Tracking Notable Executive Branch Action during the Second Trump Administration
This page tracks select changes to immigration-related regulations and policy that have been proposed or promulgated by the second Trump Administration. AILA is analyzing these orders and other executive actions to provide guidance and share analysis with AILA members.
Additional resources for AILA members:
- Practice Pointers and Alerts
- Featured Issue Page to Help Members Prepare for Changes under the Second Trump Administration
- "Know Your Rights" Flyer to Share with Clients and Communities (translated versions are coming soon)
- Policy Brief: Trump Administration Day One Executive Orders
Please Note: Information found on this page does not constitute legal advice. Material found here is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, or for independent research based on statutory and regulatory authorities; case law; policy guidance; and, for procedural issues, federal government websites.
Browse the Tracking Notable Executive Branch Action during the Second Trump Administration collection
Executive Order on Enforcement of U.S. Immigration Laws
On 1/20/25, President Trump issued Executive Order (EO) 14159, which revokes proclamations from President Biden on enforcement, border processing, and family reunification, among others. (90 FR 8443, 1/29/25)
EOIR Reinstates Memo with Guidelines for Immigration Court Cases Involving Juveniles
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-10 rescinding and canceling the 12/21/23 Director’s Memorandum (DM) 24-01 and reinstating the 12/20/17 Operating Policies and Procedures Memorandum (OPPM) 17-03 with guidelines for immigration court cases involving juveniles.
EOIR Rescinds Memo with Guidance on DHS Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-09, which states that it is rescinding and canceling the 6/11/21 PM 21-25 that provided EOIR policies regarding the effect of DHS enforcement priorities and the use of prosecutorial discretion.
EOIR Reinstates Policy Memo on Pro Bono Legal Services
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-08, which rescinds and cancels the 11/5/21 Director’s Memorandum (DM) 22-01 and reinstates the 12/10/20 PM 21-08 that consolidated and updated EOIR policies related to pro bono legal services.
EOIR Rescinds Policy Memo on Updated Terminology Regarding Noncitizens
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-07, which rescinds and cancels the 7/23/21 PM 21-27 that had updated the agency’s use of terminology regarding noncitizens and had directed the agency not to use terms like “alien,” “unaccompanied alien,” or “illegal alien.”
DHS Announcement on President Trump Signing Laken Riley Act into Law
DHS announcement that on 1/29/25 President Trump signed into law the Laken Riley Act, which mandates the federal detention of undocumented individuals who are accused of theft, burglary, assaulting a law enforcement officer, and any crime that causes death or serious bodily injury.
Presidential Proclamation Declaring a National Emergency at the U.S. Southern Border
On 1/20/25, President Trump issued Proclamation 10886 declaring a national emergency at the southern border of the United States. (90 FR 8327, 1/29/25)
USCIS Pauses Acceptance of Form I-134A
USCIS announced that it is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until it reviews all categorical parole processes, as required by the 1/20/25 Executive Order (EO) entitled “Securing Our Borders.”
Executive Order Rescinding Certain EOs and Actions from the Biden Administration
Executive Order (EO) issued on 1/20/25 rescinding and revoking a number of EOs and actions from the Biden Administration, including certain EOs related to the COVID-19 pandemic, access to voting, climate change, and civil immigration enforcement policies and priorities. (90 FR 8237, 1/28/25)
Presidential Memo Announcing Regulatory Freeze Pending Review
Presidential memo to the heads of executive departments and agencies ordering certain actions, including not to propose or issue any rule until a department or agency head appointed or designated by President Trump after noon on 1/20/25 has reviewed and approved it. (90 FR 8249, 1/28/25)
EOIR Rescinds and Cancels OPPM on Enforcement Actions in or near OCIJ Space
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-06, “Cancellation of Operating Policies and Procedures Memorandum 23-01,” which rescinds and cancels the 12/11/23 OPPM providing guidance on DHS enforcement actions in or near Office of the Chief Immigration Judge (OCIJ) space.
EOIR Rescinds and Cancels Policy Memo on Migrant Protection Protocols and Motions to Reopen
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-05, “Cancellation of Policy Memorandum 21-26,” rescinding and canceling the 6/24/21 PM 21-26, “Migrant Protection Protocols and Motions to Reopen,” which addressed EOIR-related aspects of the Migrant Protection Protocols (MPP).
EOIR Rescinds and Cancels Director’s Memorandum on EOIR’s Response to COVID-19
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-03, “Cancellation of Director’s Memorandum 22-02,” which rescinds and cancels the 11/8/21 Director’s Memorandum (DM) 22-02, “Updated Guidance on EOIR’s Response to the COVID-19 Outbreak.”
EOIR Issues Policy Memo on EOIR’s Core Policy Values
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-02, “EOIR’s Core Policy Values,” providing general guidance regarding EOIR’s foundational values for formulating policies. It also addresses “specific situations which have undermined or contradicted those values in recent years.”
EOIR Rescinds Policy Memorandum That Rescinded and Canceled Policy Memo on Case Processing at the BIA
EOIR Acting Director Sirce Owen issued a policy memo that rescinds and cancels Policy Memorandum (PM) 21-16, which had rescinded and canceled the 10/1/19 PM 20-01 entitled “Case Processing at the Board of Immigration Appeals.” The memo notes that PM 20-01 remains rescinded and canceled.
ICE Releases Statement on “Enhanced Targeted Operations” in Chicago
ICE issued a short statement that it, along with federal partners, including the FBI, ATF, DEA, CBP, and the U.S. Marshals Service, began conducting “enhanced targeted operations” on 1/26/25 in Chicago to “enforce U.S. immigration law and preserve public safety and national security.”
DHS Announces Confirmation of Kristi Noem as DHS Secretary
DHS announcement that the Senate voted on 1/25/25 to confirm Kristi Noem as the 8th Secretary of DHS, by a vote of 59 to 34. Prior to her confirmation as Secretary of DHS, Secretary Noem served as the Governor of South Dakota.
DHS Notice Designating Noncitizens for Expedited Removal
DHS notice titled “Designating Aliens for Expedited Removal” rescinding a prior 3/21/22 notice and restoring the scope of expedited removal to the fullest extent authorized by Congress. The designation is effective as of 6:00pm (ET) on 1/21/25. (90 FR 8139, 1/24/25)
DHS Issues Guidance on How to Exercise Enforcement Discretion
Acting DHS Secretary Benjamine Huffman issued a memo to ICE, CBP, and USCIS titled, “Guidance Regarding How to Exercise Enforcement Discretion” that outlines how to exercise enforcement discretion in implementing two new policies.
Acting DHS Secretary Issues Finding of “Mass Influx of Aliens”
Acting DHS Secretary issued a finding, among other things, that “an actual or imminent mass influx of aliens is arriving at the southern border” and “presents urgent circumstances requiring an immediate federal response.” This finding is effective immediately and expires in 60 days, unless extended.
DHS Issues Statement on Directive Expanding Immigration Law Enforcement to Some DOJ Officials
DHS announced that on 1/23/25 Acting DHS Secretary Benjamine Huffman issued a directive giving DOJ law enforcement officials in the U.S. Marshals, DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Prisons “authority to investigate and apprehend illegal aliens.”
USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants
USCIS announced that, effective 1/22/25, it is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident (LPR) present documentation on their Form I-693 that they received the COVID-19 vaccination.
DOJ Issues Memo on Interim Policy Changes Regarding Charging, Sentencing, and Immigration Enforcement
Acting Deputy Attorney General Emil Bove issued a memo for all DOJ employees regarding interim decisions and policy changes pending confirmation of the Attorney General.
DHS Reinstates Migrant Protection Protocols
DHS announced that it is restarting the Migrant Protection Protocols (MPP) immediately, stating that “the situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy.”
DHS Rescinds Guidelines for Enforcement Actions in or near Protected Areas and Issues Directive on Humanitarian Parole
DHS announced that on 1/20/25 Acting DHS Secretary Benjamine Huffman issued two directives, the first rescinding prior guidelines for ICE and CBP enforcement in or near protected areas, and the second ending “the broad abuse of humanitarian parole” and returning the program to a case-by-case basis.