By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose and Policy
It is fundamental to recognize that federal supremacy governs immigration, national security, and foreign policy. The Constitution empowers the Federal Government to regulate immigration in order to safeguard the sovereignty of our Nation, ensuring that foreign nations engage with one cohesive national entity on these critical issues. This authority is particularly emphasized in Article II, which entrusts the President with the responsibility to protect national security and manage foreign relations, alongside Article IV, Section 4, which mandates the Federal Government to “protect each of [the States] against Invasion.” Thus, the Federal Government’s authority over immigration is a core component of national sovereignty.
The previous administration’s lax policies have led to a staggering influx of millions of undocumented individuals entering the United States unchecked. This situation has heightened public safety and national security risks, particularly in light of the threats posed by international cartels and other transnational criminal entities controlling territory along the southern border, as well as potential terrorist actors intent on causing harm. Such circumstances classify this situation at the southern border as an invasion, necessitating an urgent federal response to uphold obligations to the States.
Despite these clear threats, some State and local officials persist in leveraging their authority to undermine, obstruct, and resist the enforcement of Federal immigration laws. This behavior constitutes a lawless insurrection against the supremacy of Federal law and the obligation of the Federal Government to protect the territorial integrity of the United States. Beyond the severe national security implications, these nullification efforts often contravene Federal criminal statutes, including those against obstruction of justice (18 U.S.C. 1501 et seq.), illegal harboring or employment of undocumented individuals (8 U.S.C. 1324), and conspiracy against the United States (18 U.S.C. 371). Facilitating violations of Federal immigration law could also engage the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.). Measures that favor illegal aliens over American citizens can infringe upon Federal laws aimed at protecting civil rights.
The restoration of Federal law enforcement is not merely desired; it is imperative.
Sec. 2. Designation of “Sanctuary” Jurisdictions
(a) Within 30 days of this order, the Attorney General, in collaboration with the Secretary of Homeland Security, shall publish a list of States and local jurisdictions that obstruct Federal immigration law enforcement (hereafter referred to as sanctuary jurisdictions). This list will be updated as necessary following the initial publication.
(b) Following each publication under subsection (a), the Attorney General and the Secretary of Homeland Security shall inform each sanctuary jurisdiction of its transgressions against Federal immigration enforcement and any potential violations of Federal criminal law.
Sec. 3. Consequences for Sanctuary Jurisdiction Status
(a) For those designated as sanctuary jurisdictions under section 2(a), the head of each executive department or agency, in consultation with the Director of the Office of Management and Budget and as legally allowed, shall identify Federal funds that may be suspended or terminated, including grants and contracts.
(b) Should jurisdictions maintain their sanctuary status after being notified as outlined in section 2(b) and continue to flout Federal law, the Attorney General and the Secretary of Homeland Security will pursue all necessary legal remedies and enforcement actions to compel compliance with Federal laws.
Sec. 4. Preventing Federal Benefits for Aliens in Sanctuary Jurisdictions
The Secretary of Homeland Security, in coordination with the Attorney General, shall devise guidance, rules, or other appropriate measures to ensure proper eligibility verification for individuals receiving Federal public benefits as defined by 8 U.S.C. 1611(c) from private entities in sanctuary jurisdictions, whether this verification is conducted by the private entity or a governmental body acting on its behalf.
Sec. 5. Equal Treatment of Americans
The Attorney General, in consultation with the Secretary of Homeland Security and relevant agency heads, will identify and take actions necessary to halt the enforcement of State and local regulations, laws, and practices that favor aliens over American citizens, particularly in ways that violate Federal law or are otherwise unenforceable. This includes State laws that offer in-State tuition to undocumented individuals while denying the same to out-of-State American citizens, potentially infringing on 8 U.S.C. 1623, and those that favor aliens in criminal charges or sentencing.
Sec. 6. General Provisions
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to any executive department or agency, or their heads; or
(ii) the functions of the Director of the Office of Management and Budget concerning budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.
(c) This order does not create any right or benefit, whether substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Department of Justice shall allocate funds for the publication of this order in the Federal Register.
DONALD J. TRUMP
THE WHITE HOUSE,
April 28, 2025.
