January 20, 2025

Executive Order: Guaranteeing the States Protection Against Invasion

Holland & Knight Eyes on Washington Blog
Trump's 2025 Executive Orders: Updates and Summaries

Date Issued: Jan. 20, 2025

Executive Summary

This executive order suspends entry into the U.S. through the southern border by individuals who fail to provide federal officials with sufficient medical information, criminal history and background information before entering the country until further notice. Nothing in this proclamation will affect the authority of an executive department/agency or the functions of the director of the Office of Management and Budget (OMB) relating to budgetary, administrative or legislative proposals.

Policy Actions

  • Any individual engaged in an "invasion" across the southern border will have their entry suspended until the president finds that the invasion has ceased.
  • Those partaking in the "invasion" are restricted from invoking provisions of the Immigration and Nationality Act (INA) that would allow them to stay in the U.S., including but not limited to Section 208 of the INA, 8 U.S.C. 1158.
  • Any individual who fails, before entering the U.S., to provide federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of Sections 212(a)(1)-(3) of the INA, 8 U.S.C 1182(a)(1)-(3) is deemed detrimental to the interest of the U.S.
  • The secretary of homeland security, in coordination with the secretary of state and U.S. attorney general, is directed to take actions to address illegal immigration across the southern border.
  • The secretary of state and secretary of homeland security, alongside the U.S. attorney general, shall take action to repel, repatriate or remove aliens involved in an invasion across the southern border.

Related Insights