With President Donald Trump’s return to office this winter, he signed a flurry of executive orders that affect every part of the government, as well as everyday people. It is important to note that most of these orders are to fulfill his campaign promises, with the main priorities being closing the border, deporting illegal immigrants and shrinking the size of our government to lower taxes for the American people. However, the legality and morality of these orders are questionable, and in most cases, an overextension of executive power. So, here is a recap of some of the biggest executive orders and examine their legality, purpose, and their impact on the American people.
Department of Government Efficiency
The White House’s Department of Government Efficiency, or DOGE, was created by President Trump on January 20 with the goal of cutting federal spending. This new Department is led by billionaire and CEO of Tesla Elon Musk, leading to many lawsuits and controversies. (What is DOGE).
Trump’s Treasury Secretary, Scott Bessent, gave financial data to Elon Musk and his DOGE staff, exposing sensitive personal and financial data of nearly all American taxpayers. The Treasury’s payment system manages the distribution of trillions of dollars of congressionally-authorized payments, including Social Security checks. With all this data in the hands of a governmental organization that has very minimal background checks and all your data in the hands of Musk’s employees who are as young as 19, it could never hurt to prepare for the worst. If you are concerned about the status of your personal information, there are a few precautions you can take. You can freeze your credit, check credit reporting sites and check social security earnings to get ahead.
Is it legal?
No, current federal law protects Americans’ private and sensitive information from being improperly disclosed and misused. DOGE has not publicly stated its reason for needing to access such private and sensitive information that is protected under federal law, including the Privacy Act of 1974 and the Social Security Act.
“Deferred Resignation” Effort to reduce the size of the Federal Workforce
On January 28, the Trump Administration sent a “deferred resignation” offer email to federal employees, urging them to resign by February 6 and claiming they would retain pay and benefits until September 30, 2025. Approximately 65,000 of 2 million federal employees, or around 3%, have accepted Trump’s offer and resigned. However it is unclear if the government will actually follow through on the offer, and its legality is also extremely questionable.
Is it legal?
As of right now, yes. The legal group Democracy Forward filed a lawsuit on February 4 on behalf of labor unions representing more than 800,000 federal employees. However, the U.S. District Judge George O’Toole has declined to block the Trump administration’s deferred resignation program for federal employees.
Federal funding freeze
Trump ordered a “temporary pause” of grants, loans and other financial assistance programs run by the Federal Government. If implemented, this would mean funding could be cut off for vital resources like Head Start programs and school meal programs. This pause would also halt critical medical research, including cancer and dementia studies at the country’s top universities. This means that the people working on federal government funds have their jobs in jeopardy,as their jobs might cease to exist with the withdrawal of government funding.
Is it legal?
No. The executive branch is responsible for enforcing laws and other legislation passed by congress. In this case, not only is Trump not spreading the grants and loans that were already approved by congress, he is trying to get rid of the programs where the spending should go. For now, his order has been frozen by a federal court. However, executive agencies continue to suspend funding, despite multiple court orders blocking the federal freeze.
Birthright Citizenship
Trump’s executive order seeks to revoke birthright citizenship for children of undocumented immigrants. He claims that those in the U.S. illegally are not “subject to the jurisdiction thereof.”
Is it legal?
No. This is a direct attack on the 14th Amendment and a blatant attempt to strip Americans of their citizenship based on who their parents are. This is another of Trump trying to overextend his power to the point where, in this order, it is unconstitutional. Three federal judges have put this order on hold claiming that it directly conflicts with the constitution.
Invoking the Alien Enemies Act of 1798
Trump’s executive order to designate cartels and transnational gangs as terrorist organizations also includes an additional provision.The Alien Enemies Act is a law that allows people to be arrested with no due process based purely on their nationality. It was the legal basis for the internment of Japanese, German, and Italian-Americans during World War II.
Trump is again, overstepping his executive power.History and government go hand and hand but Trump is just simply ignoring the last time that the U.S tried to do this. Japanese Americans were stripped of all rights simply for their ethnicity and now Trump is trying to strip immigrants of their rights again.
Is it legal?
Technically yes. No court has officially blocked this order, but its legality is still up in the air. This was meant to be a wartime measure and precaution for when the country was at unease in the previous world wars. So while technically he can order this, it is, like a majority of his orders, morally questionable and towing the line legally.
Freezing Foreign Aid and Shutting Down USAID
On January 20, Trump issued an executive order pausing all foreign development assistance for 90 days pending a review. Elon Musk and DOGE also seized the U.S. Agency for International Development (USAID), shutting down all of its programming, and laying off almost all of its staff. This includes Americans that are serving in war zones, finding themselves suddenly disconnected from their work emails and the app designed to alert security in case of emergency. Programs to provide treatment for people with HIV/AIDS, shelter for refugees and food for the hungry were suddenly halted and their staff ordered to return to the United States. While this may not have a direct impact to the people living in the domestic United States, the well being of millions of refugees and other people who are struggling across the globe is at great risk. Not to mention the staff members who are now jobless. However, this is all in an effort to cut federal spending at a rapid pace in the beginning of the new administration, and cut down on debt and taxes.
Is it legal?
Absolutely not. According to Laurence Tribe, a Harvard Law School professor,”Elon Musk’s claim that he has President Trump’s go-ahead to shut down USAID is flatly illegal and unconstitutional. In our democracy, congress holds what is called the “power of the purse”, which is the ability to tax and spend public money for the national government. In this scenario Trump is trying to override past decisions for government spending by freezing money that was already ordered to be spent how congress saw fit in the previous administration.