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Trump signs sweeping actions on immigration and border security on Day 1

In this aerial view, the U.S.-Mexico border wall ends with a gap on Sunday near Sasabe, Ariz. Although immigrant crossings are down sharply, the incoming Trump administration has vowed to complete the wall and "seal" the border completely.
John Moore
/
Getty Images
In this aerial view, the U.S.-Mexico border wall ends with a gap on Sunday near Sasabe, Ariz. Although immigrant crossings are down sharply, the incoming Trump administration has vowed to complete the wall and "seal" the border completely.

Updated January 20, 2025 at 21:41 PM ET

President Trump kicked off a slew of executive actions related to immigration in a signing ceremony at the Oval Office.

Since the early days of the 2024 presidential campaign, Trump has vowed to begin his second term with both new and old efforts to curb legal migration and deport those who are in the U.S. without legal status.

He signed a series of actions related to the border on Monday, including "realigning" the Refugee Admission Program, designating cartels as foreign terrorist organization, declaring a national emergency at the southern border, and ending automatic citizenship to children born in the U.S. to parents who don't have legal status — a controversial constitutional question that is likely to face immediate legal challenges.

"Our southern border is overrun by cartels, criminal gangs, known terrorists, human traffickers, smugglers, unvetted military-age males from foreign adversaries, and illicit narcotics that harm Americans," according to an order Trump signed that declares a national emergency at the southern border. That view offers an exaggerated view of current conditions at the border.

The U.S. had seen an increase in border crossings under the Biden administration, at times reaching all-time highs. But Customs and Border Protection's recent numbers have shown a sharp decrease in unauthorized apprehensions in the past six months.

Incoming Trump border czar Tom Homan also said large-scale raids to deport and detain those without legal status are set to begin as soon as Tuesday, focusing on people considered a security or safety threat.

Here are the executive actions that officials previewed:

1. Declare a national emergency at the border

The order will allow U.S. armed forces to finish the border wall, by directing the defense and homeland security secretaries to erect physical barriers at the border. It will also allow the defense secretary to deploy members of the armed forces and National Guard to the border.

2. Clarify the military's role when it comes to border

The order seeks to "clarify" the military's role in protecting the territorial integrity of the United States, adding that "it is the policy of the United States to ensure that the Armed Forces of the United States prioritize the protection of the sovereignty and territorial integrity of the United States along our national borders."

The order envisions a greater role for the military in border security, including directing the Defense Secretary to deliver a plan for deploying U.S. Northern Command forces to the border.

3. Secure the border

Officials said they're also planning to end the policy known as "catch and release," which released those without legal status from detention while they awaited an immigration court hearing.

The action would also reinstate "Remain in Mexico," which would require some asylum seekers as the southern border to wait in Mexico for their hearings in U.S. immigration court. And it would direct the U.S. to build the wall along the southern border.

4. Designate criminal cartels as terrorists

The Trump White House designated criminal cartels and others as foreign terrorist organizations and as specifically designated global terrorists — two separate legal definitions. This allows the U.S. to more easily remove members of groups like the Tren de Aragua, a transnational criminal organization from Venezuela, and MS-13.

The order is also meant to "enhance vetting and screening" across agencies, which White House officials had earlier mentioned as a separate action.

5. Suspend refugee resettlement

The order temporarily suspends the U.S. Refugee Admissions Program starting from Jan. 27, "until such time as the further entry into the United States of refugees aligns with the interests of the United States."

6. End asylum and close the border to those without legal status via proclamation

White House officials, on a call with reporters earlier on Monday, also said they are planning to end asylum entirely and close the border to those without legal status via proclamation, "which creates an immediate removal process without possibility of asylum." The officials spoke on condition of anonymity to preview the actions. Trump earlier on Monday rescinded a Bidenorder on asylum seekers.

7. End birthright citizenship

The order aims to end birthright citizenship, which is enshrined in the 14th Amendment to the U.S. Constitution since 1868 and provides the right to citizenship for children born in the U.S., regardless of their parents' legal status. In an interpretation of the amendment's clause of "subject to the jurisdiction thereof," the order, which takes effect in 30 days, would narrow who can get U.S. citizenship based on the legal status of their parents.

This action to change the interpretation of the amendment is likely to see immediate legal challenges.

8. Guarantee states protection against invasion

The proclamation Trump issued is "suspending the physical entry of aliens involved in an invasion into the United States across the southern border until I determine that the invasion has concluded," according to the text.

9. "Protect American citizens against invasion"

"What this particular action does is it rescinds the open borders policies of the Biden administration and equips agents and officers of ICE and CBP with the authorities" they need to deport people from the U.S. "It also reaffirms the faithful execution of the immigration laws, prioritizes enforcement actions against criminal illegal aliens and establishes federal Homeland Security Task Forces to cooperate with state and local law enforcement in the removal of gangs, criminals and illegal aliens from the United States," White House officials told reporters on a call previewing the move earlier on Monday.

The latest NPR/PBS News/Marist poll also finds that Americans are evenly split on whether to mass deport people who are in the U.S. without legal status — though divisions fall along party lines. There are also concerns about the practical impact of deportations, including where to house millions of detainees while they await deportation.

10. "Restore" the death penalty

This action directs the attorney general to seek capital punishment for the murder of law enforcement officers and capital crimes committed by those without legal status.

"So as you know, this is about national security, this is about public safety, and this is about the victims of some of the most violent, abusive criminals we've seen enter our country in our lifetime. And it ends today," the officials told reporters on the preview call.

Capital punishment is legal at the federal level, and President Biden had pledged to abolish it — though he never worked with Congress on legislation to do so. Biden did commute the sentences of 37 of the 40 men on federal death row to life without parole last month.

Trump had reinstated federal executions during his first term, in 2019, after a 17-year pause.

    These efforts may take time — and face challenges

    Although Trump has reiterated many of these promises for over a year, they may take weeks or months to implement. Several actions will likely be the subject of legal challenges or need Congress to mobilize new funding that Trump currently does not have.

    "We get into the big question marks. He's talked about using, expanding, detention facilities. That will almost certainly happen," Andrew Selee, president of the nonpartisan Migration Policy Institute, said in an interview with NPR's Morning Edition.

    "But whether he'll be able to use military bases or not, or other federal facilities — and whether he will try and use the military itself, and that would require going back to the Alien and Sedition Act of 1798, and that will almost certainly be litigated in the courts," he said.

    In fact, even quickly scaling operations might be difficult for the new administration. An NPR investigation last year found that U.S. Immigrations and Customs Enforcement, the agency responsible for removals, struggled to scale up to Trump's immediate demands during his first term, which included attempts to increase deportations.

    Congress must also provide the Department of Homeland Security and other agencies with the funding to execute the policies.

    In their final budget request, the Biden administration asked for $19 billion to fund additional personnel, facilities, repatriation capabilities and other enforcement resources along the southwest border.

    Copyright 2025 NPR

    Ximena Bustillo
    Ximena Bustillo is a multi-platform reporter at NPR covering politics out of the White House and Congress on air and in print.