By Ruth Garbanzo, Esq., Berardi Immigration Law
Executive Orders are powerful tools for implementing policy changes, particularly in areas such as immigration, where swift action is often required. President Donald Trump used Executive Orders extensively during his previous administration to promote his immigration agenda, and he may do so again.
Executive Orders are directives from the President to federal agencies to oversee the operations of the federal government. Although they do not create laws, Executive Orders carry the force of law when based on constitutional authority or existing statutes.
During his presidency, Trump made immigration a central focus of his policy, using Executive Orders to significantly change immigration enforcement. His most notable actions included the “travel ban,” which restricted entry from several predominantly Muslim countries and was ultimately upheld by the Supreme Court in 2018. He also issued Executive Orders to enhance border security by reallocating federal funds to build a wall along the U.S.-Mexico border and implementing the “Remain in Mexico” policy. This policy required that asylum seekers wait in Mexico during their case processing, a decision that faced considerable criticism for potentially exposing migrants to dangerous conditions and limiting access to asylum.
Trump’s broader immigration agenda during his previous administration aimed to reduce family-based immigration, promote merit-based immigration, and eliminate practices such as chain migration and the Diversity Visa Lottery. His administration proposed a points-based immigration system that favored applicants with job offers, higher education, or specialized skills. This change sought to prioritize economic contributions over family connections.
The immigration policies that President Donald Trump intends to implement during his new administration include several significant and controversial measures. One proposal involves initiating large-scale mass deportation operations, primarily targeting individuals with criminal records. Another major focus is the commitment to ending birthright citizenship on the first day of his presidency, despite the potential for considerable constitutional challenges. Additionally, there is interest in pursuing a legislative solution to allow DACA recipients, commonly known as “Dreamers,” to remain in the country legally. However, the policies being considered also encompass measures that could lead to the deportation of undocumented parents, even in cases where their children are U.S. citizens, raising complex concerns for mixed-status families.
In conclusion, President Donald Trump’s extensive use of executive orders highlighted the significant power of presidential directives in shaping national immigration policy. By leveraging these constitutional tools, he demonstrated how a president can swiftly implement substantial changes to immigration enforcement, border security, and migration processes, despite facing legal challenges and intense political controversy. His approach emphasized both the flexibility and potential limitations of executive orders, showing their ability to drive rapid policy transformation while remaining subject to judicial and legislative oversight.