30 January 2025
On January 20, 2025, a new executive order was issued, declaring a sweeping policy framework aimed at securing the U.S. southern border and curbing unauthorized immigration. Titled “Securing Our Borders,” the order introduces measures that emphasize enforcement, detention, and operational control of immigration processes. While the administration frames these actions as necessary to protect national security and public safety, the policies raise critical legal and humanitarian concerns. At VKM Law Group, we examine the practical implications of these directives for individuals, families, and businesses navigating the U.S. immigration system.
Key Components of the Executive Order
The executive order outlines a range of strategies to enforce stricter immigration controls, including:
- Physical Barriers and Personnel Deployment
- Mandates the construction of physical barriers and technological systems to secure the southern border.
- Deploys personnel from the Department of Defense and DHS to enhance operational border control.
- Detention Policies
- Calls for the detention of all individuals apprehended for immigration violations until removal, signaling an end to “catch-and-release” practices.
- Instructs DHS to establish policies that mandate detention, regardless of individual circumstances.
- Resumption of Migrant Protection Protocols (MPP)
- Directs DHS to reinstate MPP (commonly known as “Remain in Mexico”), requiring asylum seekers to await U.S. immigration hearings in Mexico.
- Curtailment of Humanitarian Parole and Pathways
- Terminates programs such as the CBP One application and categorical parole pathways for nationals from Cuba, Haiti, Nicaragua, Venezuela (CHNV), and other countries.
- DNA and Identification Measures
- Mandates the use of biometric data, including DNA, to verify familial relationships and identify individuals apprehended at the border.
- International Cooperation
- Expands partnerships with foreign governments to address migration, focusing on deterring unlawful entry.
- Prosecution Priorities
- Increases prosecution of offenses such as human trafficking, child smuggling, and unauthorized border crossings.
Analysis of Potential Impacts
1. Humanitarian Consequences of MPP
The reinstatement of MPP raises significant concerns about its impact on asylum seekers:
- Humanitarian Crisis: When previously implemented, MPP forced thousands of migrants into unsafe, overcrowded camps in Mexico, where they faced violence, exploitation, and lack of access to basic resources.
- Barriers to Justice: Operational flaws often denied migrants access to legal representation and fair court proceedings.
- Reliance on Mexico’s Cooperation: The program depends on Mexico’s agreement to accept migrants, creating diplomatic and logistical challenges.
At VKM Law Group, we’ve witnessed firsthand how MPP obstructs access to due process for vulnerable individuals. By forcing asylum seekers into perilous conditions, the policy may violate international humanitarian obligations.
2. Elimination of Legal Pathways
Ending programs like CBP One and CHNV parole restricts orderly and legal migration options. These programs have proven effective in:
- Reducing irregular border crossings.
- Providing relief to individuals fleeing violence, persecution, or political instability.
Eliminating these pathways will likely compel more migrants to attempt dangerous, unauthorized crossings, exacerbating humanitarian challenges at the border.
3. Overburdening Detention Systems
The mandate to detain all apprehended individuals will strain already overwhelmed detention facilities. Similar policies under prior administrations led to:
- Overcrowding and inhumane conditions in detention centers.
- Limited capacity to address individual cases, resulting in prolonged detention periods.
The administration will need to secure significant funding to expand detention infrastructure, but this approach risks prioritizing mass incarceration over more effective, humane alternatives like supervised release programs.
4. Legal and Privacy Concerns
The order’s biometric data requirements, including DNA collection, raise concerns about privacy and the potential misuse of sensitive personal information. Expanding federal data-sharing initiatives may lead to:
- Targeting of undocumented family members, including children seeking asylum as unaccompanied minors.
- Increased surveillance of immigrant communities, potentially infringing on civil liberties.
5. State and Local Burdens
By deputizing state and local law enforcement under federal immigration priorities, the order risks violating the 14th Amendment’s prohibition against commandeering state and local resources. This creates:
- Unfunded mandates for local jurisdictions required to allocate staffing and resources to enforce federal immigration laws.
- Erosion of community trust, as immigrant populations may fear engaging with local law enforcement due to their involvement in federal enforcement.
Lessons from Past Policies
Historical precedents show that similar policies have proven ineffective in achieving their stated goals:
- Catch-and-release alternatives: Past data indicates that individuals released with monitoring or supervision programs overwhelmingly attend their immigration hearings, challenging the narrative that mandatory detention is necessary.
- MPP Ineffectiveness: Studies reveal that forcing asylum seekers to wait in Mexico increases irregular crossings rather than deterring them.
At VKM Law Group, we advocate for policies that balance enforcement with fairness and humanity, fostering lawful pathways for migration rather than punitive measures that disproportionately impact vulnerable populations.
Navigating the complex immigration landscape under this new order requires expert legal guidance. At VKM Law Group, we specialize in assisting individuals, families, and businesses affected by changes in immigration policies. We provide:
- Asylum Advocacy: Representing asylum seekers impacted by MPP or restricted pathways.
- Detention Defense: Challenging prolonged or unjust detention under the new policies.
- Compliance for Employers: Helping businesses comply with enhanced enforcement measures.
- Humanitarian Relief Applications: Assisting clients in navigating humanitarian parole, TPS, or other relief programs.
Conclusion: A Call for Balanced Immigration Policy
The “Securing Our Borders” executive order signals a significant shift in U.S. immigration policy, emphasizing enforcement over humanitarian considerations. While border security is essential, policies must not disregard the rights, dignity, and safety of migrants. At VKM Law Group, we are committed to helping our clients navigate these challenges with professionalism, compassion, and a deep understanding of the law.
If you or your loved ones are affected by this executive order, contact VKM Law Group today to schedule a consultation. Together, we can explore your options and protect your rights in this evolving legal landscape.