Kara Sears
Former US President Donald Trump has been known to push constitutional and legal boundaries during his presidency, and his second term is expected to be no different. Trump's use of executive orders, which carry the weight of the law, has been controversial, with some facing legal challenges. His administration's actions, including attempting to dismantle independent agencies, granting private individuals access to sensitive government systems, and unprecedented federal employee buyouts, have triggered intense debate over the limits of presidential power. Trump's agenda raises questions about governing norms and the rule of law, with legal experts arguing that he may be breaking federal laws. With his party in control, Trump has the ability to pass laws that align with his agenda, but his push for deregulation and rollback of civil and human rights progress has caused concern among some Americans.
| Characteristics | Values |
|---|---|
| Trump's second term agenda | Push US constitutional and legal boundaries, mass deportation of undocumented migrants, and a quick end to Russia's war in Ukraine |
| Actions during the first term | Shutting down USAID, granting Elon Musk access to Treasury's payment system, dismantling independent agencies, granting federal employee buyouts, signing executive orders to crack down on illegal immigration and reshaping the federal government |
| Legal challenges | Violating the Anti-Deficiency Act, violating the Administrative Leave Act of 2016, civil rights violations, violating the Every Student Succeeds Act |
| Executive orders | "Protecting Children From Chemical and Surgical Mutilation" to restrict gender-affirming medical care for minors, shutting down diversity, equity, and inclusion (DEI) programs, creating the Department of Government Efficiency (DOGE), suspending the US refugee resettlement program, withdrawing from the Paris climate agreement |
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What You'll Learn
Trump's use of executive orders
Executive orders are a way for the president to direct the federal government to take steps within the scope of the executive branch's constitutional authority, without violating any federal laws. While executive orders cannot be used to sidestep the checks and balances of the Constitution, they can be used to implement policies and direct federal agencies to write reports, undertake investigations, or create new regulations.
Donald Trump has been criticised for his extensive use of executive orders, with 157 signed in 2025 alone. Many of these orders have been deemed controversial, with critics arguing that they cause chaos, damage the democratic process, and harm vulnerable communities.
Trump's executive orders have targeted a range of issues, including immigration, transgender rights, and DEI (diversity, equity, and inclusion) programmes. For example, he signed an order to ban the issuance of green cards to people seeking permanent residency in the United States during the pandemic, which was seen as a way to justify the administration's xenophobic policies. Trump also shut down a Biden-era immigration pipeline, which allowed up to 30,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela to fly to the US, and suspended the US refugee resettlement programme.
In addition, Trump has used executive orders to roll back civil rights protections. For example, he rescinded Johnson's executive order requiring government contractors to comply with civil rights obligations. He has also targeted transgender medical care for minors, signing an order called "Protecting Children From Chemical and Surgical Mutilation," which restricts access to gender-affirming medical care.
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Trump's approach to immigration
One of Trump's most controversial moves was his decision to rescind the Deferred Action for Childhood Arrivals (DACA) program in 2017, which protected young immigrants who came to the US as children from deportation. The Department of Justice argued that the Trump administration acted lawfully, but civil rights organizations strongly opposed this move. Trump also took steps to end the Flores settlement agreement, which ensures constitutional protections for children in immigrant detention facilities, allowing the government to hold immigrant children indefinitely in prison-like conditions.
Trump has also targeted transgender medical care for minors, signing an executive order called "Protecting Children From Chemical and Surgical Mutilation," which restricts access to gender-affirming medical care. He has made controversial statements about recognizing only "two sexes, male and female," which will affect official documents like passports and visas. These actions have been criticized as discriminatory and a violation of human rights.
In terms of specific policies, Trump has proposed a "Gold Card" visa program, which would allow wealthy foreigners who invest $5 million in the US to obtain a visa providing the right to live and work in the country. This has been criticized as "selling residency" and favoring the rich, while the administration detains and deports less privileged immigrants. However, supporters argue that it will attract talent and investment without raising taxes on citizens. There are also questions about the legality of the program, with some arguing that Trump cannot implement it without congressional approval.
Trump has also attempted to reduce immigration by imposing travel restrictions during the COVID-19 pandemic and temporarily banning the issuance of green cards to people seeking permanent residency. These moves have been criticized as manipulating the pandemic to justify xenophobic policies. Additionally, Trump's administration has argued against policies that support transgender athletes and DACA recipients, further contributing to his controversial stance on immigration and civil rights.
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Trump's plans for federal employees
Trump's plan to reduce the federal workforce includes offering buyouts to federal employees. This strategy was first implemented during the Bush administration and has been continued by subsequent administrations. The Trump administration's use of buyouts, however, has been controversial and may exceed the $25,000 limit set by law. There are also concerns about the legality of placing employees on "administrative leave," as there may be no legal distinction between administrative leave and a buyout.
Trump has also implemented large-scale reductions in force (RIFs), which have resulted in the elimination of staff in key parts of agencies and the ending of federal services and programs. These RIFs are intended to reduce the size and scope of the federal government and decrease federal spending. However, critics argue that these RIFs are being used to prevent agencies from administering programs that the Trump administration disagrees with, which may be illegal.
In addition to reducing the number of federal employees, Trump has also sought to increase the efficiency and effectiveness of the federal workforce. He has signed an executive order implementing the President's Department of Government Efficiency (DOGE) workforce optimization initiative. This order will limit hiring to essential positions and set high standards of conduct for federal employees. Agencies will be able to hire only one employee for every four employees that depart from federal service.
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Trump's stance on civil rights
Since taking office in January 2017, Trump's administration has been accused of working aggressively to reverse the progress of civil and human rights in the US.
One of Trump's first acts as president was to sign an executive order banning refugees and discriminating against Muslims. This was followed by a series of other executive orders and actions that have been criticised for their impact on civil rights. For example, Trump has signed orders targeting transgender medical care for under-19s, restricting gender-affirming medical care for minors, and supporting law enforcement in ways viewed suspiciously by civil rights organisations.
Trump's administration has also attempted to dismantle independent agencies, granted private individuals access to sensitive government systems, and offered unprecedented federal employee buyouts. These actions have triggered legal challenges and debates over presidential power.
In addition, Trump's Justice Department has moved to end agreements with banks accused of discriminatory lending practices, potentially undermining efforts to fight race discrimination. The administration has also argued against protections for LGBTQ+ individuals, including attempting to end the Flores settlement agreement, which ensures constitutional protections for children in immigrant detention facilities.
Furthermore, Trump's administration has been accused of attempting to manipulate the pandemic to justify xenophobic policies, such as temporarily banning the issuance of green cards to people seeking permanent residency in the US.
Overall, Trump's stance on civil rights has been characterised by a rollback of protections for marginalised communities and a disregard for the progress made in advancing civil and human rights in the US.
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Trump's second term agenda
In a second term, former President Donald Trump would have sought to continue his agenda of "America First," with a focus on domestic issues and the economy, alongside further development of his foreign policy doctrine. Here is a look at some of the potential priorities and actions Trump may have pursued:
Domestic Agenda:
- Tax Cuts and Economic Growth: Trump could have proposed further tax cuts and reforms to stimulate economic growth. This might have included simplifying the tax code, reducing regulations, and providing incentives for businesses to invest in America. He may also have sought to negotiate new trade deals and take a tough stance on trade partners deemed unfair, continuing his approach from the first term.
- Immigration Reform: Trump is likely to have continued his hard-line stance on immigration. This could have included completing the border wall, increasing border security, and implementing stricter immigration laws. He may also have sought to reform the legal immigration system, favoring a merit-based approach and limiting family-based immigration.
- Healthcare and Welfare: Trump might have worked to replace the Affordable Care Act with a system that promotes competition and reduces costs. This could have involved allowing the sale of insurance across state lines and providing tax incentives for individuals to purchase their own plans. He may also have sought to tackle the opioid crisis and other issues affecting American families, potentially through increased funding for treatment and prevention programs.
- Infrastructure and Development: Investing in infrastructure was a priority for Trump. He may have proposed a significant package to upgrade America's roads, bridges, and airports, creating jobs and stimulating economic growth. This could have been coupled with his promise to bring back manufacturing jobs and continue his policy of energy dominance, ensuring America's energy independence.
Foreign Policy:
- America First Doctrine: Trump's foreign policy doctrine, which prioritized American interests and sovereignty, would likely have continued to shape his approach. He may have further withdrawn from international agreements and organizations that he deemed unfair to the United States, while also seeking to negotiate better terms.
- Strengthening Alliances: Trump could have worked to strengthen relationships with key allies, particularly in Europe and Asia, to counterbalance the rise of China and address global challenges. This might have included continued pressure on NATO allies to increase their defense spending and a focus on shared economic interests.
- Middle East and Conflict Resolution: Trump may have sought to further reduce America's involvement in protracted conflicts in the Middle East. This could have involved continuing the fight against terrorism while also pursuing opportunities for peace and stability in the region, such as through the Abraham Accords, which he facilitated during his first term.
- China and Trade: Trump is likely to have maintained a tough stance on China, addressing issues such as intellectual property theft, unfair trade practices, and human rights abuses. He may have utilized tariffs and other economic tools to pressure China into making concessions and creating a more level playing field for American businesses.
These are some of the potential areas of focus for Trump's second term agenda. It is important to note that the specific policies and actions would depend on various factors, including the composition of Congress and global events during that term.
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Frequently asked questions
Trump has a history of pushing legal boundaries and testing the limits of his presidential power. Some examples include:
- Shutting down USAID, an agency established by an act of Congress, by placing it under State Department control.
- Granting Elon Musk access to Treasury's federal payment system.
- Offering unprecedented federal employee buyouts.
- Dismantling offices of diversity, equity and inclusion (DEI) programmes within the federal government.
- Suspending the US refugee resettlement programme.
- Ordering federal officials to review US trade relationships for unfair practices.
- Withdrawing from the Paris climate agreement.
Executive orders are swift and broad directives that carry the weight of law but can be more easily overturned. Trump has used executive orders to:
- Restrict access to gender-affirming medical care for minors.
- Ban the issuance of green cards to people seeking permanent residency in the United States.
- Postpone the implementation of a law that would ban TikTok in the US.
- Create the Department of Government Efficiency (DOGE), an advisory body on cutting government costs.
Trump's administration has been accused of taking steps to roll back civil and human rights progress. Some examples include:
- Supporting a resolution under the Congressional Review Act to overturn a Department of Education accountability rule.
- Signing three vague executive orders to "fight crime, gangs, and drugs", which were viewed suspiciously by civil rights organizations.
- Rescinding the Deferred Action for Childhood Arrivals (DACA) program.
- Ending the Flores settlement agreement, which ensures constitutional protections for children in immigrant detention facilities.
- Arguing that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination against gay, lesbian, and bisexual people.
