Executive Order 13768
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| Executive Order 13768 | |
|---|---|
| Name | Executive Order 13768 |
| Signed | 2017-01-25 |
| Signedby | President Donald J. Trump |
| Summary | Order on Enhancing Public Safety in the Interior of the United States |
| Type | Executive order |
Executive Order 13768 was signed on January 25, 2017, by President Donald Trump and directed changes to federal immigration enforcement priorities, including increased removals and construction of barriers on the United States–Mexico border. The order followed campaign pledges and built on prior Immigration and Nationality Act provisions, interacting with actions by the Department of Homeland Security, the Department of Justice, and the Department of State. It provoked litigation, congressional attention, protests, and administrative memoranda that reshaped immigration policy during the early Trump administration.
Background and context
The issuance of the order occurred amid heightened debate involving figures and institutions such as Jeff Sessions, Rex Tillerson, John Kelly (general), Stephen Miller, Tom Cotton, Chuck Schumer, and organizations including ACLU, American Immigration Lawyers Association, and National Immigration Forum. It drew on earlier executive actions like Executive Order 13769 and engaged statutory frameworks including the Immigration Reform and Control Act of 1986 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Political pressures from events such as the 2016 United States presidential election and policy debates tied to the Border Patrol, Customs and Border Protection, and congressional committees like the House Judiciary Committee and the Senate Judiciary Committee framed implementation. International dimensions referenced partners and counterparts in Mexico, Guatemala, Honduras, El Salvador, and multilateral forums such as the United Nations and the Organization of American States.
Provisions of the order
Key provisions addressed priorities for removal, resource allocation, and border security. The document directed expanded priorities for removal consistent with the Immigration and Nationality Act, ordered the Secretary of Homeland Security to identify and prioritize aliens for deportation, and called for construction of a physical barrier along the United States–Mexico border. It instructed federal cabinet members including the Attorney General, the Secretary of Defense, the Secretary of State, and the Secretary of Health and Human Services to coordinate on detention, removal, and enforcement operations. The order also referenced cooperation with state and local entities like Sanctuary cities opponents and sought data-sharing agreements involving Immigration and Customs Enforcement, the Federal Bureau of Investigation, and the Department of Labor for enforcement and beneficiary eligibility determinations tied to statutes such as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Implementation and federal actions
Implementation involved memoranda, directives, and budgetary requests. The Department of Homeland Security issued guidance to Immigration and Customs Enforcement and U.S. Customs and Border Protection operational components, while the Department of Justice under the Solicitor General and the Attorney General provided legal opinions and enforcement priorities. The Office of Management and Budget and the Department of Treasury were engaged for funding and procurement, affecting projects overseen by the General Services Administration and contractors such as construction firms and island-specific vendors on border infrastructure. Congress, with members like Paul Ryan, Nancy Pelosi, Lindsey Graham, and Dianne Feinstein, debated appropriations tied to proposed barrier construction and detention expansion. Federal litigation prompted stays and injunctions affecting agencies including the Executive Office for Immigration Review and administrative practices in immigration courts and detention facilities.
Legal challenges and litigation
The order generated multiple legal challenges filed in district courts across jurisdictions including the United States District Court for the Northern District of California, the United States District Court for the Southern District of New York, and the United States District Court for the District of Columbia. Plaintiffs ranged from state attorneys general such as those of California, New York, and Washington (state), to advocacy groups like the ACLU, National Immigration Law Center, City of Chicago, and County of Santa Clara. Litigation invoked doctrines and precedents including the Administrative Procedure Act, claims under the Tenth Amendment, and constitutional protections in the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Courts issued temporary restraining orders and preliminary injunctions in cases argued before judges such as William H. Orrick III and panels of the United States Court of Appeals for the Ninth Circuit. Appeals reached the United States Supreme Court in various related matters, engaging justices including John Roberts, Ruth Bader Ginsburg, and Neil Gorsuch.
Impact and reactions
Reactions spanned elected officials, foreign leaders, civil society, and private sector actors. Support came from figures like Newt Gingrich, Steve Bannon, and Rick Perry; opposition was voiced by Elizabeth Warren, Alexandria Ocasio-Cortez, and numerous mayors including Eric Garcetti and Bill de Blasio. Cities and states joined amicus coalitions; labor groups such as the Service Employees International Union and business organizations like the U.S. Chamber of Commerce weighed in. International reactions involved statements from leaders such as Enrique Peña Nieto and institutions like the European Union. Media coverage by outlets including The New York Times, The Washington Post, Fox News, and CNN amplified public debate, while protests and demonstrations referenced prior mobilizations like the Women’s March (2017). Academic analysis from scholars affiliated with Harvard University, University of California, Berkeley, and Brookings Institution examined legal, economic, and human rights implications.
Subsequent policy developments
Subsequent developments included legislative proposals in the United States Congress to address border security and immigration reform, administrative rulemaking by the Department of Homeland Security, and later executive actions by the Trump administration and successors. Policies intersected with court decisions from the United States Court of Appeals for the Fifth Circuit and Ninth Circuit, budget negotiations during the 2018 United States federal government shutdown, and measures introduced during the 2020 United States presidential election cycle. Presidential successors and congressional actors revisited priorities through orders, resolutions, and statutes, involving entities such as the United States Citizenship and Immigration Services, Immigration and Customs Enforcement, and international partners including Canada and the United Kingdom for asylum and migration cooperation.