By Mel Wilson, NASW Senior Policy Adviser
Donald Trump issued more than 100 Executive Orders (EOs) on January 20, the first day of his presidency.
Chief among them was a series of EOs dealing with immigration/migration which – in the opinion of the National Association of Social Workers (NASW) – represent an unparalleled departure from the values, principles and policies that have long affirmed the United States as a nation that welcomes immigrants.
In particular, NASW is deeply concerned about aspects of the EOs that include mass deportation and/or family separation; ending birthright citizenship; deploying military personnel to the border; and creating vastly expanded immigrant/migrant detention centers – especially family and child detention facilities.
By targeting mostly vulnerable individuals and families, the new administration promotes a climate of fear in immigrant communities – many of whom have lived and worked in the U.S. for decades.
Trump’s EOs focusing on undocumented migrants on the nation’s southwest border are mostly aimed at stopping the flow of unauthorized border crossing from Mexico, as well as asylum seekers presenting themselves on the U.S. side of the border reand questing legal entry based on conditions – such as violence – in their home countries.
Nations have the right to protect their borders, but NASW is against policies that disregard human and civil rights
We should be reminded that such border crossings are not new, and seeking asylum from violence and persecution is covered by American immigration laws. However, while we recognize that all sovereign nations have a right to secure its borders, NASW opposes the tactics and disregard for protecting human and civil rights that the Trump EOs present.
For instance, NASW takes issue with the following policies and procedures found in the immigration EOs:
– The EO dealing with the Militarization of border enforcement states that the military must treat border security not as a law enforcement matter, but as full-scale military campaign. The EO’s position represents a departure from an over 150-year-old policy that essentially forbade the use of the military for domestic operations. For that reason, the Trump administration intends to apply the 1798 Alien Enemies Act as the legal authority for employing the military for sealing the border. The act permits the president to target immigrants without a hearing and based only on their country of birth or citizenship. For this and other reasons, use of the military for border security presents significant challenges, such as:
- Remain in Mexico policy – The Remain in Mexico Policy EO will require many asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court. This policy began and was implemented during the first Trump administration in 2019. The result was tens of thousands of migrants being held for extended amounts of time in Mexico. The main opposition to the Remain in Mexico policy are human rights violations that resulted from migrants being forced into squalid camps – often exposing them to violence from drug cartels, and sexual violence.
- Family Separation owes its existence as a policy to the first Trump administration via the current “Border Czar, Tom Homan, and the White House Senior Policy Advisor, Steven Miller. This policy – which was abandoned by the Biden administration – has been resurrected as a part of the Trump’s current mass deportation EO. Family separation is particularly insidious in its purposeful disregard for the life altering emotional and economic impact it has on migrant families and children.
NASW’s concerns about the overall mass deportation EO are directed not only to the administration’s approach to securing the southwest border. We are equally concerned about the fact that once operationalized the mass deportation program could and will affect millions of people residing nearly every state in the union.
Immigration executive orders put vulnerable children at great risk
It is this wide breadth of individuals and families that will be caught up in this program that elevates NASW’s apprehension about its potentially destructive outcomes. NASW is particularly disturbed about the degree to which children with be directly or indirectly affected.
For example, there will be will severe threats and consequences to the safety and long-term well-being of millions of children who are members of mixed-status immigrant families, including children who are U.S. citizens. The data are clear, for example:
Assocation is against stripping birthright citizenship
This leads to NASW’s strong objection to Trump’s EO that declares an end to birthright citizenship. First of all, there is no dispute among experts and scholars that birthright citizenship is a Constitutionally guaranteed right covered by the 14th Amendment. Secondly, it is not coincidental that the birthright citizenship provision is included in one of the most important Constitutional amendments — that gave full citizenship to formerly enslaved African Americans The recognized birthright citizenship as an unassailable principle that affirmed the country’s commitment to equality.
That the Trump administration is attacking this principle as way to achieve its anti-immigrant goals is an afront to the Constitutional concept of equality, and the American value of inclusion. The idea of ending birthright citizenship is also in stark contrast to social work ethics and values.
In addition, NASW and the immigration community are deeply disappointed that Trump’s EO no longer requires the Department of Homeland Security (DHS) to adhere to the protected area policy . To end this policy is unconscionable. The decision will invariably result in emotionally and social anguish for families, children in mixed status families and to the communities in which they reside.
Rescinding Protected Area Policies
With respect to the expected widespread undocumented immigrant raids, we only need to look back on the mass deportation raids that took place during the Eisenhower Administration in 1955 to realize how inhumane and unjust such actions are. This was the largest mass deportation in U.S., affecting about 1.3 million people. It is likely that the Trump mass deportation raids will be exponentially more disruptive for individuals and families .
In addressing such concerns for inhumane treatment and other abuses during Immigration and Custom Enforcement (ICE) raids, the Biden administration created a protected areas policy. This policy prohibited (ICE) from conducting raids at such locations as churches, schools and hospitals.
However, to the deep disappointment of NASW and the immigration community, one of Trump’s immigrations EOs states that the Department of Homeland Security (DHS) is no longer required to adhere to the protected area policy. To end this policy is unconscionable. The decision will invariably result in emotionally and social anguish for families, children in mixed status families, and to the communities in which they reside.
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