ExecutiveOrdersEO
EO 13768Executive OrderTrump 45 · R

Executive Order 13768

Enhancing Public Safety in the Interior of the United States

This executive order directs aggressive interior immigration enforcement, expands deportation priorities to include charged but unconvicted individuals and those deemed risks by immigration officers, seeks to cut federal funding to sanctuary jurisdictions, authorizes 10,000 additional immigration officers, reinstates the Secure Communities program, and establishes new reporting requirements on crimes by removable aliens. It also limits Privacy Act protections for non-citizens and non-permanent residents.

Federal Register Open PDF 82 FR 8799

Impact dates

  1. Guidance and regulations for civil fines and penalties

  2. Second progress report from Secretary and Attorney General

  3. Immediate termination of PEP and reinstatement of Secure Communities

  4. Immediate engagement with governors/local officials on 287(g) agreements

Key directives

  • Prioritize removal of aliens convicted of any criminal offense, charged with any offense, who committed chargeable offenses, engaged in fraud, abused public benefits, have final removal orders, or are deemed public safety/national security risks by immigration officers
  • Hire 10,000 additional immigration officers subject to appropriations
  • Terminate PEP and reinstate Secure Communities
  • Enter into 287(g) agreements with state/local law enforcement
  • Ensure sanctuary jurisdictions are ineligible for federal grants except for law enforcement as determined by AG/Secretary
  • Publish weekly Declined Detainer Outcome Report with criminal actions by aliens and non-compliant jurisdictions
  • Establish ICE office for victims of crimes by removable aliens with quarterly reports
  • Exclude non-citizens and non-LPRs from Privacy Act protections to extent consistent with law
  • Implement sanctions under INA section 243(d) against recalcitrant countries
  • Collect and report quarterly on immigration status of incarcerated aliens in federal, state, and local facilities

Who is ordered

Timeline

Immediate

  • Termination of Priority Enforcement Program (PEP)
  • Reinstatement of Secure Communities program
  • Engagement with governors/local officials on 287(g) agreements
  • Establishment of office for victims of crimes by removable aliens
  • Weekly public reporting on criminal actions by aliens and declined detainers
  • OMB collection of federal grant data for sanctuary jurisdictions

Near term (90d)

  • Secretary and Attorney General first progress report due
  • Hiring process for 10,000 additional immigration officers
  • Implementation of 287(g) agreements with state/local law enforcement
  • Review of agency regulations for consistency with order
  • Consolidation and revision of forms for law enforcement communication

Long term

  • Guidance and regulations for civil fines/penalties (by January 25, 2018)
  • Second progress report at 180 days
  • Quarterly reports on incarceration data (Sec. 16)
  • Quarterly victimization reports from new ICE office
  • Potential federal funding restrictions for sanctuary jurisdictions fully implemented
  • Diplomatic efforts to secure repatriation agreements with recalcitrant countries

Risks & tensions

  • Legal vulnerability: Federal courts later blocked significant portions, particularly sanctuary jurisdiction funding cuts (10th Circuit ultimately upheld limited withholding in 2022; broader restrictions enjoined)
  • Vague enforcement scope: Priority categories (b), (c), (e), and (g) grant broad discretionary authority to individual immigration officers without conviction requirements
  • Federalism tension: Coercive use of federal grants to compel state/local compliance raises constitutional questions under anti-commandeering doctrine
  • Resource tension: 10,000 officer hiring 'subject to availability of appropriations' creates implementation gap if Congress does not fund
  • Privacy Act exclusion scope uncertain: 'To the extent consistent with applicable law' qualifier leaves actual operational impact unclear
  • Weekly public 'shaming' reports on sanctuary jurisdictions and alien crimes risk due process concerns and may inflame intergovernmental conflicts
  • Diplomatic friction: Conditioning bilateral relations on repatriation acceptance may strain foreign partnerships
Executive Order 13768: Enhancing Public Safety in the Interior of the United States · Executive Orders