The Fight for Justice: Resisting the Latest Anti-Immigrant Policies

Since his return to office, President Trump has unleashed a series of cruel and often unconstitutional executive orders, proclamations, and memoranda aimed at tearing apart immigrant families, stripping away rights, and making life even harder for those seeking safety and opportunity in the United States. These directives attack fundamental human rights and the very principles that America was built upon.

Make no mistake—these policies are designed to instill fear, block pathways to legal status, and make it nearly impossible for immigrants to live with dignity. But here’s the truth: executive orders are not laws. Many of these actions are already facing legal challenges, and we are committed to fighting back every step of the way.

In this blog, we outline the immigration-related Executive Orders President Trump has issued so far and what they mean for our clients.

Executive Order 14160: Protecting the Meaning and Value of American Citizenship

This executive order aims to end birthright citizenship for children born in the U.S. to non-citizen parents. This order reinterprets the 14th Amendment’s Citizenship Clause, stating that individuals born to parents who are neither U.S. citizens nor lawful permanent residents are not automatically granted citizenship. According to the order, to acquire U.S. citizenship, one parent must be a Lawful Permanent Resident or U.S. citizen. The order was set to take effect on February 19, 2025.

If implemented, this order could affect families where children are born in the U.S. to parents without permanent legal status, potentially denying these children citizenship rights and even leaving them undocumented or stateless. USCIS has yet to provide guidance on how a child’s nationality will be determined and how it will impact their immigration status.

Although set to take effect on February 19th, it has been blocked by a federal judge due to constitutional concerns.

Client Impact

We truly don’t believe this will ever go into effect. However, if it does, it will not be retroactive. That is, everyone who is currently a U.S. citizen will remain one—no one’s citizenship will be taken away. If it goes into effect, it would remove the ability of a child born in the U.S. to undocumented parents to petition for them once they turn 21—a very long way in the future. It would also make documentation of these children difficult, as the nationality of these children could be difficult to ascertain.

Executive Order 14165: Securing Our Borders

This executive order aims to intensify border security to prevent unlawful border crossings at the southern border by using armed forces, added physical barriers, and unmanned aerial systems.  

The order also requires the Department of Homeland Security to use technology to confirm familial ties between foreign nationals. 

Additionally, the order terminates the CBP One app, which allows asylum seekers to request appointments to formally request asylum. Even with the app, seeking asylum at the southern border was already extremely limited and difficult and the app’s suspension leaves thousands of asylum seekers without a path forward.

Lastly, the order terminates humanitarian parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans.

This will lead to increased wait times and intensified scrutiny at ports of entry for immigrants seeking to cross the southern border. Foreign nationals will most likely have to prepare to show extensive documentation to prove their relationship with their dependents.

Client Impact

This was heartbreaking for people who had parole cases pending and the foreign national couldn’t enter the U.S. on time. For those who entered with parole, the parole status is currently valid. However, the administration has discussed canceling parole status at a future date, making everyone who entered suddenly unlawful. 

If you entered on parole, it’s highly recommended that you talk with an experienced immigration attorney to see what other options might be available—maybe there’s a way to get residence through family, apply for asylum, or some other pathway to status. It’s good to have a backup plan right now.

Proclamation: Declaring a National Emergency at the Southern Border of the United States

To reinforce the Securing Our Borders executive order, President Trump also signed a proclamation declaring a national emergency that allows for federal funds to be used to enhance border security measures, including the deployment of military personnel and the construction of additional barriers.

This will lead to increased border enforcement activities, potentially affecting individuals seeking asylum or involved in family reunification processes at the border.

Client Impact

Since our firm is in Atlanta, far from the border, we don’t see this impacting our client population directly. However, this proclamation takes away much-needed resources and diverts them to the border. For example, Department of Justice attorneys are now being told to focus on unlawful re-entry prosecutions instead of focusing on prosecuting drug crimes and violent offenders.

Executive Order 14161: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats

This executive order requires stricter vetting procedures for those applying for U.S. visas. This includes more comprehensive background checks and additional documentation requirements to determine applicants’ eligibility and potential security risks. In his first term, we saw those applying for visas being more thoroughly questioned and searched during their interviews, such as having to provide all of their social media information or even have more intense security measures when entering the buildings where interviews and other appointments are held.

As a result, applicants for family-based or humanitarian visas may experience longer processing times and increased scrutiny, potentially delaying reunification efforts.

Client Impact

We haven’t seen this come into play yet, but when there was “extreme vetting” under the prior Trump administration, it delayed visa processing significantly. Visa applicants will need to be prepared to provide all phone numbers, emails, and social media accounts ever used as a part of their immigration process.

Proclamation: Guaranteeing the States Protections Against Invasion

This proclamation declares an “invasion” of migrants at the southern border. As a result, it invokes Article IV of the Constitution, which prohibits the entry of any person at the southern border—including asylum seekers. This allows the government to admit migrants on a case-by-case basis, rather than on the overarching umbrella of eligibility.

The order also revokes President Biden’s executive order Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration (EO 14013), which previously aimed to enhance refugee resettlement programs and address climate-related migration.

As a result, asylum seekers and other migrants will be blocked at the southern border and denied entry. This will cause significant delays and complications for those seeking humanitarian protection, such as asylum, parole, and TPS. 

Legal challenges and litigation are expected since the executive order directly conflicts with the Immigration and Nationality Act’s guarantee of access to asylum.

Client Impact

This doesn’t impact our clients directly. But it is heartbreaking to see that the asylum-seeking community—those fleeing conditions many of us cannot imagine—are being punished for simply asking for help. It hurts the overall morale of anyone who believes in justice and humanity.

Executive Order 14159: Protecting the American People Against Invasion

This executive order authorizes the deployment of military personnel to help with immigration enforcement at the U.S. southern border. This includes support for border security operations and assistance in the detention and deportation processes. 

The order also targets sanctuary cities and states that refuse to comply with federal immigration law or assist ICE with targeting undocumented communities.

Additionally, the order expands the use of expedited removal as outlined in the Immigration and Nationality Act to include noncitizens anywhere in the U.S. who cannot show that they have been in the U.S. for more than two years.

Lastly, the order halted funding for four government programs that provide legal resources to unrepresented people in deportation proceedings, leaving detained immigrants without legal representation.

As a result, immigration will be seen as a military issue, rather than a humanitarian one. There will most likely be heightened enforcement actions that will intensify the already inhumane conditions we see at the border and in areas with large immigrant communities and greatly affect those attempting to cross the southern border.

Client Impact

This order is likely to be abused by ICE agents. All they need is suspicion of someone not entering lawfully and not being here for two years to put them on a plane and deport them. There is no right to see a judge if this happens. 

Over two-thirds of the immigrant population has lived in the US for over ten years. We advise undocumented clients to carry proof that they’ve been in the US for more than two years. This can be a variety of documents—medical records, leases, tax returns, pay statements, etc. All it needs to show is a date and name. Having this documentation on you (or a digital copy on your phone) can protect you against expedited removal.

Memorandum: Expanding Migrant Operations Center at Naval Station Guantánamo Bay to Full Capacity

This memorandum expands immigrant detention facilities at the Guantánamo Bay naval base in Cuba, aiming to detain up to 30,000 migrants. The facility is intended for temporary holding of deported immigrants, particularly those with criminal records or related to national security concerns.

This decision goes back to previous attempts from the Obama administration to close the detention facility due to human rights concerns. Immigrants being detained at an offshore facility will certainly raise several issues, especially with legal representation and access to due process for those in the immigration process.

Client Impact

There hasn’t been guidance issued on who will be considered enough of a risk to be sent to Guantanamo Bay. We know that immigrants recently arrived there, but the camp is not ready for a large number of detainees. While we don’t handle detained work at Hope Immigration, we know removing people so far away from legal assistance is indefensible.

Executive Order 14157: Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists 

This executive order directs the Department of State to deem gangs such as MS-13, Barrio 18, and Tren de Aragua as foreign terrorist organizations. This allows for the use of counterterrorism measures, such as sanctions, freezing assets, and imposing travel bans against these groups and individuals associated with them.

Immigrants from regions affected by these gangs may face additional scrutiny during immigration proceedings, particularly if there are concerns about associations or coerced involvement with these groups.

Executive Order 14163: Realigning the United States Refugee Admissions Program (USRAP)

This executive order suspends the U.S. Refugee Admissions Program for at least four months while the Trump administration conducts a comprehensive review. The suspension is so that the enhanced security measures and policy reforms can be implemented.

Those seeking refuge in the U.S. due to persecution or humanitarian crises may face delays or denials in their applications during the suspension period.

Client Impact

We have clients with asylum status who are petitioning to bring their loved ones to the US. This pause or “ban” will only prolong their separation and suffering. 

Executive Order 14148: Initial Rescissions of Harmful Executive Orders and Actions

This executive order rescinded seventy-eight executive orders and presidential memoranda signed during the Biden administration, including several related to immigration.

The immigration-related presidential actions included:

  • Executive Order 13993: Revision of Civil Immigration Enforcement Policies and Priorities.
  • Executive Order 14010: Creating a Comprehensive Regional Framework To
  • Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.
  • Executive Order 14011: Establishment of Interagency Task Force on the Reunification of Families.
  • Executive Order 14012: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.
  • Executive Order 14013: Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.
Client Impact

Each of these rescissions is painful. However, the most important topic pertains to ICE and their authority to arrest and detain people. Under the prior administration, there were clear priorities as to who ICE should target—with an undocumented population of around 13 million and immigration detention facilities only able to hold 37,000 people, there is no way that ICE could detain everyone they encountered. Their focus had been on arresting violent criminals, those who posed a threat to national security, and recent entrants. Now, ICE has no priorities—except to say everyone is a priority. It doesn’t matter if you raped a child or if you’re a grandmother fighting leukemia—if you don’t have status, it’s all the same to ICE now.

We also know that ICE now has more freedom to try and apprehend people at schools, places of worship, shelters, and courts. Thankfully, people are asserting their rights and not allowing ICE into these private spaces without a judicial warrant. 

Fighting Back: Our Commitment to You

These policies are not just legal overreach; they are acts of cruelty. They are designed to create fear, instability, and division. But we refuse to stand by while families are torn apart and people seeking safety are turned away.

At Hope Immigration, we believe in justice, dignity, and the right of every person to seek a better life. We are ready to fight in court, in the streets, and through every legal avenue available to us. Our team is here to stand by you, to challenge these unconstitutional policies, and to ensure that your voice is heard.

If you or your loved ones are impacted by these executive orders, do not lose hope. We are here to help. Contact us today, and let’s fight this together.

Sources

Leave a Comment

Your email address will not be published. Required fields are marked *