value of American Citizenship” reinterprets the 14th Amendment by arguing that individuals born on U.S. soil to parents who are “unlawfully present” or have “lawful but temporary” presence are not “subject to the jurisdiction of” the United States – and are therefore not citizens. These children would effectively be stateless persons, with few legal rights or protections, and no claim to citizenship in any country.

This policy is intended to go into effect “30 days from” the date the executive order was issued. Meaning that children born in the U.S. to parents who do not have citizenship or lawful permanent residence in the United States after February 19th, 2025 would no longer be eligible for citizenship by right of birth in the U.S.

This executive order has been criticized as unconstitutional and is already being met with challenges in the courts. Keith Ellison, the attorney general of Minnesota, announced on Tuesday that he will be joining more than 20 state attorneys in filing lawsuits against it.

“Only hours ago, the President swore an oath to uphold the Constitution, then broke it almost as soon as he took it. I am using the power of my office and the law to join with other state attorneys general from coast to coast to quickly and clearly bring suit to stop this unprecedented, blatant breach of the Constitution by a President,”

Suspension of Federal Refugee Resettlement Program

Executive order “Realigning the United States Refugee Admission Program” states that the U.S. Refugee Admissions Program (USRAP) is to be suspended, and that this suspension is to go into effect on January 27th, 2025 at 12:01 PM EST. This suspension includes private sponsorship programs operating under USRAP, such as the Welcome Corps.  It also states that the Secretary of Homeland Security is to suspend decisions on applications for refugee status and that refugees may only be admitted into the country on a “case-by-case basis” at the discretion of the Secretary of State and the Secretary of Homeland Security.

This means that at this time, “United States will not allow or facilitate the entry of approved refugees into the country as part of its resettlement program”

The suspension of USRAP is to last for 90 days – during which the Secretary of Homeland Security and the Secretary of State must submit a report to the President as to whether the admission of refugees through USRAP is ‘in the interest of the United States.

The effects of this executive order were immediately felt by refugees across the globe relying on USRAP as a path to safety and stability. Among them are 1,600 Afghans who had their flights canceled even after meeting all requirements for resettlement. Family members expecting their loved ones to arrive in the U.S. in January and February have been thrust into painful uncertainty as their reunification is delayed for an indefinite period.

Refugees already admitted through USRAP have entered the country lawfully and are not affected by the executive order. Afghan SIV cases are not processed through USRAP and are also not affected. It is unclear at this time how this executive order will affect departures facilitated through the office of the Coordinator for Afghan Relocation Efforts (CARE).

Cancellation of CBP One App:

Scheduling functionality within the CBP One mobile app has been removed as of January 20th. All appointments scheduled with CBP officials via CPB One have been cancelled. It is expected that this action will coincide with the reinstatement of the “Remain in Mexico” policy, which compels migrants to wait in Mexico for an opportunity to present their case in an immigration courtroom on the border, a process which can take months or years and leaves individuals and families in limbo.

Caution on Immigration Lawyer Scams:

In 2023-24 there have been multiple reports of scammers posing as immigration attorneys. Legal counsel is critical for navigating the U.S. immigration system, and many people will be seeking advice and answers in response to the changes made by the Trump administration. Scammers are prepared to take advantage of the fear and uncertainty many immigrants are experiencing at this time. Don’t allow yourself or your loved ones to be taken advantage of!

Do not accept legal counsel or services from someone who sends you unsolicited messages via text, email, whatsapp, or on social media. It is illegal in the state of Minnesota for lawyers to contact you directly to offer services, unless they are offering these services for free. A legitimate lawyer or law office will not contact you unprompted to offer services.

Other signs to watch out for include:

• Asking for large sums of money upfront.
• Advertising unusually low prices – if it seems too good to be true it probably is.
• Pressuring you to make a payment or threatening you with deto get you to pay them.
• Asking to be paid via gift card.
• Asking you to pay for copies of documents.
• Asks you to sign blank forms. (Never do this!)

Only accept legal counsel or services from a licensed attorney or accredited representative. If someone claims to be a lawyer, verify their credentials. Ask them what state they have a law license in and contact the state bar association for that state. You can use this tool provided by the MN Judicial Branch to see who is licensed to practice law in Minnesota. If they claim to be an “accredited representative” contact the EOIR at (703) 305-0470 to ensure that they have been given permission by the U.S. Government to assist people with their immigration cases.

Sometimes, Notaries claim to provide legal advice. Notaries are not licensed attorneys, and you should not seek or accept legal services of any kind from a notary as they may give you bad advice.

If you are currently seeking an immigration attorney – use legal directories provided by the U.S. government, such as the Executive Office for Immigration Review or consult this list of free and low cost immigration attorneys provided by the Justice Department. You can also use the directory provided by the American Immigration Lawyers Association.