Trump Executive Order Tracker | Akin Public Policy and Lobbying

Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border (Trump EO Tracker)

March 06, 2025

Reading Time : 4 min
Trump Executive Order Tracker | Akin Public Policy and Lobbying

Key Updates

Summary

On February 1, President Trump signed executive orders imposing additional tariffs on Canada, Mexico, and China under the International Emergency Economic Powers Act (IEEPA) in response to an emergency declared at the border related to fentanyl, drug trafficking, and illegal immigration concerns. As to Canada, the order provides the following:

  • Legal basis: International Emergency Economic Powers Act (IEEPA) (Order)
  • Rate: The order confirms 25% on “all articles that are products of Canada” as defined in a forthcoming Federal Register (FR) notice, except 10% “energy or energy resources” defined in the same forthcoming FR notice.  Sections 2(a), (b).
  • Timing: The tariff applies to “goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on February 4, 2025, except that goods entered for consumption, or withdrawn from warehouse for consumption, after such time that were loaded onto a vessel at the port of loading or in transit on the final mode of transport prior to entry into the United States before 12:01 a.m. eastern time on February 1, 2025, shall not be subject to such additional duty, only if the importer certifies to CBP as specified in the Federal Register notice.” Sections 2(a), (b).
  • Other important details:
    • The order confirms that rates are cumulative with all other tariffs that would apply to the imported goods.  Section 2(c).
    • No de minimis treatment will be available for shipments under $800 under 19 USC 1321. Section 2(h).
    • No drawback will be available for these duties (but drawback is otherwise still available). Section 2(g).
    • Duty inversion benefits will not be available for the duties under this order with respect to merchandise entered into the United States from foreign trade zones. Section 2(f).
    • No exclusions/exemptions, including for USMCA originating goods, except a very narrow category of items expressly exempted from the President’s authorities under IEEPA in 50 USC 1702(b). Those items include communications, donations intended to relieve human suffering, certain “informational materials,” and “transactions ordinarily incident to travel” like personal baggage.  Section 2(j).
  • The order also states that if Canada retaliates, “the President may increase or expand in scope the duties imposed under this order to ensure the efficacy of this action.”  Section 2(d).

Retaliatory Actions

Canada has announced retaliation against the U.S. action. Specifically, Prime Minister Justin Trudeau announced retaliatory tariff and non-tariff measures. 

  • Tariff amounts: 25% tariffs on $155 billion worth of American goods, enacted in two stages (see below).
  • Scope of tariffs: More details are awaited, with initial scope summarized below.  The tariffs are applied to U.S. origin products, consistent with Canada’s USMCA marking rules.
    • Day 1: Immediate tariffs on $30 billion worth of U.S. products as of Tuesday, February 4th.  The announcement indicated that Day 1 targets will include (but not be limited to) the following categories: orange juice, peanut butter, wine, spirits, beer, coffee, appliances, apparel, footwear, motorcycles, cosmetics, and pulp and paper.   HS codes to which the tariffs apply are listed in an Order-in-Council.
    • Day 21: Further tariffs on $125 billion worth of U.S. products starting Sunday, February 21st, to allow Canadian companies and supply chains to find alternatives.  These will be subject to a public consultation process.  Day 21 targets will include (but not be limited to): passenger vehicles and trucks, including electric vehicles, steel and aluminum products, certain fruits and vegetables, aerospace products, beef, pork, dairy, trucks and buses, recreational vehicles, and recreational boats.
  • Additional measures: Canada is also considering several non-tariff measures, including some related to critical minerals, energy, and other partnerships. Certain non-tariff measures have already been announced by provinces. Nova Scotia announced earlier today that it was doubling the cost of tolls at the Cobequid Pass for commercial vehicles entering from the U.S., removing all U.S. alcohol from provincial liquor stores, and promising to cancel existing contracts with U.S. firms and limiting access for provincial procurement for American businesses. British Columbia announced similar measures on U.S. alcohol and provincial procurement opportunities.

Additional Documentation

Share This Insight

Related Content

Trump Executive Order Tracker

The significant number of executive orders published by the Trump Administration cut across dozens of industries and areas of law. This searchable tool breaks down the orders and their impacts on specific industries and with in-depth analysis of specific orders.

Previous Entries

Trump Executive Order Tracker

April 24, 2025

The Order institutes a new Civil Service Rule XI to ensure agencies effectively utilize probationary and trial periods. Civil Service Rule XI supersedes subpart H and requires agencies to affirmatively determine that the continued employment of individuals serving probationary or trial periods would benefit the federal service before the appointment is finalized. Civil Service Rule II is amended by removing section 2.4 of part 2 of title 5, Code of Federal Regulations. The rule determines the meaning of a probationary and trial period and sets guidance for assessment at the end of the trial or probationary period. At the completion of the period, the employee will either be terminated from their agency or certified as an appointment that advances public interest. The Order is effective immediately, and the requirements will become effective 90 days from April 24, 2025. 

...

Read More

Trump Executive Order Tracker

April 23, 2025

The Order seeks to promote artificial intelligence (AI) literacy and proficiency among Americans through integration of AI into education, providing training for educators, and fostering early exposure to AI concepts and technology to develop an AI- ready workforce. The Order establishes a new interagency White House Task Force on Artificial Intelligence Education to implement policies related to AI education and to establish public-private partnerships to develop online resources focused on teaching K-12 students foundational AI literacy and critical thinking skills. Directs the Secretary of Education to prioritize use of AI in discretionary grant programs for teacher training and the Secretary of Labor to increase participation in AI-related Registered Apprenticeships. 

...

Read More

Trump Executive Order Tracker

April 23, 2025

Seeks to optimize and target federal investments in workforce development to align with U.S. reindustrialization needs and equip American workers to fill demand for skilled trades and other occupations. The Order requires the Secretaries of Labor, Commerce, and Education to conduct a review of federal workforce development programs and to submit a plan on expanding registered apprenticeships to new industries and occupations to reach and surpass 1 million new active apprentices.

...

Read More

Trump Executive Order Tracker

April 23, 2025

Requires the Secretary of Education to hold accreditors accountable who fail to meet the applicable recognition criteria or otherwise violate Federal law, including by requiring accreditation seeking institutions to engage in diversity, equity, and inclusion practices through denial, monitoring, suspension, or termination of accreditation recognition. The Attorney General and Secretary of Education will investigate unlawful discrimination by American law schools advanced by the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar, and will also investigate, in conjunction with the Secretary of Health and Human Services, unlawful discrimination by American medical schools advanced by graduate medical education accreditors. Additionally, the Order institutes new principles of student-oriented accreditation, to realign with high-quality, valuable, education for students.

...

Read More

Trump Executive Order Tracker

April 23, 2025

The Order states that the Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful “equity” ideology. Requires the Secretary of Education, in consultation with the Attorney General, to implement new guidance to local educational agencies and State educational agencies regarding school discipline and an obligation not to engage in racial discrimination under Title VI in all contexts, including school discipline. Directs the Secretary of Defense to issue a revised school discipline code to protect and enhance the education of the children of America’s military-service families.

...

Read More

Trump Executive Order Tracker

April 23, 2025

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads to unequal outcomes for different groups. The policy is scrutinized for its potential to have a disproportionately negative impact on protected groups, regardless of any intent to discriminate. The Presidential approval of July 25, 1966, of the Department of Justice Title VI regulations (31 Fed. Reg. 10269), as applied to 28 C.F.R. 42.104(b)(2) in full and the Presidential approval of July 5, 1973, of the Department of Justice Title VI regulations (38 Fed. Reg. 17955, FR Doc. 73-13407), as applied to the words “or effect” in both places they appear in 28 C.F.R. 42.104(b)(3), and as applied to 28 C.F.R. 42.104(b)(6)(ii) and 28 C.F.R. 42.104(c)(2) in full are revoked. Within 45 days of the Order the Attorney General and the Chair of the Equal Employment Opportunity Commission shall assess all pending investigations, civil suits, or positions taken in ongoing matters under every federal civil rights law that relies on disparate-impact liability theory. Agencies responsible for enforcement of the Equal Credit Opportunity Act must evaluate pending proceedings relying on this theory within 45 days, and all agencies must evaluate existing judgements relying on the theory within 90 days.

...

Read More

Trump Executive Order Tracker

April 23, 2025

The Order requires the Secretary of Education to take all appropriate actions to ensure complete and timely disclosure by higher education institutions of foreign funding. The Secretary will take appropriate steps to reverse or rescind any actions by the prior administration that permit higher education institutions to maintain improper secrecy regarding their foreign funding and require universities to disclose specific details about foreign funding. Audits and investigations will be conducted where appropriate to ensure compliance.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.