Refugee Rights and the Trump Administration: Week Two

Since taking office on January 20, 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 policy in a significant way.

In response, HIAS has launched a new series summarizing important developments and explaining what they mean. These recap posts, along with relevant articles, statements, and resources, can be found at a new page we’ve built to track the new administration’s effect on displaced people.

This week, we review how the executive orders published during Trump’s second week in office impact refugees and other displaced people. Read our recap of the administration’s first week here.

U.S. State Department Stop-Work Orders

What happened: On January 24, the U.S. State Department issued an order pausing all foreign aid spending for 90 days, placing an immediate halt on lifesaving work undertaken by HIAS and many other organizations. The pause also halts critical services to refugees who were already welcomed to the country through the U.S. Refugee Admissions Program, after fleeing persecution and violence. For HIAS, this will impact more than 2,000 clients in the United States who are still eligible to receive this support. 

What it means: The State Department’s order will have a devastating effect on millions of people around the world who depend on U.S. government assistance. For HIAS’ clients, the consequences are vast and far reaching. More than 53,000 people fleeing conflict in Sudan won’t have access to basic services in neighboring Chad. Fifty thousand migrants in Colombia will lose mental health and gender-based violence prevention services. More than 13,000 in Costa Rica will no longer receive legal protection services, and more than 4,000 stateless people in the Dominican Republic will have no one to guide them toward obtaining essential documentation. The cessation of services toward refugees means that the U.S. is reneging on an obligation to these individuals and the communities that welcomed them. 

“The magnitude of these stop-work orders is unprecedented and breathtakingly cruel,” said HIAS President Mark Hetfield. “The impact is staggering, abandoning millions of people around the world to face exploitation, violence, and hunger — including in places where HIAS has been working in partnership with the U.S. government for decades.” 

Immigration Enforcement in “Sensitive” Areas

What happened: On January 20, the Department of Homeland Security issued a directive rescinding 2011 guidelines that protected “sensitive” areas such as schools, houses of worship, and hospitals from ICE and CBP enforcement against undocumented migrants.  

What it means: The rescission of protection for “sensitive” areas will provide unfettered discretion to ICE and CBP personnel to target spaces where individuals seek solace, education, healthcare and other vital services that protect and strengthen our communities. On January 27, a group of Quaker organizations filed a lawsuit challenging the DHS rescission of protection for “sensitive” areas.   

Sanctuary Cities and ICE Raids

What happened: On January 21, the U.S. Department of Justice issued a memo to increase the prosecution of individuals who violate immigration law and to investigate local jurisdictions that do not share information with federal enforcement efforts. The memo threatens and targets so-called “sanctuary” cities and states whose policies protect undocumented, law-abiding individuals and re-direct critical law enforcement resources to stop violent, criminal activity.  

What it means: Sanctuary policies are a lawful and constitutional use of state and city authority. This memo intimidates local jurisdictions from their responsibility to protect their communities and scapegoats immigrants as a threat to public safety. Sanctuary policies build cooperation and trust between immigrants and law enforcement. The memo paved the way for ICE to conduct raids over the course of the last week in cities like Chicago and New York City that have sanctuary policies.  On January 25, a group of Chicago-based non-profit organizations filed a lawsuit challenging these raids. 

The Laken Riley Act

What happened: On January 29, President Trump signed the Laken Riley Act into law. The legislation requires DHS to indefinitely detain immigrants who are arrested and accused, without a conviction, of a range of petty offenses like shoplifting and burglary. The law also empowers state attorneys general to dramatically change federal immigration policy they disagree with.  

What it means: The Laken Riley Act strips immigrants of basic due process and will increase the mass detention and deportation of non-violent immigrants. Instead, DHS should prioritize its resources towards public safety and national security by targeting individuals convicted of violent crimes for deportation.  

The Detention of Migrants in Guantanamo Bay

What happened: On January 29, President Trump issued an executive order to expand detention space at the U.S. Naval Base in Guantanamo Bay, Cuba, to house 30,000 migrants. This policy follows a January 20 executive order calling on DHS to expand and construct more detention capacity. According to government data, there are close to 40,000 individuals detained in ICE custody in facilities across the United States.  

What it means: A lot is unknown about the details of the plan and who would be detained. The detention of migrants abroad could severely restrict their access to legal representation in a location that has raised serious concerns of human rights violations.  

Termination of Humanitarian Parole

What happened: Since January 20, important policy changes were announced that threaten the use of humanitarian parole, a DHS program which grants individuals temporary permission to live and work in the United States. A January 20 executive order terminated all “categorical” parole programs for individuals from select countries. On January 28, DHS stopped processing all applications for humanitarian parole. In addition, on January 23, DHS issued a memo to review the parole status of all individuals in the United States for possible deportation.  

What it means: These changes will impact hundreds of thousands of people in the United States and across the world. Nationals of war-torn and crisis-ridden countries will lack access to protection. The legal status of individuals lawfully admitted into the U.S. with humanitarian parole is in jeopardy. This includes over 530,000 parolees admitted under the CHNV program (Cuba, Haiti, Nicaragua, and Venezuela), over 220,000 parolees under the United for Ukraine program, and more than 930,000 individuals who entered through CBP One on the southern border. 

Revocation of Extension of Temporary Protected Status (TPS) for Venezuelans

What happened: On January 28, DHS Secretary Kristi Noem revoked an extension of Temporary Protected Status (TPS) for over 600,000 Venezuelan nationals in the United States. TPS provides temporary legal status to individuals from 17 designated countries experiencing severe crisis. Individuals with TPS can lawfully live and work in the United States. In a January 20 executive order, the administration signaled they would limit the scope of TPS designations.  

What it means:   Contrary to public statements made by Trump administration officials, individuals with TPS have lawful status in the United States. As of March 2024, there were more than 850,000 individuals in the U.S. from 17 designated countries with TPS. Termination of TPS will have an enormous impact on these individuals, placing them at risk of deportation and removal back to their countries.