Gavin Howe
Former US President Donald Trump has been accused of breaking federal laws during his time in office. Legal experts have questioned the legality of some of his actions, including his attempt to shut down USAID and his decision to grant Elon Musk access to Treasury's payment system. Trump has also been criticised for his administration's rollbacks on civil and human rights, including changes to immigration policy and the proposed rule change to the National Environmental Policy Act (NEPA). In his second term, Trump focused on immigration, including the aggressive removal of noncitizens and limiting access to humanitarian relief. Trump also launched a 10-to-1 deregulation initiative, requiring agencies to repeal existing regulations and reduce federal regulations.
| Characteristics | Values |
|---|---|
| Trump Administration's focus | Regulatory changes, civil and human rights rollbacks, immigration law changes |
| Trump's role | Signed executive orders, presidential memorandums, and other actions |
| Agencies' role | Rescind, delay, or review regulations |
| Areas of focus | Reducing regulations, improving government efficiency, immigration, human rights, religious freedom, environmental policy, law and order, education, etc. |
| Legal concerns | Violating the Anti-Deficiency Act, Administrative Leave Act, Major Questions Doctrine, Seventh Amendment, Administrative Procedure Act, Takings Clause, Equal Protection Clause, etc. |
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What You'll Learn
Trump's changes to immigration law
In his second term as President of the United States, Donald Trump has been quick to act on his campaign promise to focus on immigration. Trump has signed a series of executive orders, policy memoranda, and other actions to reshape immigration policy and practice.
One of the most notable changes is the aggressive pursuit of the removal of non-citizens, with Trump promising "mass deportations". Trump has also pressured states and localities to cooperate in immigration enforcement, limited access to humanitarian forms of relief, and closed the southern border. Deportations can now occur anywhere in the US and will apply to undocumented migrants who cannot prove they have been in the country for more than two years. Trump has also fired several top immigration court officials, which may impact the processing of cases.
Another significant change is the scrapping of the CBP One smartphone app, which migrants used to schedule appointments with US border patrol agents. This has left thousands of migrants stranded, with anguish expressed by those who had travelled long journeys and waited months to secure appointments.
The Trump administration has also moved to undo protections put in place by the previous administration, which prohibited agents from making arrests in schools, hospitals, parades, and places of worship. Religious groups have filed lawsuits challenging this policy change, and a federal judge in Maryland has temporarily prohibited raids in religious buildings.
The administration has also increased the military presence along the southern border, with the Pentagon announcing the deployment of 1,500 active-duty troops to the region, in addition to the 2,500 already there. This has put the military in politically charged territory, and the plan could potentially violate laws that limit the use of regular federal troops for domestic law enforcement.
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Trump's deregulation initiatives
Deregulation was a central priority of Trump's administration. In his farewell address, Trump claimed, "We slashed more job-killing regulations than any administration had ever done before." During his first term, Trump asked agencies to eliminate two regulations for each new regulation issued. In total, the Trump administration eliminated five and a half regulations for every new regulation issued.
Trump's second administration built on this with a 10-to-1 deregulation initiative. This required that for every new rule, regulation, or guidance, agencies must identify at least 10 existing rules, regulations, or guidance documents to be repealed. The initiative aimed to unleash prosperity by reducing unnecessary, burdensome, and costly federal regulations.
Trump also directed agencies to repeal regulations that were deemed unlawful under recent Supreme Court decisions. For example, in Roman Catholic Diocese of Brooklyn v. Cuomo, the Supreme Court struck down New York's Covid-era occupancy restrictions on churches and synagogues, arguing that they were harsher than those applied to "essential" businesses. As a result, agencies were directed to review their regulations to ensure equal treatment of religious institutions concerning funding and access to public benefits.
Another example is SEC v. Jarkesy, where the Supreme Court held that it violates the Seventh Amendment for agencies to adjudicate common-law claims in their in-house courts. This led to agencies repealing any regulations authorizing enforcement proceedings that enabled their courts to impose judgments or penalties that could only be obtained via jury trial in Article III Courts.
Trump's deregulation efforts have been met with mixed reactions. While some claim that it has saved families thousands of dollars by halting costly regulations, others argue that it has weakened or erased important policy initiatives, such as the Clean Power Plan, which aimed to combat climate change.
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Trump's changes to civil and human rights laws
The Trump Administration has been accused of attempting to turn back the clock on civil and human rights progress in the United States. One of Trump's first acts as president was to sign an executive order that discriminated against Muslims and banned refugees, which was seen as a violation of the right to non-discrimination based on race, religion, or country of origin.
Trump has also taken steps to roll back consumer protection laws, such as rescinding the 2014 Joint Sales Agreement (JSA) guidance, which had led to increased television diversity. The Trump administration has also been criticized for its handling of human rights, including revoking the 2014 Fair Pay and Safe Workplaces order, which had protected labor and human rights for federal contractors, and for issuing a statement banning undocumented migrants from applying for asylum, which goes against federal law.
In addition, the Trump administration has proposed changes to immigration policies that could make it easier to deport immigrants who apply for certain humanitarian relief visas, and has granted exemptions to employers from the Affordable Care Act, allowing them to deny employees contraceptive coverage under moral and religious exemptions.
On a more positive note, Trump has also taken some steps to protect civil rights, such as signing an executive order that terminates "diversity, equity, and inclusion" (DEI) discrimination in the federal workforce and federal contracting and spending. This order requires federal contractors and subcontractors to comply with civil rights laws and directs federal agencies to combat private sector discrimination.
Overall, while Trump has made some efforts to protect civil rights, his administration has been widely criticized for its negative impact on civil and human rights progress in the United States.
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Trump's changes to environmental laws
President Trump has made several attempts to change environmental laws. One notable example is his administration's plan to eliminate habitat protections for endangered and threatened species under the Endangered Species Act. This proposal has triggered alarm among environmentalists, who argue that it could lead to the extinction of critically endangered species due to logging, mining, and development activities.
Additionally, President Trump has targeted state efforts to reduce greenhouse gases and combat global warming. He signed an expansive executive order directing the Justice Department to block state "climate change" or energy policies that might threaten "American energy dominance and our economic and national security." This move is seen as a legal clash with several states, including Michigan, Colorado, and Minnesota, which have laws promoting carbon-free sources of electricity.
Furthermore, President Trump has directed agencies to repeal regulations that are deemed unlawful under recent Supreme Court decisions. For example, in Ohio v. EPA (2024), the Supreme Court struck down an EPA plan under the Clean Air Act, and agencies were instructed to repeal any regulation that does not sufficiently account for costs or has changed foundational assumptions.
The Environmental Integrity Project and other environmental watchdogs have expressed concern over these changes and have vowed to scrutinize and take legal action against the EPA to ensure the nation's environmental laws are strongly enforced and that meaningful progress is made on issues like environmental justice and climate change.
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Trump's potential violation of the Anti-Deficiency Act
The Trump Administration has been accused of violating the Anti-Deficiency Act, a law prohibiting the government from spending more money than Congress has appropriated. During the shutdown, the State Department held a conference for US chiefs of mission and ambassadors, requiring many employees to work without pay. The Treasury Department and Internal Revenue Service (IRS) also recalled employees to conduct income verification checks and process tax refunds, despite these activities being non-excepted under the IRS's shutdown plans.
Mark R. Warner, a member of the Senate Finance, Banking, Budget, and Rules Committees, raised concerns about the administration's compliance with the Act. He questioned how the State Department's decision to recall all furloughed employees complied with the Anti-Deficiency Act and why it was necessary to avoid imminent threats to human life or property protection.
Legal and government experts have also warned that the administration's buyout offer to federal workers may violate the Anti-Deficiency Act. The program's structure could lead to obligations beyond the provisions in the federal budget, with promises of payments eight months in advance. This raises the risk of violating the Act, which prohibits agencies from entering into contracts for future obligations without the necessary appropriations.
The Trump Administration has insisted that the offer will not result in guaranteed payments beyond the current appropriations period. However, the potential for a legal battle looms as Trump ordered a funding freeze during a review of federal loans and grants.
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Frequently asked questions
Yes, Trump can change laws. In his second administration, Trump has issued a series of executive orders, policy memoranda, and other actions to reshape immigration policy. He has also signed a Presidential Memorandum requiring agencies to rescind regulations deemed unlawful under recent Supreme Court decisions.
Some examples of laws Trump has changed include:
- The National Environmental Policy Act (NEPA): The Trump administration changed the way the federal government implements this law by limiting the number of projects that require in-depth environmental review and no longer requiring federal agencies to consider a project's impact on global warming.
- The Individuals with Disabilities Education Act (IDEA): The Trump administration made the centralized resource website for this Act inaccessible to the public for over a week.
- Immigration enforcement guidance: The Department of Homeland Security issued a memo that drastically increased the use of expedited removal and eliminated priorities for deportation.
Trump has been accused of breaking several federal laws, including:
- Trying to shut down USAID
- Granting Elon Musk access to Treasury's payment system
- Violating the Anti-Deficiency Act by potentially incurring obligations beyond provisions in the federal budget
- Violating the Administrative Leave Act of 2016 by placing federal employees on leave while continuing to pay them
