Inside Trump's plan for long-term immigration limits
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Lindsey Bailey/Axios
President Trump's executive orders on immigration signal a new strategy that appears aimed at boosting legal arguments for travel bans, emergency declarations and other restrictions.
Why it matters: That's the consensus among immigrant rights advocates who see Trump's strategy to dramatically restrict immigration as far more sophisticated — and potentially more successful — than his first-term efforts.
The big picture: Several of the executive orders require reports within 30 to 90 days that could used to justify new restrictions not just on immigrants, but also on foreigners who enter the U.S. as visitors or refugees.
- These reports could be used in court to document conditions the administration would cite in justifying future actions — such as country-specific travel bans, and long-term restrictions on asylum seekers, refugees or visa applicants.
One of Trump's orders called for a report into the validity of medical vetting of people from various countries. That report could set up a medical- or disease-related justification for denying entry to people from certain nations — like what was used to limit entries during the COVID-19 pandemic.
- Another report Trump demanded on the southern border could set a justification for a war-time response there, potentially invoking the only thrice-used Alien Enemies Act.
- That could allow Trump to deport those who are from an "enemy" nation.
What they're saying: "Trying to read between the lines, it does seem to lead to creating the premise for a broad travel ban that holds up in court," unlike the first Trump administration's attempted ban on those from Muslim nations, said Doris Meissner of the nonpartisan Migration Policy Institute.
Zoom Out: Trump previewed his immigration strategy on the campaign trail, but advocates say his plan for executing it — orchestrated by top Trump aide Stephen Miller — is more targeted and strategic.
- "What we're seeing here is an even more premeditated and thought-out blueprint for how to upend the U.S, immigration system by Trump and his advisers," said Nayna Gupta, policy director at the American Immigration Council.
Immigrant advocates say it's too early to act on much of what they believe Trump has planned, but they're closely watching how his policies unfold with potential legal challenges in mind.
- "We just have to wait to see how it's how it's implemented," said Aarthi Kohli, executive director of the Asian Law Center.
- Groups already have won a temporary injunction on Trump's order seeking to overturn birthright citizenship, a right guaranteed by the U.S. Constution's 14th Amendment.
- Legal analysts say that push by Trump has virtually no chance of succeeding in court or in Congress.
