President Donald J. Trump has signed an Executive Order aimed at closing the southern border. This action, taken on January 22, 2025, marks a significant shift in U.S. immigration policy and fulfills one of Trump’s key campaign promises from the 2024 election.
The Executive Order
The Executive Order, framed as a measure to protect states against “invasion,” includes several notable provisions:
- Suspension of Entry: The order suspends the physical entry of individuals deemed to be part of an “invasion” through the southern border of the United States.
- Constitutional Justification:The administration cites Article IV, Section 4 of the U.S. Constitution, which promises to protect states against invasion, as justification for this action.
- Immediate Removal: The Departments of Homeland Security, Justice, and State are directed to take immediate action to repel, repatriate, and remove individuals crossing the southern border illegally1.
- Asylum Restrictions: The order further restricts access to asylum provisions for those involved in what the administration characterizes as an “invasion”.
Fact-Checking the Executive Order “Fact Sheet”
Constitutional Interpretation
The document cites Article IV, Section 4 of the U.S. Constitution as justification for the executive order. While this section does mention protection against invasion, its application to immigration is a matter of legal debate. Constitutional scholars generally interpret “invasion” in this context to refer to foreign military action, not civilian migration.
Authority Claims
The document asserts presidential authority under the Immigration and Nationality Act and Article II of the Constitution. While presidents do have significant power over immigration policy, the extent of this authority, especially in terms of “closing the border,” is subject to legal interpretation and potential court challenges.
Presidential Authority Over Immigration Policy: A Complex Legal Landscape
The President’s power to shape and enforce immigration policy stems from a combination of statutory law and constitutional authority, creating a complex legal framework that often leads to debates and legal challenges.
The Immigration and Nationality Act
The Immigration and Nationality Act (INA) of 1952 serves as the cornerstone of U.S. immigration law. This comprehensive legislation outlines the structure of immigration policy, including visa categories, admission criteria, and deportation procedures. While Congress enacted the INA, it grants significant discretion to the executive branch in its implementation and enforcement.
Constitutional Powers
Article II of the Constitution, which establishes the executive branch, does not explicitly mention immigration. However, it vests the President with broad executive powers and the duty to “take Care that the Laws be faithfully executed.” This provision has been interpreted to give the President substantial authority in enforcing immigration laws.
Executive Action and its Limits
Presidents have historically used their executive powers to shape immigration policy through various means:
- Executive orders and proclamations
- Agency rulemaking and policy directives
- Enforcement priorities and resource allocation
However, presidential authority in this area is not unlimited. Courts have sometimes struck down executive actions deemed to exceed statutory or constitutional bounds. The exact extent of presidential power over immigration remains a subject of ongoing legal and political debate.
Checks and Balances
While the President wields significant influence over immigration policy, this power is balanced by:
- Congressional authority to pass immigration laws
- Judicial review of executive actions
- Constitutional protections for due process and equal protection
This system of checks and balances ensures that no single branch of government has unchecked control over immigration policy, reflecting the complex interplay between statutory law, constitutional principles, and executive authority in the American legal system.
The Economic Impact of Immigration: Costs and Contributions
While debates about immigration often focus on perceived costs, a comprehensive analysis reveals that immigrants, including undocumented ones, make substantial economic contributions through taxes and social programs.
Tax Contributions
Immigrants, both documented and undocumented, contribute significantly to the U.S. tax base:
- In 2022, undocumented immigrants paid $96.7 billion in federal, state, and local taxes. Of this, $59.4 billion went to the federal government, while $37.3 billion was paid to state and local governments.
- On average, undocumented immigrants paid $8,889 per person in federal, state, and local taxes in 2022.
- At the state level, undocumented immigrants contributed $15.1 billion in sales and excise taxes, $10.4 billion in property taxes, and $7.0 billion in personal and business income taxes.
Social Security and Medicare Contributions
Immigrants, including those without legal status, contribute to social programs they often cannot access:
- In 2022, undocumented immigrants paid $25.7 billion in Social Security taxes, $6.4 billion in Medicare taxes, and $1.8 billion in unemployment insurance taxes124.
- These contributions help fund current Social Security benefits and slightly slow the drawdown of the program’s trust funds7.
Economic Growth and Deficit Reduction
Immigrants play a crucial role in economic growth and deficit reduction:
- The Congressional Budget Office estimates that immigrants will add $7 trillion to the economy over the next ten years.
- Increased immigration is projected to reduce the federal budget deficit by approximately $897 billion over the next decade.
Effective Tax Rates
Contrary to some perceptions, undocumented immigrants often pay a higher share of their income in taxes compared to some high-income earners:
- Undocumented immigrants paid an average effective state and local tax rate of 8.9% in 2022, higher than the 7.2% average rate paid by the top 1% of earners.
Potential Economic Impact of Work Authorization
Granting work authorization to undocumented immigrants could further increase their economic contributions:
- If all current undocumented immigrants were granted work authorization, their tax contributions would increase by $40.2 billion annually, reaching a total of $136.9 billion.
While immigration does incur costs related to public services and integration, the economic data suggests that immigrants, including undocumented ones, contribute substantially to the U.S. economy and often pay more into the system than they receive in benefits.
Asylum Restrictions
The claim of restricting access to asylum provisions indeed conflicts with international treaties and U.S. law, which mandate the consideration of asylum claims regardless of an individual’s method of entry into the country. This principle is a cornerstone of refugee protection and has significant legal and humanitarian implications.
International Legal Obligations
The United States is a signatory to the 1967 Protocol Relating to the Status of Refugees, which incorporates the main substantive provisions of the 1951 Refugee Convention. These international agreements establish key principles:
- Non-refoulement: This fundamental principle prohibits the return of refugees to countries where they face serious threats to their life or freedom.
- Non-discrimination: Refugees are entitled to protection without discrimination based on their method of entry.
U.S. Domestic Law
The U.S. has incorporated these international obligations into domestic law:
- Immigration and Nationality Act (INA): This act, particularly as amended by the Refugee Act of 1980, establishes the legal framework for asylum in the U.S.
- Right to Apply: U.S. law explicitly allows individuals to apply for asylum regardless of their immigration status or how they entered the country.
“Day 1” Promise
While the document states this action fulfills a campaign promise, it’s worth noting that this executive order was signed on January 22, 2025, not on the first day of the term as promised