Q&A About New Executive Orders Concerning Immigration and Deportation
The new presidential administration has issued many executive orders focused on immigration issues since taking office. Some of these executive orders have already begun to impact families and systems, some are being challenged legally, and some will lead to actions and consequences that are not yet known. This brief Q&A intends to answer simple questions with currently available information about terms you might hear or read about in the coming days. Links to additional sources and more information related to each question are included.
Q: What is “birthright citizenship”?
A: The 14th Amendment was ratified in 1868 and reads: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Supreme Court addressed this in 1898 and ruled that children born to non-citizen immigrants are U.S. citizens. Being born in the U.S. confers citizenship.
CATO Institute: “Birthright Citizenship: An American Idea That Works”
Fourteenth Amendment of the U.S. Constitution
Q: What are the concerns with ending birthright citizenship?
A: Denying citizenship to U.S.-born children would create a subclass of people without access to the rights enshrined in the Constitution. This group of people would also be stateless, creating obstacles in accessing basic services like education, employment, and healthcare.
The New York Times: “Twenty-two States Sue to Stop Trump’s Birthright Citizenship Order”
The UN Refugee Agency: “About Statelessness”
Three days after the president signed an executive order ending birthright citizenship, a federal judge ruled this order “blatantly unconstitutional” and placed a temporary stop for four suing states. More states’ suits are following.
The New York Times: “Judge Calls Trump’s Birthright Citizenship Order ‘Blatantly Unconstitutional’”
Q: What is the Alien Enemies Act?
A: The Alien Enemies Act allows the sitting president wartime authority to apprehend, intern, and deport immigrants who originate from the “enemy nation.”
Fifth Congress of the United States: An Act Respecting Alien Enemies
Q: What are the concerns with invoking this law?
A: The Alien Enemies Act was used to intern innocent people based solely on their country of origin and without due process or the human right to be treated fairly. Essentially, some politicians and organizations argue that the law of war authority established in the 1700s does not align with the human rights principles of today. Additionally, the law says the country must be at war with the other country(ies) to invoke this particular act.
H.R.442 — 100th Congress (1987-1988): Civil Liberties Act of 1987
Q: What are the Insurrection and Posse Comitatus Acts?
A: The Insurrection Act is a series of laws that empowers the U.S. president to deploy military forces for domestic affairs under certain circumstances. The Posse Comitatus Act was enacted in 1878 and states that no part of the U.S. military can enforce civil laws.
Q: What are the concerns with invoking and overriding these laws?
A: The new presidential administration has justified the use of the Insurrection Act by describing illegal immigration as a mass scale rebellion to federal immigration law. This, in effect, pauses the Posse Comitatus Act. This declaration raises practical, legal, and ethical concerns, including that the Supreme Court has held that non-citizens in the U.S. are guaranteed equal protection and due process under the law.
Brennan Center for Justice: “The Insurrection Act Explained”
Q: What are sanctuary cities, and how will they be affected by the new executive orders?
A: While there is no official definition, sanctuary cities generally limit the amount of information they share with immigration authorities but do not protect undocumented immigrants from deportation or prosecution of criminal activity. The new administration ordered that all federal funds are to be withheld from cities and states that are considered sanctuary jurisdictions.
American Immigration Council: “Understanding Trust Acts, Community Policing, and ‘Sanctuary Cities’”
Q: What are sensitive locations?
A: Established by U.S. Immigration and Customs Enforcement (ICE) in 2011 and expanded in 2021, sensitive locations include schools, hospitals, places of worship, and more. The policy was created to ensure that the agency’s enforcement efforts were not “unnecessarily alarming local communities” but did not completely prohibit ICE operations.
Q: What are the concerns around revoking the policy on sensitive locations?
A: To eliminate safeguards and allow ICE agents to enter schools, hospitals, courthouses, and other locations can create distrust and fear — children may fear going to school, a sick individual may not receive life-saving care, or a witness to a crime may refuse to testify in court.
NBC News: “Trump plans to scrap policy restricting ICE arrests at churches, schools and hospitals”
NPR: “Trump administration strips schools, churches of immigration enforcement protections”
Q: What about asylum seekers?
A: The new administration suspended entry of all migrants at the southern border and is restricting access to immigration laws, such as asylum, that would allow someone to stay in the U.S. The mobile app that was previously used to make an appointment to present an asylum case at a port of entry has been discontinued. The Department of Homeland Security was instructed to reinstate “Remain in Mexico,” officially known as Migrant Protection Protocols, requiring asylum seekers to wait in Mexico for their claim to be processed. The State Department was directed to negotiate agreements with other countries to accept asylum seekers that will be deported from the U.S.
NPR: “President Trump’s suspension of asylum marks a break from U.S. past”
American Immigration Council: The “Migrant Protection Protocols”
Q: How are nonprofits who serve noncitizen populations affected?
A: Nonprofits, including religious organizations, often provide services, including housing, to noncitizens. Under the new executive orders, demands to nonprofits may increase, and status and funding may decrease. A Texas shelter run by the Catholic Church is already fighting a legal battle to remain open after a decade of support without issue. They are not allowed to offer religious teachings to their unhoused and mostly legal (with I-94 paperwork) residents.
Minnesota Council of Nonprofits: “Executive orders affecting nonprofits”
The foundational right to be treated equally within due process of law is built into the Bill of Rights. Other global and national human rights agreements have long leaned toward treating others with compassion. As women of faith, we can offer compassion and advocate for noncitizens in need. When we do, we heed Christ’s admonition in Matthew 25:40, “And the King shall answer and say unto them, Verily I say unto you, Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.”
See MWEG’s principles of ethical government for more information about compassionate immigration reform.
This article was written by Mormon Women for Ethical Government’s advocacy research team — Sherilyn Stevenson, Alexa Alvarado, and Natasha Rogers, with Lisa Rampton Halverson and Emily Whitcomb.