Since taking office, President Trump has issued hundreds of executive orders, memoranda, and proclamations, many of which pertain directly to immigration, asylum, and refugee resettlement. These actions, along with additional executive orders and legislation expected in the weeks and months ahead, are poised to reshape United States immigration policy in a significant way for many years to come.
In response, HIAS has launched a series summarizing important developments and explaining what they mean. These recap posts, along with relevant articles, statements, and resources, can be found at a page we’ve built to track the new administration’s effect on displaced people.
This week, we review how actions recently taken by the Trump administration impact refugees and other displaced people.
Trump Defies Court Order Blocking Deportation of Venezuelan Immigrants Under Alien Enemies Act
What happened: Citing the Alien Enemies Act, a law passed in 1798 that allows the United States government to deport immigrants without due process during wartime, President Trump removed hundreds of alleged members of a Tren de Aragua, a Venezuelan gang, to an infamous prison complex in El Salvador. Following the president’s executive order on March 14 ordering the removals, a federal judge halted its execution. It is possible the Trump administration may have defied the order and allowed the flights to proceed.
What it means: President Trump’s invocation of the Alien Enemies Act raises serious questions about its legality. The United States isn’t currently at war with Venezuela. The use of the law also dovetails with the spurious and outrageous trope that undocumented immigrants represent an “invasion” that justifies this little-used removal of due process rights. Furthermore, the possibility of the Trump administration’s refusal to adhere to Judge Boasberg’s order risks a constitutional crisis in the United States by defying the court’s enforcement powers. The Trump administration did not furnish evidence that any of those deported were members of Tren de Aragua; in fact, the New York Times reported that some allegedly were not.
The use of the law also dovetails with the spurious and outrageous trope that undocumented migrants represent an “invasion” that justifies this little-used removal of due process rights.
Trump Administration Empties Guantanamo Bay of Immigrants — Then Changes Course
What happened: On March 12, the Trump administration abruptly removed 40 additional immigrants from the U.S. Naval base at Guantanamo Bay, Cuba. The decision — which temporarily emptied the facility of immigrants — comes after civil rights attorneys sued the administration for lack of access to counsel. The Defense Department is currently weighing whether to reduce the number of personnel handling immigrants at Guantanamo by half. On March 20, it was reported that ICE transported approximately 20 individuals to be detained at Guantanamo.
What it means: The president’s decision to detain immigrants in Guantanamo raises serious doubts about its legality and opens the door to widespread human rights abuses: Detainees at the base are denied access to counsel or contact with their families. Detaining, removing, and then detaining immigrants anew reinforces the Trump administration’s difficulty in executing its ill-considered mass deportation plan, one that has so far failed to pass legal muster.
Administrative Changes Put Newly Arrived Refugees at a Disadvantage
What happened: Two less-publicized changes that will impact recent refugees: The federal Office of Refugee Resettlement (ORR) announced plans to dramatically shorten the eligibility window for Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) from 12 months to four months. The changes are set to go into effect on May 5. TORR, meanwhile, will also cut refugee aid organizations out of serving as designated organizations to administer Refugee Support Services (RSS) funding for newly arrived refugees. This funding includes coverage of time-limited housing assistance, employment training services, and interpretation and translation services.
What it means: A cornerstone of the USRAP is that newly arrived refugees become economically self-sufficient as quickly as possible. RCA and RMA promote this goal by bridging fundamental gaps for recipients. And while the eligibility window has fluctuated in length over the years, it has never been as brief as four months, putting newly arrived refugees and other eligible populations at a distinct disadvantage. The changes to the administration RSS funding, meanwhile, mark another episode in the Trump administration’s assault on refugee resettlement agencies, a process that will lead to negative consequences for refugees in the U.S.
