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Legal Alert

President Trump Issues Immigration-Related Executive Orders

1.27.17

Making good on some of his campaign promises, President Trump signed two executive orders relating to immigration on January 25, 2017.  He is expected to sign several more within the next few days. 

The January 25 orders are entitled “Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements.” The purpose of the first is to enforce U.S. immigration laws, and the second is to use all resources to secure the U.S.-Mexico border and repatriate those individuals who are in the U.S. without legal status.

The signed orders are summarized below:

Border Security and Immigration Enforcement Improvements

This order directs the U.S. Department of Homeland Security (DHS) to:

This order is aimed at attempting to stem the surge of immigration at the U.S.-Mexico border by foreign nationals who do not have proper documentation. Where the funding for the wall will come from is unclear at this point.

Enhancing Public Safety in the Interior of the United States

This order directs executive departments and agencies to ensure “faithful execution” of U.S. immigration laws. The DHS is required to:

The order references the potential threat to national security and public safety posed by foreign nationals who illegally enter the U.S. or overstay or violate the terms of their visas and is aimed at improving security and safety within the U.S. borders. 

Executive Orders Drafted But Not Yet Signed

Several executive orders have been drafted and are in review awaiting President Trump’s signature. Based on a review of leaked copies, these orders will require the applicable agencies to:

There are likely to be revisions made to the pending orders, so the final versions may contain substantial changes. if they are issued at all.

Conclusion

We will continue to monitor the status of all immigration-related executive order activity and publish updates as additional action is taken by the Trump White House. We also will watch and report on actions taken by the DHS as they implement these orders, especially as they impact employers.

If you have any questions about this new form or how it may affect your business, please contact any member of our Global Immigration Practice Group, or your regular Fisher Phillips attorney.


This Legal Alert provides an overview of recent executive action. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

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