On a call with reporters on Inauguration Day morning, incoming White House officials previewed a series of executive orders and other actions they said the incoming Trump administration plans to take to address immigration and U.S. border issues.
“We will protect the American people against invasion,” one of the incoming officials said during the call. “This is about national security. This is about public safety. And this is about the victims of some of the most violent, abusive criminals we’ve seen enter our country in our lifetime. And it ends today.”
Many of the proposed executive orders revealed on Monday’s call require help from international partners like Mexico and would almost certainly spark legal battles.
Although one of the incoming officials said that the call would “preview a series of actions to be taken today,” it was not clear from the call, during which officials took very few questions from reporters, that everything about which they spoke would actually happen Monday.
Here’s a look at some of the promised executive actions:
Declaring a national emergency at the southern border
The incoming administration will be declaring a national emergency at the southern border. This will allow DoD to deploy armed forces to the region and free up resources to build a wall and other barriers there, as he promised to do during his first administration.
“What this action does is it deploys armed forces, erects physical barriers by directing DOD and DHS secretaries to finish the wall along the border, and allows for counter-UAS capabilities near the southern border in addition,” an incoming White House official said.
President Donald Trump shows a photo of the US/Mexico border wall as he speaks during a roundtable briefing on border security at the United States Border Patrol Yuma Station in Yuma, Arizona, June 23, 2020.
Saul Loeb/AFP via Getty Images
It’s not totally clear what the official meant by “counter-UAS capabilities,” but it is important to note that since at least the Obama administration, the Department of Homeland Security (DHS) has used drones and other UAS (unmanned aircraft systems) to help conduct surveillance of the southwest border.
The secretary of defense will be directed to deploy armed troops as well as the National Guard to the border, according to the call. In response to a follow-up question, an incoming White House official was unable to say how many troops will be deployed, responding that the decision “is going to be up to the secretary of defense.”
Clarifying the military’s role in ‘protecting the territorial integrity of the United States’
This executive order aims to allow the military to “prioritize our borders and territorial integrity,” an incoming White House official said during the call. The official further said that the order will direct the military to plan operations to maintain territorial integrity by “repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”
Reinstating ‘remain in Mexico,’ ending ‘catch and release,’ and building the wall
In addition to creating federal and state partnerships to help enforce immigration policies and deportation priorities, this executive order would also aim to end the practice of “catch and release,” and mandates building a wall along the southern U.S. border.
Though often used pejoratively, “catch and release” describes the practice of releasing undocumented immigrants after they’ve been processed at the U.S. border and while they await immigration hearings in court. The term originated during the George W. Bush administration and describes a practice that has been implemented during every administration since, including Donald Trump’s first administration.
Because it’s logistically impossible to safely detain migrants indefinitely, U.S. Customs and Border Protection (CBP) and other authorities release some migrants into the community to wait out their legal proceedings.
Remain in Mexico is a policy implemented during the first Trump administration that required some asylum seekers to wait in Mexico, rather than in the U.S., as their petitions were processed in U.S. courts. This action would require Mexico’s cooperation, which incoming White House officials did not address during Monday’s call.
Immigrants seeking asylum in the United States walk along the border fence as the sun rises on their way to be processed by U.S. Border Patrol agents after crossing into Arizona from Mexico on May 11, 2023 in Yuma, Arizona.
Trump also promised during his first presidential campaign to build a wall along the U.S.-Mexico border, and signed an executive order to that end days after assuming office. Few new sections of barrier along the border were erected during his administration, though many sections of damaged or outdated barriers were repaired or replaced.
Designating cartels as foreign terrorist organizations
The incoming administration will sign an executive order to designate drug cartels and other criminal organizations, including the U.S.-El Salvadoran-based MS-13 and Venezuela’s Tren de Aragua, as foreign terrorist organizations or specifically designated global terrorists (SDGT).
An incoming White House official said Monday that the order will direct authorities to specifically remove members of Tren de Agua from the United States. And, citing the Alien Enemies Act enacted more than two centuries ago, the official said Tren de Agua has become an “irregular armed force of Venezuela’s government conducting a predatory incursion and invasion into the United States.”
‘End[ing] asylum … to illegals’
The incoming White House official said the Trump administration is going to “end asylum and close the border to illegals via proclamation.” Essentially, this means undocumented migrants caught between ports of entry will not be able to claim asylum, which in turn will “create an immediate removal process without possibility of asylum,” the incoming official said.
Like other executive orders announced Monday, this one would possibly face legal hurdles for several reasons. Current laws allow asylum seekers the ability to attempt to request asylum or protection once they enter the country, regardless of if they crossed between ports of entry. This has been the basis for several legal battles against some of the more recent asylum restrictions that the Biden administration implemented in June 2024.
Suspending refugee resettlement
The incoming official said during Monday’s call that the incoming Trump administration also plans to suspend refugee resettlements for at least four months.
Ending birthright citizenship
An incoming officials on Monday’s call said “We are then going to end birthright citizenship. This action gives effect to the phrase ‘and subject to the jurisdiction thereof’ in the 14th Amendment to clarify that … the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States.”
It was unclear from Monday’s call whether ending birthright citizenship will be part of the day’s announcements or will come later. Trump made the same promise during his first term in office.
Customs and Border Patrol agents load migrants into a vehicle after groups of migrants walked into the US from Mexico at Jacumba Hot Springs, California, on June 5, 2024.
Frederic J. Brown/AFP via Getty Images
Enhanced vetting
The incoming official said Monday that the new administration is also going to “enhance vetting and screening of illegal aliens” and direct agencies to provide recommendations to the president for suspending entry for migrants from “countries of particular concern.”
Creating ‘homeland security task forces’
To help target gang members, criminals and other undocumented migrants, the new administration is planning to establish “federal homeland security task forces” so federal, state and local law enforcement can cooperate further in removing them.
Restoring the death penalty when a law enforcement officer is murdered
According to the incoming official, the new administration plans to “restore the death penalty in public safety” by directing the attorney general to seek capital punishment when an undocumented immigrant murders a law enforcement officer or commits other capital crimes. The new administration will also encourage state attorneys general and district attorneys to also pursue the death penalty in such cases, according to the incoming official.
