REVIEW OF TRUMP EXECUTIVE ORDERS AS OF 1/27/25

Bob Kim

Executive Director, Education Law Center

HISTORICAL CONTEXT

• Public education and censorship are not new to us
• Anti-LGBTQ+ sentiment in public schools is not new to us
• Anti-immigrant sentiment is not new to us (post 9/11, Trump Muslim ban…)
• Consider social and cultural movements preceding/during pandemic
• Anti- “critical race theory” activities during first Trump Administration

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WHAT IS AN EXECUTIVE ORDER?

• President’s policy statement or directive – most often used to direct federal agencies to perform an action
• Cannot override/disregard a federal law (Congressional statute or Constitutional obligation)
• States have their own laws that may conflict with federal E.O.’s
• For purposes of today’s discussion: we include agency directives and presidential actions that are not labeled as an E.O. but have similar impact

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EXECUTIVE ORDERS BY CATEGORY

• Related to DEIA (Diversity, Equity, Inclusion, and Accessibility)
• Related to Sex/Gender Identity (LGBTQ+ Persons)
• Related to Race or Ethnicity
• Related to Immigration
• Other: Environmental, Foreign Relations, Etc.

ELIMINATING DEIA AND RACE-RELATED ACTIVITIES

•  “Ending Radical and Wasteful Government DEI Programs and Preferencing”
• Seeks to eliminate offices, positions, and programs that advance DEIA-related work and to discontinue “equity-related” grants or contracts
• US Department of Education has followed up with actions to eliminate DEI activities within the agency: https://www.ed.gov/about/news/press-release/us-department-of-education-takes-action-eliminate-dei.
• “Ending Illegal Discrimination and Restoring Merit Based Competition” 
• Seeks to: terminate affirmative action and diversity preferences used by the federal government, target non-governmental identities for possible investigation, and issue guidance to schools on how to comply with the recent SCOTUS ruling barring affirmative action in colleges and universities

LIMITING PROTECTIONS FOR LGBTQ+ STUDENTS

• “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” 
• Defines “sex” as “male” or “female”
• Seeks to eliminate “gender” as a category in federal policies/programs
• Seeks to limit LGBTQ+ protections under Title IX (blocking Bostock expansion)
• “Initial Rescissions of Harmful Executive Orders and Actions”
• Rescinds EO 14021, which established protocol to eliminate sexual orientation and gender-identity-based discrimination in schools

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INCREASING IMMIGRATION ENFORCEMENT

• “Protecting The Meaning And Value Of American Citizenship”
• Seeks to reverse constitutional guarantee of birthright citizenship to those born in the U.S. after Feb. 9, 2025 to non-citizen parents (as specified)
• Repeal of “Sensitive Locations” Policy
• Rescinds Biden directive restricting immigration-enforcement actions from occurring in sensitive locations such as public schools, bus stops, etc.
• “ Protecting the American People Against Invasion”
• Directs DHS to enforce immigration laws to remove, fine, and deny public benefits to unlawfully present aliens.
• “Guaranteeing the States Protection Against Invasion”
• Imposes restrictions on entry into the U.S. through the Southern border.

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KEY SUPREME COURT RULINGS

• Plyler v. Doe (1982), establishing that schools may not deny children who are undocumented immigrants a free public education
• Bostock v. Clayton County (2020), establishing that sex discrimination in the employment context encompasses discrimination on the bases of sexual orientation and gender identity
• Students for Fair Admissions v. Harvard (2023), establishing that college admissions policies that include consideration of students’ race violates Title VI as well as the Fourteenth Amendment of the U.S. Constitution
• United States v. Wong Kim Ark (1898), establishing, under the Fourteenth Amendment, that persons born or naturalized in the United States are U.S. citizens
• AND other key rulings related to First Amendment (free speech), Fourth Amendment (student and family privacy), and the Fourteenth Amendment (related to equal protection and nondiscrimination)

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QUESTIONS?