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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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Exciting news for fully vaccinated travelers from Mexico and Canada! The United States Customs and Border Protection (CBP) recently published a notice in the Federal Register announcing that the United States will be lifting travel restrictions on nonessential travel for Canadian and Mexican nationals who have been fully vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention) so that they may enter the United States at land ports of entry along the United States/Canada and United States/Mexico border.

Further, Secretary of Homeland Security Alejandro Mayorkas has said that the new measures have been made to align “with the new international air travel system that will be implemented in November.” According to Mayorkas the United States, “will begin allowing travelers from Mexico and Canada who are fully vaccinated for COVID-19 to enter the United States for non-essential purposes, including to visit friends and family or for tourism, via land and ferry border crossings.” This will be a significant step in reopening the economy as “cross-border travel creates significant economic activity in [U.S.] border communities and benefits our broader economy.”

These new measures will occur in two phases over the next few months.  First, in November, U.S. Customs and Border Protection (CBP) will begin allowing fully vaccinated travelers from Mexico or Canada to enter the United States at land and ferry ports of entry for non-essential reasons. Travelers will be required to have appropriate paperwork that provides proof of vaccination. Individuals who have not been fully vaccinated for COVID-19 will not be allowed to travel for non-essential purposes from Canada and Mexico into the United States via land and ferry ports of entry.

Second, beginning in early January 2022, DHS will require that all inbound foreign national travelers crossing U.S. land or ferry ports of entry – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination. This approach will provide ample time for essential travelers such as truckers, students, and healthcare workers to get vaccinated.

When will travel restrictions be lifted for vaccinated nonessential travelers?

The travel restrictions on nonessential travel for fully vaccinated Canadian and Mexican nationals will be lifted on November 8, 2021 – the same date that the relaxation will apply to fully vaccinated air travelers. Travelers crossing U.S. borders with Canada and Mexico for non-essential reasons will be required to present proof of vaccination to a Customs and Border Protection officer upon request. More details will be released by U.S. Customs and Border Protection in the coming weeks.

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