In the past several decades, many U.S. presidents have made important decisions about immigration by issuing executive orders. With a significant change in the presidency on the horizon in January 2025, it might be helpful now for Miami residents who are interested in immigration law to understand exactly how executive orders work.
The president of the United States issues executive orders under their authority as the official who oversees enforcing the laws of our country.
As the name implies, the president is ordering other federal officials and departments to take or not take certain actions. The president is the head of the executive branch, and most federal agencies, including the Department of Homeland Security, fall under the authority of the president.
A president does not need the approval of Congress to issue, revise or retract an executive order. In fact, some of the most significant decisions in our country’s history have been made by presidents acting alone by using executive orders.
Different presidents use executive orders differently, and presidents are usually free to revise or reverse their predecessor’s orders.
However, a president’s orders can face legal challenges in the courts if someone believes that the president acted outside of their authority. Presidents are not supposed to use executive orders to make new laws, especially where the president’s actions run directly contrary to laws passed by Congress.
On a related point, Congress is always free to pass a law that can effectively override an executive order.
Those who have potential immigration needs should pay attention
Especially with an anticipated change, those businesses and individuals with immigration law issues should pay attention for new executive orders related to immigration.
Because presidents can issue immigration-related orders quickly, there can be profound changes to immigration policy seemingly overnight.
Also, because these orders are subject to legal challenges, they often can get stalled out in court battles early on and well before they have time to take effect.
