Legal Analysis of Recent Immigration-Related Actions by the White House ()
Covering key issues such as border control, refugee reception, and domestic law enforcement, it outlines the policy framework, legal basis, and judicial controversies of the Trump administration's new policies.
Detail
Published
23/12/2025
List of Key Chapter Titles
- Presidential Proclamation on U.S. Entry Restrictions Regarding "Invasion"
- Processing of Entry Applicants
- Border Security
- Refugee Admissions
- Interior Immigration Enforcement
- Public Safety and National Security
- Citizenship under the Fourteenth Amendment
- Related Legal Proceedings and Judicial Challenges
Document Introduction
Following President Trump's inauguration on January 20, 2025, his administration launched a series of executive actions and initiatives concerning the enforcement of federal immigration laws. These actions span key areas such as border control, processing of entry applications, refugee admissions, and interior enforcement, with some policies reinstating measures from his first term. This report, serving as a professional legal analysis provided by the Congressional Research Service for legislative debate, systematically outlines the content framework and legal basis of these core actions.
The report focuses on the Trump administration's signature immigration policies. These include the border "invasion"-related entry restriction proclamation issued under the Constitution's "guarantee clause," which calls for suspending the entry of certain foreign nationals and restricting their right to seek asylum; new rules for processing entry applicants such as restarting the "Migrant Protection Protocols" (MPP), terminating the "CBP One" app appointment function and categorical parole programs from the Biden administration era; and measures like declaring a national emergency to mobilize military resources to enhance southern border security and physical barrier construction.
Regarding interior immigration enforcement and national security, the report details specific measures taken by the government to strengthen immigration law enforcement. These include expanding the scope of expedited removal, authorizing local officials to participate in immigration enforcement, restricting federal funding for "sanctuary jurisdictions," and designating specific transnational criminal organizations as national security threats while utilizing Guantanamo facilities to detain related foreign nationals. Furthermore, concerning the "birthright citizenship" stipulated by the Fourteenth Amendment, the executive order issued by the Trump administration imposed restrictive definitions on its scope of application, sparking significant constitutional controversy.
The report also emphasizes the legal challenges faced by these policies. Some policies have been subject to lawsuits for allegedly violating the separation of powers, the Administrative Procedure Act, and constitutional guarantees. These involve key legal issues such as the applicable boundaries of the "guarantee clause," the legality of presidential authority to restrict entry, and due process protections in expedited removal procedures. Several federal courts have issued preliminary injunctions against the executive order related to citizenship, while judicial review of policies concerning border security and interior enforcement remains ongoing.
Based on federal statutory text, executive order documents, and judicial cases, this report provides an authoritative legal perspective for understanding the significant adjustments in U.S. immigration policy in early 2025. Its analytical conclusions hold important reference value for legislators, policymakers, and legal practitioners.