Legis
Immigration
Executive order · Monday 28 April 2025

Protecting American Communities From Criminal Aliens

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  • Federal Authority on Immigration:

    • The Constitution provides the Federal Government with authority regarding immigration, national security, and foreign policy.
    • The President has the power to protect national security and conduct foreign policy (Article II) and is obliged to protect States against invasion (Article IV, Section 4).

  • Concerns about Illegal Immigration:

    • Previous administration allowed millions of illegal entrants, increasing public safety and national security risks.
    • Presence of international cartels and terrorists along the southern border presents a threat requiring federal action.

  • State and Local Defiance:

    • Some State and local officials are obstructing Federal immigration law enforcement.
    • Such actions may violate Federal laws including obstruction of justice and harboring illegal aliens.

  • Restoration of Law Enforcement:

    • The Federal Government's enforcement of law must be restored.

  • Publication of Sanctuary Jurisdictions:

    • Within 30 Days: Attorney General and Secretary of Homeland Security to publish a list of jurisdictions obstructing immigration law.
    • Notifications to be sent to these jurisdictions regarding their status and potential legal violations.

  • Federal Funding Measures:

    • Agencies to identify Federal funds for suspension or termination in sanctuary jurisdictions.
    • Legal remedies to be pursued against those jurisdictions remaining defiant after being notified.

  • Eligibility Verification for Benefits:

    • Secretary of Homeland Security to develop guidance for verifying eligibility of individuals receiving Federal public benefits in sanctuary jurisdictions.

  • Action Against State and Local Laws:

    • Attorney General, in consultation with relevant officials, to act against laws favoring aliens over American citizens that contravene Federal law.

  • Limitations and Implementation:

    • The order does not affect the authority of executive agencies.
    • Implementation is subject to applicable laws and available appropriations.
    • The order does not create enforceable rights or benefits against the U.S. or its agencies.

  • Funding for Publication:

    • The Department of Justice will fund the publication of the order in the Federal Register.