Guaranteeing The States Protection Against Invasion
January 20, 2025
Action Summary
- National Sovereignty and Invasion Determination: Asserts the President’s duty to protect territorial boundaries as an inherent executive power and declares that the current influx at the southern border constitutes an ongoing invasion.
- Failure of Federal Screening Measures: Highlights limitations in the Immigration and Nationality Act (INA) procedures, noting that inadequate background and health screenings have resulted in millions of illegal entries, posing significant public health, safety, and national security risks.
- Invocation of Emergency Powers: Utilizes statutory authorities under sections 212(f) and 215(a) of the INA, permitting the suspension of entry for aliens involved in the invasion and the imposition of strict entry restrictions.
- Suspension and Restrictions on Entry: Proclaims that aliens engaged in the invasion, or those lacking requisite medical and criminal history information, will have their entry suspended and access to INA provisions (such as section 208) restricted until the threat is abated.
- Directive for Operational Actions: Directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to repel, repatriate, or remove aliens involved in the invasion, ensuring operational control of the border.
- Constitutional and Statutory Authority: Emphasizes the President’s inherent powers under Article II of the Constitution and the federal promise to protect states against invasion (Article IV, Section 4), reinforcing the legal basis for these actions.
- General Provisions and Implementation: Clarifies that the proclamation does not impair other executive authorities, will be implemented in line with applicable law and available appropriations, and does not grant enforceable rights against the U.S. government.
Risks & Considerations
- The Executive Order’s focus on border security and the suspension of entry for certain classes of aliens could lead to heightened scrutiny and potential changes in immigration policies. This may affect international students and faculty at Vanderbilt University, potentially impacting enrollment and hiring processes.
- There is a risk of increased tension and uncertainty for international students and staff, which could affect the university’s ability to attract and retain global talent. This may necessitate additional support services and resources to address concerns and ensure compliance with new regulations.
- The emphasis on national security and public health could lead to stricter health screenings and documentation requirements for international students and visitors, potentially complicating the admissions process and increasing administrative burdens.
- Vanderbilt University may need to consider the implications of these changes on its partnerships and collaborations with international institutions, as well as its study abroad programs, which could be affected by new travel restrictions and entry requirements.
Impacted Programs
- International Student and Scholar Services (ISSS) at Vanderbilt may need to enhance its support and advisory services to help international students and faculty navigate the changing immigration landscape.
- Vanderbilt’s Office of Global Safety might need to update its travel advisories and risk assessments for students and faculty traveling abroad, ensuring compliance with new entry and exit regulations.
- The Office of the University Registrar could face increased demands for documentation and verification processes related to international students’ health and security clearances.
- Vanderbilt’s Office of Research may need to assess the impact of these changes on international research collaborations and funding opportunities, particularly those involving cross-border partnerships.
Financial Impact
- The potential decrease in international student enrollment due to stricter immigration policies could impact tuition revenue and financial aid distribution, necessitating adjustments in financial planning and budgeting.
- Vanderbilt University might experience changes in its funding opportunities, particularly if federal grants prioritize national security and public health initiatives. This could require strategic adjustments in grant application processes and research focus areas.
- There may be increased costs associated with compliance and administrative processes related to the new immigration and health screening requirements, impacting the university’s operational budget.
- As international collaborations and partnerships face potential disruptions, there could be a shift in the university’s research and development priorities, affecting long-term financial planning and resource allocation.
Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)
Key Actions
- Vanderbilt’s Office of Federal Relations should monitor developments related to immigration policies and border security measures. Understanding these changes will be crucial for advising international students and faculty on potential impacts to their status and travel plans.
- The Department of Political Science could conduct research on the implications of the executive order on immigration policy and its effects on state and federal relations. This research can provide valuable insights into the broader political and social impacts of such policies.
- Vanderbilt’s Public Health Program should assess the potential public health implications of the executive order, particularly in relation to communicable diseases and the screening processes at the border. This could inform public health strategies and collaborations with government agencies.
Opportunities
- The executive order presents an opportunity for Vanderbilt’s Law School to engage in legal analysis and advocacy regarding immigration law and policy. By providing expert commentary and analysis, the Law School can contribute to the national conversation on immigration reform.
- Vanderbilt can leverage its expertise in international relations to host forums and discussions on the impact of border security measures on global mobility and international cooperation. This could enhance the university’s reputation as a leader in international policy analysis.
Relevance Score: 3 (The order requires some adjustments to processes or procedures, particularly in relation to international students and public health considerations.)
Timeline for Implementation
- Effective Date: On or after January 20, 2025.
- Duration: Remains in effect until the President issues a finding that the invasion at the southern border has ceased.
Relevance Score: 5
Impacted Government Organizations
- Department of Homeland Security: Tasked with coordinating border enforcement measures, repatriation, and removal of aliens deemed part of the invasion, as directed in Sections 1, 4, and 5 of the proclamation.
- Department of State: Required to work in coordination with DHS and the Attorney General to support actions affecting foreign affairs and the enforcement of entry suspensions.
- Department of Justice – Attorney General: Charged with ensuring legal enforcement and taking appropriate steps to restrict entry of aliens posing health, safety, or national security risks as outlined in the proclamation.
- Office of Management and Budget: Although not directly involved in border operations, its existing authority is highlighted to ensure that the proclamation does not affect its budgetary, administrative, or legislative functions.
Relevance Score: 2 (A small number of Federal Agencies are impacted by the proclamation.)
Responsible Officials
- Secretary of Homeland Security – Tasked with suspending the physical entry of aliens involved in the invasion and coordinating operational actions to repel, repatriate, or remove such aliens.
- Secretary of State – Required to coordinate with the Secretary of Homeland Security and the Attorney General to implement border control measures and repatriation efforts.
- Attorney General – Involved in the enforcement and coordination of restrictions on entry and other measures as part of the directive.
Relevance Score: 5 (Directives affect Cabinet-level officials, which include the heads of key national security agencies.)