United States: President Trump’s Initial Immigration-Related Executive Orders Focus on Border Enforcement, Extreme Vetting, Birthright Citizenship, and Limits on Humanitarian Programs
This summary from Fragomen provides a good overview of some of the primary issues we at Shorelight are closely monitoring. As shared in the previous articles, there were dozens of Executive Orders signed this week, with wide-ranging impacts. However, what we are most focused on is anything impacting nonimmigrant immigration policies.
President Donald J. Trump signed an array of immigration-related executive orders (EOs) among dozens of executive actions taken shortly after his inauguration. The most sweeping immigration orders pertain to enforcement at the U.S.-Mexico border, but other significant orders were aimed at increasing security screening of all foreign nationals seeking entry to the United States (including possible future travel restrictions), limiting birthright citizenship, and suspending U.S. asylum, refugee, and other humanitarian programs.
Below are the two Executive Orders that are of most concern for Shorelight. Implementing these orders will take time and have to withstand challenges in the courts. We will be monitoring and updating along the way.
Read the full story on Fragomen >
EO - PROTECTING THE UNITED STATES FROM FOREIGN TERRORISTS AND OTHER NATIONAL SECURITY AND PUBLIC SAFETY THREATS
Key areas of concern:
Sec. 2. Enhanced Vetting and Screening Across Agencies.
Sec2.(b) Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, through the Assistant to the President for Homeland Security, a report:
Sec.3.(a) Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign Service Manual
Sec. 3.(c) Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States.
Read the order on WhiteHouse.gov >
EO - PROTECTING THE AMERICAN PEOPLE AGAINST INVASION
Key areas of concern:
Sec.3.(b) Revoking all of Pres. Biden’s Executive Orders on immigration
Sec. 13. Recalcitrant Countries -
this could trigger a ban on issuing visas
Sec. 14. Visa Bonds -
this was an idea floated during Trump’s previous administration
Read the order on Whitehouse.gov >
Trump Will Likely Cut Legal Entries More Than Illegal Entries
This article focuses on all types of immigration, but does have several statistics on international education. It is important to note that, while the President makes statements in support of legal immigration, he has a very divided group of senior advisors and most of the base is against immigration.
Trump oversaw a 76 percent reduction in student visa issuances from FY 2016 to FY 2020. By 2019, the number of students had already fallen by about a quarter. However, under Biden, student visa issuances increased to a level higher than any year under President Trump.
Learn more from the Cato Institute >
Laken Riley Act Update - House Passes Immigrant Detention Bill that Would Be Trump’s First Law to Sign
As shared last week, one of the concerns about this legislation is that it also gives state attorneys general legal standing to sue the federal government for harm caused by federal immigration decisions. That gives states new power in setting immigration policy when they have already been trying to push back against presidential decisions under both the Trump and Biden administrations. There will be challenges in implementing many parts of this legislation and we will continue to monitor for updates.
WASHINGTON (AP) — The House on Wednesday gave final approval to a bill that requires the detainment of unauthorized immigrants accused of theft and violent crimes, marking the first legislation that President Donald Trump can sign as Congress, with some bipartisan support, swiftly moved in line with his plans to crackdown on illegal immigration.
