Trump 2.0 Executive Orders on Immigration - What do they mean for New York?
On his first day in office, President Trump signed over a dozen executive orders related to immigration. Below is some analysis of how these orders will affect New York and immigrant New Yorkers (for general summaries of the executive orders, see this recap from the National Immigration Law Center.)
Overall, the President’s orders and messaging continued and built upon the invasion rhetoric that has become the basis for most debates on immigration on both sides of the aisle. This is problematic for many reasons, but most of all because it conflates legitimate security concerns with the needs of a rising number of people fleeing poverty, conflict, corruption, and violence. These orders do nothing to address a simple truth: that people will continue to migrate because they believe they have no other choice. By focusing on deterrence and leaning into restrictive policies, some of which havequestionable legal basis, the reality is that most of these policies will likely push people into further harm, into the hands of smugglers, or along life-threatening routes. Closer to home, New York risks losing the economic and cultural advantages of immigration as jobs remain vacant, the food supply chain struggles, innovation and entrepreneurship are stymied, communities are ripped apart, and fear of law enforcement grows.
Please note - this list will be updated as new developments emerge. Many of these orders require various agencies to spend the next 30-90 days in review and to come up with more detailed plans on how to move the intention of the EOs forward.
Protecting the American People Against Invasion
Status: In effectThis order fulfills the promise of increased enforcement, and likely mass raids, as it removes all prioritization of enforcement and directs immigration enforcement agencies to remove a maximum number of individuals. In New York we expect increased arrests at immigration courts, USCIS appointments, ICE Check-Ins, as well as worksite raids throughout the State.
The order also establishes Federal Homeland Security Task Forces, whichincludes federal and state law enforcement agencies, to address the presence of cartels, foreign gangs, transnational criminal organizations, and human smuggling.
Under the previous Trump Administration, claims of gang affiliation were often used as pretexts to arrest and deport immigrants - particularly young latinx immigrants. These tactics were highlighted in a series of reports authored or co-authored by Immigrant ARC CEO Camille Mackler:
The registration of all “unregistered Illegal Aliens” - all undocumented immigrants who have not provided current information, including current address, will be subject to civil and possibly criminal prosecution.
Requiring more detention facilities to be built and the detention of all immigrants arrested by immigration agents and placed in removal proceedings.
Entering into as many 287(g) agreements as possible which gives local law enforcement the authority to enforce federal immigration laws (but does not provide them with additional resources to do so).
Additional Resource: License to Abuse: How ICE’s 287(g) Program Empowers Racist Sheriffs (ACLU)
Reestablishes the Victims Of Immigrant Crimes Enforcement (VOICE) Offices to reach out to and work with victims of crimes committed by immigrants.
Limits the use of parole, foreshadows the end to many TPS designations, and indicates higher scrutiny for work authorization.
Additional Resource: Immigration Parole - Policy Brief - Fwd.us
Prevents states and cities that are deemed to be “sanctuary jurisdictions” from receiving federal funds.
This is of particular concern to New York advocates based on comments made by both New York City Mayor Adams and New York Governor Kathy Hochul, who have indicated a willingness to cooperate with the federal government on immigration despite New York’s laws protecting immigrant communities.
Review federal contracts for non-profits that serve immigrants and pause distribution of the funding until these reviews have been completed.
Deny public benefits to undocumented immigrants.
Hire more enforcement personnel (subject to appropriations).
Guaranteeing The States' Protection Against Invasion
Status: In effect
Suspends all entries at the Southern Border.
Prevents individuals without visas from entering the US at the Southern Border, effectively preventing them from asking for asylum, and prevents anyone who has crossed the Southern Border on or after January 20, 2025 from applying for asylum (i.e. suspends the entire asylum system).
Requires any non-citizen who is crossing the Southern Border to provide medical and criminal history information before being admitted into the United States.
Protecting the Meaning and Value of American Citizenship
Status: Lawsuit filed; Enjoined 01/23/2025
Premised on the idea that undocumented immigrants are not “subject to the jurisdiction of the United States,” this executive order declares that US citizenship is not automatically given to individuals who:
Had an undocumented mother and a non-citizen father (unless the father had a green card);
Had a mother who was in the US on a temporary status (e.g. ESTA, student visa, tourist visa) and a non-citizen father (unless the father had a green card).
No US agencies can issue documents that would recognize the citizenship of individuals that fall in the categories above and cannot accept state or local governments that do the same.
This executive order only applies to individuals born on or after February 19, 2025.
Realigning the United States Refugee Admissions Program
Status: In effect
This order suspends all admissions under the US Refugee Assistance Program (USRAP) for a minimum of four months.
The refugee program has been a lifeline for many parts of New York, helping reinvigorate economies across the last few decades. When similar measures were enacted during the last Trump Administration, we saw not only risks to local economies, but the loss of legal representatives and other community-based organizations who relied on federal funding for refugee resettlement to provide a host of complimentary supports.
Clarifying the Military’s Roles in Protecting the Territorial Integrity of the United States
Status: In effect
The Department of Defense has been tasked with designing a mission that will seal the borders (plural). Advocates in Upstate New York have been scrambling to respond to the needs along the US-Canada border for year, with very little resources and help. As enforcement has increased and restrictions tightened between the US and Canada, individuals crossing from New York into Ontario or Quebec have taken increasing risks and sometimes dramatic results. We also expect a rise in prosecutions of those crossing the border between Canada and the US.
More Resources:
The Chamberlain Network’s toolkit for veterans to talk about using military force at the border.
Expansion of Expedited Removal
Status: In EffectThe Department of Homeland Security has reinstated a prior rule that expands the use of expedited removal, effective immediately. This means that anyone arrested anywhere in the United States on suspicion of violation of immigration law and who cannot prove they have been in the United States for two years or more are subject to immediate removal from the United States without first getting a hearing in front of a judge.
Additional Resources:
KYR Materials from NILC on Expedited Removal (English)
KYR Materials from NILC on Expedited Removal (Spanish)
Directives Regarding Locations of Enforcement Actions
Status: In Effect
The Department of Homeland Security has rescinded the sensitive locations guidance that prevents immigration enforcement from happening in locations such as schools, hospitals, and houses of worship. Instead, DHS has noted they will use “common sense” when executing operations.
ICE has also issued new guidance regarding when arrests can be made at criminal courthouses and specifies that they may conduct arrests at or near courthouses when not prevented by local law, and that arrests should be made in non-public places when possible, in collaboration with court staff. The memo discourages arrests at courts that handle non-criminal matters.
Additional Orders that will affect immigrants in New York:
Allowing the death penalty for any immigrant convicted of a capital offense.
Rescinding all previous Executive Orders on immigration, including those creating parole programs, directing investments in regional migration efforts, prioritizing enforcement efforts, and more.
Actions at the Southern Border that includes re-instating “Remain In Mexico” policies for asylum seekers, ceasing the use of the CBP One app, ending all categorical parole programs, prioritizing the prosecution related to border crossings.
Note - a legal challenge has been filed to the CBP One portion.
Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats requires additional vetting of applicants for visas abroad and uses much of the same language that was the basis for the Muslim Bans during Trump’s first administration.
The Executive Order on Foreign Terrorist Organizations and Cartels specifically calls out MS-13 and Tren de Aragua. Allegations of affiliation with both gangs have been used to racially profile and target immigrant New Yorkers in the past (see reports linked above).
This order also mentions - but does not invoke - the Alien Enemies Act, which could justify the mass-detention of all nationals from certain countries. The last time this was used led to the Japanese Internment Camps.
Additional Resources: The Alien Enemies Act Explained by the Brennan Center