In his first day in office, President Trump signed a myriad of executive orders which issued new orders and also overturned existing orders. The goal of this piece is to offer a primer on this presidential document and outline several executive orders that would be of relevance to community colleges and the higher education sector.   

What is an executive order:

As the nation's top executive, the president has the power to issue executive orders which are presidential documents that govern how the executive branch internally operates and is administered. Recently, however, executive orders have been leveraged to carry out policies and programs.

These are different from other presidential documents such as proclamations, memos, letters, notices, and messages which can also dictate how the president's administration ought to operate.

What an executive order is not:

Executive orders are not legislation and do not need approval from Congress. Yet, given that the president has constitutional power to dictate how to the executive branch should be managed, executive orders still have the force of law.

Can executive orders be overturned:

Executive orders have the force of law, and they must be consistent with existing laws and the contents of the United States Constitution. As such, executive orders are subject to judicial review to determine whether the executive order is overstepping into Congress' power of legislating and if it is constitutional. Therefore, the federal courts can strike down executive orders that the president lacks the authority to make and are unconstitutional.

However, Congress cannot overturn an executive order.  Congress can make an executive order ineffective by passing legislation related to the funding for the action or by making the executive order difficult to execute.

Finally, only a sitting president of the United States can issue a new or overturn an existing executive order. Thus, executive orders are powerful tools for the current U.S. president, but their permanency is also vulnerable when the administration changes.

President Trump's Executive Orders:

The following is an abbreviated list of President Trump's recent executive orders that may or may not be of relevance to institutions of higher education. It is important to keep in mind that while President Trump's executive orders are in effect, departments and agencies still must issue public guidance detailing the implementation of such orders. Guidance from the departments and agencies would provide a clear view on the impact these executive orders would have on institutions and students.

Executive Order

Initial Rescissions of Harmful Executive Orders and Actions

Description

This single executive order overturned over 60 Biden era executive orders that promoted diversity, equity, and inclusion (DEI) efforts; advanced climate policies; and contradicted Trump’s vision for the American border. This order includes revoking former President Biden's executive orders that formed the multiple White House initiatives on advancing educational equity, excellence, and economic opportunity for Hispanics; Native Americans, Tribal Colleges and Universities; and Black Americans. Additionally, this executive order revoked the initiatives focused on Tribal Colleges and Universities and Hispanic Serving Institutions. Notably, the initiative focused on Historically Black Colleges and Universities (HBCUs) remain intact. 

This executive order also overturned the Biden’s executive order 14021 of March 8, 2021, Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. 

Executive Order

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Description

This executive order states that diversity, equity, and inclusion (DEI) or diversity, equity, inclusion, and accessibility (DEIA) efforts have undermined U.S. civil-rights laws and have allowed sectors, including institutions of higher education to use "dangerous, demeaning, and immoral race- and sex-based preferences." Furthermore, the language of this executive order states that DEI and DEIA policies diminish individual merit and hard work. 

This order mandates that federal departments and agencies "terminate discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements." Departments and agencies are also "to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities."

In addition, the terms of every federal contract or grant must include language that requires the recipient to agree that it is in compliance with all aspects of Federal anti-discrimination laws and to certify it does not run DEI programming.  

Executive Order

Protecting the Meaning and Value of American Citizenship

Description

This executive order claims that the Fourteenth Amendment does not extend citizenship to all who were born on American soil as the Trump administration states that those who were born in the United States from one or more undocumented parent were not intended to be included in the Amendment language.

As a result, these individuals are not to receive United States federal documents recognizing American citizenship and the United States federal government is not to accept documents issued by State, local, or other governments that recognize United States citizenship to these individuals.

This executive order applies to persons born in the United States 30 days after this executive order was issued, January 20, 2025. Currently the federal courts have halted this order.

Institutions wanting to learn more about immigration status and higher education should include in their consultation the issue brief Immigration Related Campus Concerns from the American Council on Education.

Executive Order

President's Council of Advisors on Science and Technology

Description

This executive order establishes the President’s Council of Advisors on Science and Technology (PCAST) which consists of 24 members including the Assistant to the President for Science and Technology (APST) and the Special Advisor for AI & Crypto. The other 22 members are to be appointed by President Trump who represent sectors outside of the Federal Government.

PCAST is to provide the President with scientific and technical information needed to "inform public policy relating to the American economy, the American worker, national and homeland security, and other topics." In addition, one of PCAST's functions is to gather information "from a broad range of stakeholders, including the research community; the private sector; universities; national laboratories; State, local, and Tribal governments; foundations; and nonprofit organizations."

Related Actions from the Trump Administration:

While not an executive order, President Trump's Acting Department of Homeland Security Secretary, Benjamine Huffman, has eliminated the acknowledgment of "sensitive locations" when conducting Immigration and Customs Enforcement (ICE) arrests of undocumented and non-citizen residents. This means that ICE agents can conduct raids and make arrests at institutions of primary, secondary, and postsecondary education, places of worship, and hospitals.   

Génesis Santiago is the Senior Government Relations Associate at ACCT

Photo Credit: AP Photo/ Matt Rourke