What is an executive order? Here's what Trump can and can't do with them
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President-elect Trump is expected to launch his second term with a slew of executive orders as soon as Day 1 in office.
The big picture: Trump, with more support from Republicans and voters than in his first term, has expressed every intention of using executive power to address the border and immigration.
- Axios reported Monday that Trump was expected to bring as many as 200 executive actions, including orders.
- Trump's first-day actions were expected to include declaring an emergency at the U.S.-Mexico border, Jan. 6 pardons and a TikTok reprieve after the popular app briefly went dark over the weekend.
Zoom out: Trump issued more than 220 executive orders during his first term — the most in a single term since former President Carter.
- President Biden had signed 155 executive orders as of last week.
What is an executive order?
This directive is a signed, consecutively numbered official document through which the president manages the operations of the federal government, per the National Archives.
- Such an order directs a federal official or administrative agency to engage in a course of action or refrain from a course of action.
- Some executive orders can take effect immediately, while others require time for a federal agency to take action.
Between the lines: An executive order is enforceable as long as the action is within the president's Constitutional authority.
What can't an executive order do?
A president can't issue a new law if it surpasses the power given to them by the Constitution or Congress.
- Executive orders that require action by an agency are subject to the federal Administrative Procedure Act, which requires a public comment period for new rules and does not allow rules deemed "arbitrary and capricious."
Can an executive order be revoked?
Yes, a president who issued the executive order can revoke it.
- An incumbent president also has the power to nix an executive order issued by their predecessor — as Biden did in early 2021 when he revoked several executive orders issued during the Trump administration.
- Congress, too, has the power to overturn an executive order by passing legislation that invalidates it, according to the American Bar Association. The president can veto the legislation, but Congress can override that with a two-thirds majority.
- Congress can also halt an executive order from taking effect by denying necessary funding for an action.
Courts, too, have the power to stay enforcement or ultimately overturn an executive order that is found to be beyond the president's constitutional authority.
- For example, a judge in January 2020 blocked Trump's executive order that allowed state and local governments to refuse accepting refugee resettlements.
- The ruling was upheld by a federal appeals court a year later.
Go deeper: Trump's 100 executive orders
Editor's note: This story has been updated with additional developments.
