Trump’s Executive Order “Protecting the American People Against Invasion”: What Does It Do?
On January 20, 2025, President Donald Trump signed an Executive Order titled “Protecting the American People Against Invasion,” introducing significant changes to immigration enforcement in the United States. This order emphasizes stricter deportation and removal policies, claiming to enhance national security by addressing illegal immigration more aggressively. Below we provide a detailed summary of key provisions of the EO along with a discussion about how an immigration lawyer can help. If you or a family member are facing removal from the U.S., contact Gladstein & Messinger, P.C., to protect your rights and interests with the help of a skilled and experienced New York deportation defense immigration attorney.
Key Provisions of the Executive Order
Enhanced Enforcement Measures
The Department of Homeland Security (DHS) is directed to implement new enforcement policies targeting illegal entry, unlawful presence, and the removal of individuals unlawfully residing in the U.S. This includes expanding the use of expedited removal processes, allowing immigration authorities to quickly deport individuals without the need for prolonged court proceedings. Additionally, the order increases funding for Immigration and Customs Enforcement (ICE) operations, allowing for more widespread immigration raids and detention efforts.
Limitation of Humanitarian Protections
The order instructs the Secretary of State, the Attorney General, and DHS to restrict the application of humanitarian parole, Temporary Protected Status (TPS) designations, and employment authorizations. As a result, individuals who previously qualified for humanitarian relief due to dangerous conditions in their home countries may find it more difficult to remain in the U.S. legally. This shift in policy is expected to impact thousands of asylum seekers and refugees who rely on these protections to avoid returning to unsafe conditions.
Mandatory Alien Registration
Undocumented individuals are required to register their presence with the government. Failure to comply may result in prioritization for deportation. This policy aims to track the presence of undocumented immigrants more effectively, but it has also raised concerns about potential civil rights violations. Critics argue that such registration efforts could lead to increased racial profiling and create fear within immigrant communities, discouraging individuals from seeking legal pathways to adjust their status.
Invocation of the Alien Enemies Act
Separate from the EO discussed above, which was issued on January 20 on Trump’s first day in office, the administration most recently has invoked the Alien Enemies Act of 1798 to justify the mass deportation of noncitizens without warrants. This historic law, only rarely activated and only during times of war, allows the government to detain and remove foreign nationals deemed to be a threat to national security. By applying this act in a modern context, the order gives immigration enforcement agencies broad discretion to target and remove noncitizens, sparking significant legal challenges from civil rights organizations.
The Role of Immigration Lawyers in Deportation Defense
With these stringent measures in place, individuals facing deportation or removal proceedings require robust legal representation to assert their rights to fair treatment under the law. Immigration lawyers play a crucial role in ensuring that their clients receive fair treatment and that all available legal options are explored. Below are some of the ways an immigration attorney provides invaluable assistance.
Legal Representation in Court
Attorneys advocate on behalf of clients during immigration court proceedings, ensuring their rights are protected. Deportation proceedings can be confusing, complex and overwhelming, and without legal counsel, individuals may struggle to understand the legal arguments that could help them stay in the country. Immigration lawyers provide essential guidance on procedural requirements, court filings, and effective defense strategies.
Exploring Relief Options
Lawyers assess eligibility for various forms of relief, such as asylum, cancellation of removal, or adjustment of status. For example, individuals who have been in the U.S. for a significant period and meet specific criteria may be eligible for cancellation of removal, which allows them to remain legally. Additionally, some individuals may qualify for asylum if they can demonstrate a well-founded fear of persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Navigating Complex Regulations
With the evolving nature of immigration laws and policies, legal professionals provide up-to-date advice, helping clients understand their rights and obligations under current regulations. Immigration laws are notoriously complex, and changes in policy can have significant consequences for noncitizens. Lawyers help clients stay informed about new rules, deadlines, and potential changes that could impact their legal status.
Challenging Unlawful Actions
Attorneys can file appeals or motions to reopen cases if due process violations or legal errors occurred during the initial proceedings. If an individual is unfairly targeted for removal, a lawyer can challenge the government’s case and present evidence supporting their client’s right to remain in the country. Legal professionals can also argue for waivers or exemptions based on humanitarian grounds or other special circumstances.
Preventing Family Separation
One of the most significant concerns related to heightened deportation efforts is the risk of family separation. Many undocumented immigrants have U.S. citizen children, spouses, or other family members who rely on them for financial and emotional support. Immigration lawyers can help families apply for relief options that may allow them to remain together, such as family-based petitions or deferred action programs.
Contact Gladstein & Messinger in New York for Assertive and Effective Deportation Defense
The “Protecting the American People Against Invasion” Executive Order marks a pivotal shift in U.S. immigration policy, emphasizing heightened enforcement and deportation efforts. For individuals affected by these changes, securing experienced legal representation is essential to ensure their rights are upheld and explore all possible avenues for relief. Immigration lawyers serve as indispensable advocates, guiding clients through the intricacies of the legal system during these challenging times.
With the landscape of immigration law becoming increasingly restrictive, those at risk of removal must take proactive steps to seek legal counsel and protect their future in the United States. A skilled immigration attorney can make the difference between deportation and securing a legal pathway to remain in the country. In New York, contact Gladstein & Messinger, P.C., for immediate assistance.
