Key Updates
Summary
This Order directs executive departments and agencies to enforce final orders of removal (deportation orders), directs the Secretary of Homeland Security to ensure efficient and expedited removal of those who have not been admitted or paroled into the U.S. and do not qualify for asylum, and directs the Attorney General, the Secretary of State and the Secretary of Homeland Security to prioritize the prosecution of criminal offenses related to the “unauthorized entry or continued unauthorized presence” in the United States. It also orders that all available resources be allocated to create facilities to detain those to be removed.
The Order establishes Federal Homeland Security Task Forces (HSTFs) in every state comprised of law enforcement officers or agencies to provide logistical and operational support to fulfill these objectives of removal and criminal prosecution and permits the Secretary of Homeland Security to authorize state and local law enforcement officials to perform the functions of immigration officers.
The Order limits sanctuary jurisdictions’ access to federal funds and directs a review of all federal funding to organizations providing services to those who are removable or undocumented, pauses distribution of future funds pending the outcome of the review, and authorizes the termination of agreements deemed in violation of law and initiation of clawback or recoupment procedures.
The Order further authorizes the Secretary of State and Secretary of Homeland Security to implement sanctions on countries that do not cooperate with the United States in accepting their nationals subject to removal from the U.S. and eliminate all barriers preventing “prompt repatriation” of these individuals; directs that Temporary Protected Status (TPS) designations be limited, and that employment authorization is not provided to anyone who is not authorized to be in the United States; and directs the Director of the Office of Management and Budget to ensure that all agencies cease providing public benefits to those not authorized to receive them.
Legal Challenges
| Date Complaint Filed | January 22, 2025 |
| Venue | U.S. District Court for the District of Columbia |
| Summary |
Trump’s executive order instructs the DHS Secretary to expand the use of expedited removal (ER). DHS issued a new rule on January 21, 2025, expanding the reach of ER to individuals anywhere in the country who cannot prove they have been continuously present in the U.S. for more than two years. Plaintiff Make the Road New York sues several Defendants: DHS Secretary Huffman, ICE Director Vitello, USCIS Director Higgins, U.S. Attorney General McHenry, and CBP Commissioner Flores. Plaintiff argues that the Rule violates the APA, the INA, and the Due Process Clause of the Fifth Amendment. Plaintiffs ask the court to declare the Rule unconstitutional, vacate the Rule, enjoin and stay Defendants from continuing to apply the Rule to the expanded scope of individuals, and award attorneys’ fees. |
| Date Complaint Filed | January 24, 2025 |
| Venue | U.S. District Court for the Northern District of Illinois |
| Summary |
Trump’s executive order instructs the Attorney General and the DHS Secretary to evaluate and undertake any lawful actions, criminal or civil, they deem warranted based on any sanctuary jurisdiction’s practices that interfere with the enforcement of federal law. The DOJ’s February 5, 2025 memorandum, “Sanctuary Jurisdiction Directives,” confirms that the DOJ’s Civil Division will identify and, where appropriate, take legal action to challenge state and local laws, policies, or practices that facilitate violations of federal immigration laws or impede federal immigration operations. Plaintiffs in this lawsuit are several Chicago-based immigrants and workers’ rights organizations. Defendants in the lawsuit are former DHS Secretary Huffman, USCIS Director Vitello, and ICE. Plaintiffs argue that the federal government’s actions violate the First Amendment and the Administrative Procedure Act. Plaintiffs ask for a declaration that the federal government’s actions are a violation of the First Amendment, a permanent injunction enjoining Defendants from engaging in such actions, and an order setting aside Defendant’s policy of threatening or executing immigration raids in Chicago for the purpose of destroying the Sanctuary City Movement in Chicago. |
| Case Updates | Case dismissed without prejudice February 27, 2025 following Plaintiffs’ Notice of Voluntary Dismissal. |
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