President-elect Donald Trump is poised to invoke broad presidential powers to implement a sweeping overhaul of U.S. immigration and border policies following his inauguration on Monday. The incoming administration has outlined plans that include deploying the military for border enforcement, designating cartels and gangs as terrorist organizations, halting asylum and refugee admissions, and attempting to end birthright citizenship.
Trump is expected to sign approximately 10 executive orders on his first day in office, initiating measures that are likely to face substantial legal challenges. Officials from the incoming administration shared details of the planned actions during a press briefing on Monday morning.
Key Executive Actions on Immigration and Border Policy
Declaration of a National Emergency for Military Border Enforcement
Trump intends to declare a national emergency at the southern border, directing the Department of Defense to intensify military involvement. The plan includes deploying additional troops to bolster border enforcement. Historically, the U.S. military’s role at the U.S.-Mexico border has primarily been to support Customs and Border Protection operations.
Ending Asylum and Resuming Border Wall Construction
The administration will restart construction of the U.S.-Mexico border wall, reviving a multi-billion-dollar project that was halted under President Biden. Approximately 450 miles of barriers were built during Trump’s first term.
Federal agencies will also reinstate the “Remain in Mexico” policy, requiring asylum seekers to wait in Mexico for their U.S. hearings. This measure would require Mexico’s cooperation, which has not yet been publicly confirmed.
Additionally, Trump plans to invoke presidential authority to end asylum through a proclamation, expediting deportations at the southern border. Current Biden-era rules already disqualify most migrants crossing the border illegally from asylum eligibility, contributing to a recent decline in illegal border crossings.
Labeling Gangs and Cartels as Terrorist Organizations
The administration will designate international gangs and drug cartels, such as MS-13 and the Venezuelan Tren de Aragua, as foreign terrorist organizations. Officials argue that these groups control much of the illicit movement of migrants and drugs across the border.
The incoming administration plans to invoke the Alien and Sedition Act of 1798 to remove members of the Tren de Aragua gang, describing them as an “armed force of the Venezuelan government” conducting predatory incursions into the U.S.
Attempt to End Birthright Citizenship
Trump intends to challenge birthright citizenship, aiming to deny citizenship to children born in the U.S. to parents who are in the country illegally. The U.S. government has historically interpreted the 14th Amendment to grant citizenship to all individuals born on American soil, regardless of their parents’ immigration status. The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Suspension of Refugee Admissions
The administration plans to pause refugee admissions for at least four months. The U.S. Refugee Admissions Program, which allows individuals fleeing persecution to enter legally after extensive vetting, had been rebuilt under the Biden administration following sharp declines during Trump’s previous term.
Reversing Biden Immigration Policies
Trump plans to dismantle Biden-era immigration initiatives, including a mobile app, CBP One, that facilitates asylum applications for migrants in Mexico, and a program allowing migrants from specific countries with American sponsors to legally fly to the U.S. These measures were designed to reduce illegal crossings by offering legal alternatives.
An estimated 270,000 migrants in Mexico are currently awaiting appointments to enter the U.S. through CBP One, according to government data.
Additional Measures
The administration plans to direct the attorney general to seek the death penalty for unauthorized immigrants convicted of murdering law enforcement officers or committing capital crimes. Agencies will also be tasked with proposing further restrictions on immigration from countries deemed to be of “particular concern.”