• January 25, 2017 – Executive Order: Border Security and Immigration Enforcement Improvements

Signed on January 25, 2017, this Executive Order calls for funding of a costly border between the U.S. and Mexico; curtails the due process of asylum seekers; calls for the detention of all persons attempting to enter the United States and all persons in removal proceedings; directs the Department of Homeland Security to immediately construct detention facilities at or near the southern border; limits the use of parole; expands the use of “expedited removal” to anyone in the United States who cannot prove s/he has lived here for at least two years; and prioritizes the criminal prosecution of unlawful entry into the United States.

• January 25, 2017 – Executive Order: Enhancing Public Safety in the Interior of the United States

This Executive Order mainly empowers law enforcement agencies to pursue the removal of all undocumented immigrants (without exception), non-citizens who are security risks, non-citizens with criminal convictions, and individuals with final orders of removal. It rescinds the Priority Enforcement Program (PEP), directs Immigration and Customs Enforcement to hire 10,000 officials to enforce the order, and restores the 287(g) program that allows local law enforcement to enforce immigration laws. The order also calls for actions to be taken against sanctuary cities and jurisdictions that refuse to comply with the enforcement of these laws, but these actions remain undefined (and arguably, unconstitutional).

At the crux of it all, the Trump Administration is calling for law enforcement officials to assist with the removal of everyone who has no immigration status, particularly if they have committed crimes or have final orders of removal. It remains unclear how the priority removal of every undocumented individual coincides with deferred action and DACA program, which currently remains in place, but may be rescinded.

In sanctuary jurisdictions such as California, local law enforcement is prohibited by state law (the TRUST Act), from holding undocumented immigrants at the request of federal authorities, unless they have committed “serious” or “violent” crimes. Early reports indicate that most state officials will continue to act in accordance with the spirit of the TRUST Act, and the state is looking into ways in which it can protect all non-U.S. citizens.

• January 27, 2017 – Executive Order: “Protecting the Nation from Terrorist Attacks by Foreign Nationals

This Executive Order suspends the U.S. refugee resettlement program for 120 days, with certain exceptions; suspends the admission of Syrian refugees for an undefined period; and suspends entry of lawful permanent residents, refugees, and non-immigrants, such as visitors and students, from certain Muslim-majority countries (Iran, Iraq, Yemen, Syria, Sudan, Libya and Somalia) for at least 90 days.

Currently, non-U.S. citizens from the seven countries above have been banned from traveling to the United States, hundreds of travelers have been detained, and many have had their visa interviews cancelled. Green card holders from these countries continue to be interrogated at ports of entry around the country, despite assurances from the Trump Administration that this ban does not apply to them. Several courts have issued injunctions against the executive order, but thus far, the executive branch has not complied with the courts.