On January 20 and January 29, 2025, former President Donald Trump signed multiple executive orders that primarily target immigration, border security, and national security. These orders introduce sweeping changes to existing immigration policies, including the declaration of an invasion, the elimination of birthright citizenship for certain children, the preparation for domestic military deployment, expanded migrant detention facilities, and heightened restrictions on criticism of the government. 

For immigrants—whether documented or undocumented—these new policies could have serious consequences. Understanding these changes and their legal impact is crucial for anyone navigating the U.S. immigration system. Below, we break down the key provisions of these executive orders, their potential impact on immigrants, and what steps individuals can take to protect their rights.

1. Declaring an “Invasion” at the Southern Border

One of the most controversial executive orders signed on January 20 declares that mass illegal immigration constitutes an “invasion” under Article IV, Section 4 of the U.S. Constitution. This section mandates that the federal government protect states from invasion, but its historical application has focused on military threats—not migration. 

How This Order Affects Immigrants 

  • Stronger Border Enforcement: The federal government is likely to increase border patrol activity, leading to faster deportations and stricter asylum policies. 
  • Increased Expulsions: The government could justify removing undocumented immigrants from the U.S. under the premise that they are part of an “invasion.” 
  • Legal Challenges Expected: Immigration advocates and civil rights groups are expected to challenge the legality of using constitutional “invasion” language to restrict immigration. 

What You Can Do 

  • If you are undocumented and already in the U.S., consider seeking legal assistance to determine if you qualify for any relief, such as asylum, TPS, or DACA (if applicable). 
  • Avoid risky border crossings. Enhanced enforcement may increase dangers at the border, leading to more detentions and deportations.

2. Ending Birthright Citizenship for Certain Children

Trump’s executive order on January 20 limits birthright citizenship by denying U.S. citizenship to children born in the U.S. if their parents were either undocumented or temporary visitors. This marks a dramatic shift from the long-standing interpretation of the 14th Amendment, which grants citizenship to “all persons born or naturalized in the United States.” 

Who Is Affected? 

  • Children of undocumented parents will no longer receive automatic U.S. citizenship. 
  • Children of temporary visa holders (such as tourists, students, and temporary workers) will also be denied citizenship unless one parent is a U.S. citizen or lawful permanent resident. 

What This Means for Families 

  • This policy could lead to stateless children if they are not granted citizenship in their parents’ home country. 
  • It will likely face legal challenges as it contradicts over a century of legal precedent. 

What You Can Do 

  • If you are an undocumented parent expecting a child, consult an immigration attorney immediately. 
  • For families already in the U.S., explore legal options for securing lawful status or citizenship through other avenues. 

3. Preparing for Domestic Military Deployment

The executive order mandates that U.S. Northern Command (USNORTHCOM) develop a plan for domestic military deployment to secure the border and address immigration-related concerns, including human smuggling and drug trafficking. 

How This Affects Immigrants 

  • Increased surveillance and law enforcement presence at border areas and in major immigrant communities. 
  • Possible collaboration between military forces and ICE to enforce immigration laws, leading to more raids, arrests, and deportations. 
  • Potential violations of civil liberties due to military involvement in domestic law enforcement. 

What You Can Do 

  • If you are undocumented, avoid unnecessary travel near the border. 
  • Know your rights. If confronted by authorities, remember:  
  • You have the right to remain silent. 
  • You do not have to open your door unless officers have a warrant. 
  • You have the right to an attorney. 

4. Expansion of Migrant Detention at Guantanamo Bay

The executive order issued on January 29 calls for expanding the Migrant Operations Center at Guantanamo Bay to detain high-priority criminal aliens and others deemed immigration enforcement risks. 

Why This Matters 

  • The Guantanamo Bay facility has historically been used for national security threats, raising concerns about human rights violations if used for immigration enforcement. 
  • Immigrants sent to this facility may face long-term detention with limited legal access. 
  • The order suggests increased deportations and detentions of undocumented individuals, even those without criminal records. 

What You Can Do 

  • If you are facing deportation, seek immediate legal representation. 
  • For asylum seekers, be aware of your rights and options for appeal if detained. 

Suppressing Criticism of Government & Tightening National Security Measures

Two executive orders aim to tighten visa screenings and limit foreign nationals’ ability to criticize the government. 

Key Points 

  • Stricter visa application screenings for potential “threats” to the U.S. 
  • Increased monitoring of immigrants’ political activity, especially social media use. 
  • Potential penalties for immigrants expressing criticism of U.S. policies, even if peaceful. 

What This Means for Immigrants 

  • Non-citizens, including green card holders, may be at risk for visa revocation if they are deemed critical of the government. 
  • Increased restrictions on free speech and activism for immigrants and visa holders. 

What You Can Do 

  • Be mindful of your social media activity, public statements, and participation in political protests. 
  • If you face visa denials or threats of deportation due to political speech, consult an immigration attorney. 

Conclusion: What Steps Should Immigrants Take Now? 

Trump’s latest executive orders signal major changes in immigration policy, stricter border enforcement, and heightened national security measures. These policies are expected to face legal challenges, but in the meantime, immigrants should take proactive steps to protect themselves and their families. 

Immediate Actions: 

✅ Consult an Immigration Lawyer: If you or a loved one is undocumented or affected by these policies, seek legal guidance immediately.
✅ Know Your Rights: Keep a “Know Your Rights” card and be prepared for interactions with immigration officials.
✅ Avoid Travel Risks: If you are undocumented or in legal limbo, avoid unnecessary travel, especially near the border.
✅ Secure Your Documentation: Ensure that your immigration paperwork, employment authorization, and visas are up to date.
✅ Stay Informed: Follow reliable immigration news sources for updates on legal challenges and policy changes. 

Despite these new restrictions, immigrants still have rights and legal avenues to seek protection and relief. If you are impacted by these executive orders, seeking legal assistance and community support can help navigate these uncertain times.