University of St. Thomas Law Journal

Breaking Down President Trump’s Executive Orders

Grace Sjoberg*

During his campaign, President Donald J. Trump pledged to implement significant federal government reforms, many of which were to be pursued through executive orders.1 His campaign rhetoric centered on reversing Biden-era policies, particularly on issues such as immigration, environmental regulations, and energy production, while championing the “America First” agenda.2 He also emphasized reducing bureaucracy and opposing social initiatives such diversity, equity, and inclusion (DEI) programs.3 Executive orders are not explicitly defined in the Constitution, and their authority must derive from an already existing statute or constitutionally enumerated presidential power.4 An executive order that seeks to impose “an obligation, right, or penalty” outside the scope of presidential authority encroaches on Congress’s legislative powers, violating the Separation of Powers doctrine.5 As a result, the scope of presidential authority in issuing executive orders has long been a point of contention. The wave of executive orders issued during the first few months of the second Trump administration is no exception. These orders, their legal basis, and impact should be carefully examined to ensure compliance with constitutional principles and the tenets of democratic governance.

What is an Executive Order?

Executive orders are official documents by which the President of the United States manages the operations of the government.6 Executive orders have the force of law, similar to regulations issued by federal agencies, but unlike legislation, they do not require Congressional approval and cannot be overturned by Congress.7 Only a sitting president can overturn a previous executive order by issuing another to that effect.8 While a president may have the authority to pass an executive order, one that purports to pass a federal law or that does not have a basis in an enumerated presidential power violates the Constitution and is invalid.9 In other cases, Congress uses several methods to restrain the effects of executive orders, like withholding spending on programs created by the order.10 The federal courts also have the power to challenge executive orders and strike them down if deemed unconstitutional.11

For better or worse, since taking office President Trump has made good on his promise for rapid reform. In his first one-hundred days in office, he signed seventy-two executive orders, setting a record for the most executive orders issued by a president during this initial period in over four decades,12 and this is only just the beginning. Below are just some of the few that President Trump already issued.

DEI & Gender

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” revokes the equal employment opportunity and affirmative action requirements that had been in place in government contracting since 1965.13 The order directs the heads of federal agencies to enforce civil rights laws and combat illegal private-sector DEI preferences, policies, and programs.14 While the order does not define “illegal,” it aligns with federal anti-discrimination laws, which prohibit using race, gender, and other protected characteristics in personnel decisions.15 The order aligns with the administration’s objective to eliminate any sort of DEI promotions and practices.16

“Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” declared it US policy to recognize two sexes: male and female.17 Among other things, it directs agencies to enforce sex-based distinctions, rather than identity-based distinctions.18 Official government-issued identification must reflect the holder’s sex rather than gender identity.19 Effectively, the order withdraws federal recognition for transgender people and requires these federal departments to replace all instances of “gender” with “sex.”

“Keeping Men Out of Women’s Sports” reinterprets Title IX and seeks to ban transgender women and girls from competing in female sports.20 This order relies on the definitions in the previously mentioned order for “male” and “female,” and states an individual’s sex is determined “at conception.”21 The order directs the Secretary of Education to withhold federal funding from educational institutions that allow for participation in women’s sports based on gender identity, rather than sex.22 Several states, including Minnesota, have refused to comply with this order, prompting investigations into state high school league associations by the Department of Education.23

Immigration

 “Securing Our Borders” establishes the policy of the US to secure its borders by erecting a physical wall and other barriers, deterring and preventing the entry of illegal aliens, detaining and removing illegal aliens who violate federal or state law, or who enter or remain in the US in violation of federal law.24 This order was issued on the same date as the proclamation “Declaring a National Emergency at the Southern Border of the United States,” which directs the use of armed forces, physical barriers, and aerial systems at the southern border.25 It broadly proclaims an effort to protect American citizens from the “widespread chaos and suffering” caused by “illegal aliens,” particularly “criminal gangs and cartels.”26 Similarly, “Protecting the American People Against Invasion” revokes Biden-era executive orders related to immigrant enforcement policies and procedures for migration and asylum seekers.27 It directs the Department of Homeland Security to implement new policies to address illegal entry and removal of undocumented immigrants.28 It also directs the Attorney General to take action against “sanctuary jurisdictions” which interfere with these operations.29

“Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” commands the Department of Homeland Security and Department of State to implement “enhanced vetting” for visa applicants.30 Under the order, foreign nationals applying for visas will likely encounter more delays, administrative processing, and heightened scrutiny, especially for those born in the designated “high-risk” countries.31

“Protecting the Meaning and Value of American Citizenship” establishes a new policy for birthright citizenship. To acquire US citizenship automatically, children born on or after February 19, 2025, in the US must have one parent who is a legal permanent resident of the United States.32 Several lawsuits have been filed by state Attorneys General and immigration groups seeking to block the order as unconstitutional under the 14th Amendment’s Citizenship Clause.33

Energy & Trade

In three separate executive orders, President Trump invoked the International Emergency Economic Powers Act to implement tariffs on imports from Canada, Mexico, and China. “Imposing Duties to Address the Situation at Our Southern Border” imposes a 25% tariff on imports from Mexico to address the “grave threat” of the influx of “illegal aliens and illicit drugs” into the US.34 “Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border” recognizes that the challenges at the southern border are not unique, and similar drug-trafficking issues are present at the northern border.35 Correspondingly, the order implements a 25% tariff on products imported from Canada, with a 10% tariff with respect to energy and energy resources.36 The third executive order in this area imposes a 20% tariff on products from China to address the synthetic opioid crisis.37 According to President Trump, the tariffs will boost US manufacturing, protect jobs, raise tax revenues, and grow the domestic economy.38 The status of the tariffs imposed by President Trump through executive orders remains fluid, with rates, targeted goods, and affected countries frequently changing.39 These measures are driven less by fixed policy and more by Trump’s belief that the U.S. is being taken advantage of – using tariff threats primarily as leverage in broader trade negotiations.40  

Regarding energy, President Trump issued numerous orders rolling back climate protections and increasing fossil fuel extractions. “Declaring a National Energy Emergency” proclaimed the administration’s concern that the US does not adequately exploit its natural energy resources.41 “Unleashing American Energy” aims to address this concern by instructing agencies to identify procedures and policies that have an “undue burden” on the mining sector.42 It instructs these agencies to revise or rescind these policies and procedures and broadly states that it is US policy to encourage, explore, and exploit natural resources for energy production.43 In Minnesota, this re-ignites the long debate over mining on the Iron Range, leading to questions about the environmental future of the area.44

Administrative & Federal Contracts

“Establishing and Implementing the President’s ‘Department of Government Efficiency’” establishes the Department of Government Efficiency (DOGE) as an official federal agency.45 DOGE’s agenda is to modernize the federal government, improve governmental efficiency, and overhaul governmental spending across departments.46 The Department is “led” by Elon Musk, who is operating in the capacity as an “unpaid special government employee.”47 Critics of the department highlight the lack of DOGE’s transparency, Musk’s conflicts of interest as an unelected official, and argue the Department is spreading misinformation about government spending.48 Another critique is that Musk and his team have unrestricted access to governmental information, like Treasury Department data, which contains all individual taxpayer data and is typically subject to strict disclosure rules.49

“Continuing the Reduction of the Federal Bureaucracy” aims to eliminate the elements of bureaucracy that the President has deemed unnecessary.50 Seven governmental entities are set to be eliminated “to the maximum extent” under applicable law.51 This order targets international media organizations, public libraries, and homelessness reduction agencies.52 The elimination of these agencies comes after the administration attempted to eliminate large portions of almost twenty offices of the federal workforce, such as positions in the Department of Homeland Security, Department of Energy, the Consumer Financial Protection Bureau, the Department of Veterans Affairs, the Department of Health and Human Services.53

The Strategic Impact of Trump’s Executive Orders

Although many orders affect different realms of government, they are all related and operate to push Trump’s agenda. For example, Musk states as part of the war on “woke” policies, his team “saved taxpayers over $1 billion” when cutting DEI contracts on the federal level.54 The tariffs on Mexico, China, and Canada are premised on illegal immigration, and unprecedented levels of drug trafficking in the country, but also seek to return manufacturing to the country and push the administration’s America First agenda. Some argue that the message to the public is not contained in any executive order.55 Critics argue that the flood of executive orders conveys that this is Trump’s government and follows his will.56 This tension is highlighted by the fact that the President has not submitted one of these directives as legislation to pass through Congress, which would accomplish more durable reform.57

Regardless of the substance of each executive order, the Trump administration is clearly demonstrating its commitment to drastically reform the federal government, as promised during the 2024 presidential campaign. Whether or not President Trump is able to obtain meaningful change through the use of executive orders is being called into question, and the legal challenges and political outcry for his overreach has only begun.

* Grace Sjoberg, J.D. Candidate at the University of St. Thomas School of Law Class of 2026 (Associate Editor).

  1. Robert Trait, Trump Planning Flurry of Executive Orders for First Day, Top Aid Says, The Guardian (Nov. 12, 2024, 11:21 AM), https://www.theguardian.com/us-news/2024/nov/12/trump-executive-orders [https://perma.cc/57TD-WF6T]. ↩︎
  2. Daniel Payne, The Trump Agenda: Here’s What to Expect from His Second Term, Politico (Nov. 6, 2024, 05:39 AM), https://www.politico.com/news/2024/11/06/donald-trump-second-term-policies-00187157 [https://perma.cc/J2US-LNBX]. ↩︎
  3. Id.   ↩︎
  4. Christopher Wright Durocher, What is an Executive Order and What Legal Weight Does it Carry?, Am. Const. Soc’y (March 19, 2025), https://www.acslaw.org/inbrief/what-is-an-executive-order-and-what-legal-weight-does-it-carry/ [https://perma.cc/G9XR-25CA]. ↩︎
  5. Id. ↩︎
  6. Bureau of Justice Assistance, Executive Orders on Privacy and Civil Liberties and Information Sharing Environment, U.S. Dep’t of Just., https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/executive-orders [https://perma.cc/C4EV-JBLD] (last visited March 21, 2025). ↩︎
  7. Division for Public Education, What Is an Executive Order, Am. Bar Ass’n (Jan. 25, 2021), https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-an-executive-order-/ [https://perma.cc/EN2V-WLBG]. ↩︎
  8. Id. ↩︎
  9. Bureau of Justice Assistance, supra note 3. ↩︎
  10. Bureau of Justice Assistance, supra note 3. ↩︎
  11. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952). ↩︎
  12. Nigel Chiwaya et al., Tracking Trump’s Executive Orders, NBC News (Feb. 5, 2025, 2:45 PM), https://www.nbcnews.com/data-graphics/tracking-trumps-executive-orders-rcna189571 [https://perma.cc/LDC2-QURK]. ↩︎
  13. Exec. Order No. 14173, 90 Fed. Reg. 8633, 8634 (Jan. 21, 2025). ↩︎
  14. Id. at 8633–35. ↩︎
  15. Id. at 8634. ↩︎
  16. See also, Exec. Order No. 14151, 90 Fed. Reg. 8339 (Jan. 20, 2025) (declaring US policy to end DEI programs and preferencing in the federal government). ↩︎
  17. Exec. Order No. 14168, 90 Fed. Reg. 8615 (Jan. 20, 2025). ↩︎
  18. Id. at 8615–16. ↩︎
  19. Id. at 8616. ↩︎
  20. Exec. Order No. 14201, 90 Fed. Reg. 9279 (Feb. 5, 2025). ↩︎
  21. Id.; see also Exec. Order No. 14168, supra note 14. ↩︎
  22. Exec. Order No. 14201, supra note 17. ↩︎
  23. David Griswold & Raya Quttaineh, Department of Education Investigating MSHSL for Policy on Transgender Athletes, Kare 11 News (Feb. 12, 2025, 3:28 PM), https://www.kare11.com/article/sports/high-school/education-department-investigating-mshsl-transgender-policy/89-d6d0486f-5510-442e-aabe-7ae5c4f36c3c#:~:text=%22The%20Minnesota%20State%20High%20School,consistent%20with%20their%20gender%20identity [https://perma.cc/8YFZ-HKXW]. ↩︎
  24. Exec. Order No. 14165, 90 Fed. Reg. 8467 (Jan. 20, 2025). ↩︎
  25. Proclamation No. 10886, 90 Fed. Reg. 8327, 8328 (Jan. 20, 2025). ↩︎
  26. Id. at 8327. ↩︎
  27. Exec. Order No. 14159, 90 Fed. Reg. 8443 (Jan. 20, 2025). ↩︎
  28. Id. at 8444. ↩︎
  29. Id. at 8446. ↩︎
  30. Exec. Order No. 14161, 90 Fed. Reg. 8451 (Jan. 20, 2025). ↩︎
  31. Phillip Pulllig, Yenmi Tang, Sang M. Shin & Christian A. Triantaphyllis, A Summary of President Trump’s Immigration-Related Executive Orders, Jackson Walker (Jan. 24, 2025), https://www.jw.com/news/insights-trump-immigration-executive-orders/ [https://perma.cc/H3L5-QCRY]. ↩︎
  32. Exec. Order No. 14160, 90 Fed. Reg. 8449 (Jan. 20, 2025). ↩︎
  33. See Casa, Inc. v. Trump, No. DLB-25-201, 2025 WL 408636, at *1 (D. Md. Feb. 5, 2025). ↩︎
  34. Exec. Order No. 14194, 90 Fed. Reg. 9117 (Feb. 1, 2025). ↩︎
  35. Exec. Order No. 14193, 90 Fed. Reg. 9113 (Feb. 1, 2025). ↩︎
  36. Id. at 9114. ↩︎
  37. Exec. Order No. 14228, 90 Fed. Reg. 11463 (Mar. 3, 2025). ↩︎
  38. Memorandum on America First Trade Policy, 90 Fed. Reg. 8471 (Jan. 20, 2025) (establishing a “trade policy that promotes investment and productivity, enhances our Nation’s industrial and technological advantages, defends our economic and national security, and—above all—benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.”). ↩︎
  39. Jennifer Clarke, What Are Tariffs and Why Is Trump Using Them?, BBC News (April 14, 2025), https://www.bbc.com/news/articles/cn93e12rypgo [https://perma.cc/S8SN-YXTX].  ↩︎
  40. Id. ↩︎
  41. Exec. Order No. 14156, 90 Fed. Reg. 8433 (Jan. 20, 2025). ↩︎
  42. Exec. Order No. 14154, 90 Fed. Reg. 8353, 8354 (Jan. 20, 2025). ↩︎
  43. Id. ↩︎
  44. Esme Murphy & Johnny Kahner, Future of Mining Near Boundary Waters, Superior National Forest Undetermined, CBS News (Jan. 23, 2025, 6:59 PM), https://www.cbsnews.com/minnesota/news/future-mining-near-boundary-waters-superior-national-forest/ [https://perma.cc/JC7K-GDDJ]. ↩︎
  45. Exec. Order No. 14158, 90 Fed. Reg. 8441 (Jan. 20, 2025). ↩︎
  46. Id. ↩︎
  47. James FitzGerald & Holly Honderich, What Is DOGE and Why Is Musk Cutting So Many Jobs?, BBC News (Feb. 18, 2025), https://www.bbc.com/news/articles/c23vkd57471o [https://perma.cc/TZJ7-WFRR]. ↩︎
  48. Id. ↩︎
  49. Niall Stanage, DOGE and Musk: The 5 Biggest Controversies So Far, The Hill (Feb. 18, 2025, 6:00 AM), https://thehill.com/policy/technology/5150104-elon-musk-government-efficiency-controversy/ [https://perma.cc/6D7M-RLVT]. ↩︎
  50. Exec. Order No. 14238, 90 Fed. Reg. 13043 (Mar. 14, 2025). ↩︎
  51. Id. ↩︎
  52. Greta Cross, Trump Cuts Funding for Federal Agencies with Executive Order: See List of What’s Affected, USA Today (Mar. 15, 2025, 6:12 PM), https://www.usatoday.com/story/news/politics/2025/03/15/trump-executive-order-federal-agencies-funding-cut/82448071007/ [https://perma.cc/NAW8-272X]. ↩︎
  53. Julia Reinstein, Here Are All the Federal Agencies Where Workers Are Being Fired, ABC News (Feb. 24, 2025, 6:48 PM), https://abcnews.go.com/US/agencies-federal-workers-fired/story?id=118901289 [https://perma.cc/LQV9-GWAM]. ↩︎
  54. James FitzGerald & Holly Honderich, supra note 48. ↩︎
  55. Ezra Klein, Don’t Believe Him, New York Times (Feb. 2, 2025), https://www.nytimes.com/2025/02/02/opinion/ezra-klein-podcast-trump-column-read.html# [https://perma.cc/TU74-N46J]. ↩︎
  56. Id. ↩︎
  57. Id. ↩︎

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