Updates: Executive Order on Foreign Terrorists and National Security

• January 20, 2025:

  • Executive Order Issued: President Trump signed the Executive Order "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats." It targets foreign nationals who may commit terrorist acts, threaten national security, or exploit immigration laws.

    • Source: https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-united-states-from-foreign-terrorists-and-othernational-security-and-public-safety-threats/

  • Key Provisions: Includes enhanced vetting, a report on high-risk countries, updated inadmissibility regulations, stricter refugee verification, and evaluations of visa and assimilation programs. The Departments of Homeland Security (DHS), State, and Justice (DOJ) are tasked as the lead agencies for these evaluations, with specific reporting deadlines, including 60-day and 180-day reports on vetting procedures and assimilation metrics.

  • Related Executive Order "SECURING OUR BORDERS" Issued: President Trump also signed a separate Executive Order focused on border security.

    • Source: https://www.whitehouse.gov/presidential-actions/2025/01/securing-our-borders/

  • Key Provisions of "SECURING OUR BORDERS": This order prioritizes a physical border wall, enhanced deterrence, increased detention, and the prompt removal of illegal entrants. It also focuses on prosecuting immigration violators and strengthening federal-state law enforcement partnerships.

  • Impact, Legal, and Constitutional Concerns:

    • Broad Authority and First Amendment ("Foreign Terrorists" Order): Concerns were raised regarding the broad authority granted to agencies and the use of vague terms like "hateful ideology" or directives against those who "preach or call for sectarian violence," which may lead to overreach and impact free speech.
    • Discriminatory Targeting and Equal Protection ("Foreign Terrorists" Order): The focus on specific regions with security risks, alongside the potential suspension of admission from certain countries, raises concerns about discriminatory practices and infringements on equal protection rights.
    • Assimilation and Tolerance ("Foreign Terrorists" Order): The emphasis on assimilation and a "unified American identity" could undermine cultural and religious tolerance.
    • Due Process and Expedited Removals ("Securing Our Borders" Order): Directives for increased detention, immediate exclusion, and prompt removal of illegal entrants raise significant due process concerns.
    • Separation of Powers (Both Orders): There are overarching concerns that these directives may exceed Executive Branch authority.

• January 29, 2025:

  • Executive Order on Cartels as Terrorist Organizations: President Trump issued a separate Executive Order "Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists." This order establishes a process to designate international cartels and similar entities as Foreign Terrorist Organizations (FTOs) or Specially Designated Global Terrorists (SDGTs). These designations carry significant legal and financial implications, granting authorities the power to enforce asset freezes, enact material support prohibitions, and impose strict travel bans.
    • Source: https://www.federalregister.gov/documents/2025/01/29/2025-02004/designating-cartels-and-other-organizations-as-foreign-terrorist-organizations-and-specially

• Broader Context:

  • Project 2025 & Secret Service: Proposals suggest refocusing the Secret Service on protective missions, which could shift agency resources and indirectly impact the enforcement of these national security orders.

• Summary Assessment:

  • While intended to bolster national security via stricter vetting, the order's broad scope and vague criteria raise significant concerns regarding discrimination and potential violations of due process and equal protection.