EO 14161: Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats

Executive Orders

TLDR

This executive order proposes strict new immigration measures, including enhanced vetting and ideological screening. It faces major constitutional challenges, especially regarding First Amendment rights and discrimination. The order’s vague standards and difficult implementation requirements make it legally vulnerable and administratively burdensome.

This executive order represents a significant shift in U.S. immigration policy.

Core components:

  • Mandates increased screening of all visa applicants and current residents
  • Requires identification of countries with “deficient” vetting procedures within 60 days
  • Orders review of all admissions since January 20, 2021

The order contains several constitutionally questionable provisions:

  • Creates vague standards for “hostile attitudes” toward U.S. culture and institutions
  • Establishes undefined metrics for “proper assimilation”
  • Implements ideological screening that likely violates First Amendment protections
  • Contains language targeting religious and political beliefs

Constitutional conflicts:

  • Violates Equal Protection by potentially discriminating based on national origin
  • Infringes on First Amendment rights through ideological testing
  • Exceeds executive authority under Immigration and Nationality Act

Enforcement problems:

  • Creates impossible-to-implement standards for “hostile attitudes”
  • Lacks clear metrics for “proper assimilation”
  • Provides no definition of “unified American identity”

This order would:

  • Create significant administrative burdens on immigration system
  • Lead to immediate legal challenges from civil rights organizations
  • Potentially violate international treaties and agreements
  • Risk diplomatic relationships with targeted nations

The order’s vague language and broad scope make it vulnerable to legal challenges and difficult to implement in practice.

ACTIONS

  • 2025-03-18: Trump Ends Secret Service Protection for Hunter and Ashley Biden — President Donald Trump stated he was revoking Secret Service protection for Hunter and Ashley Biden, children of Joe Biden, effective immediately. Trump stated, “Hunter Biden has had Secret Service protection for an extended period of time, all paid for by the United States taxpayer.” Trump mentioned that Ashley Biden has 13 agents assigned to her detail and that she too “will be taken off the list.” Protection for immediate family members over 16 typically ends when a president leaves office, although both Trump and Biden previously extended protection for their children for six months.
  • 2025-03-03: White House seeks plan for possible Russia sanctions relief, sources say | Reuters — The White House is exploring options for easing sanctions on Russia as part of efforts to improve diplomatic relations and potentially end the war in Ukraine. This initiative involves drafting proposals by the State and Treasury departments, though it remains unclear what concessions the U.S. might seek in return for any sanctions relief.
  • 2025-03-02: Pentagon guts national security program that harnessed social science | Science | AAAS — The U.S. Department of Defense is terminating numerous grants under the Minerva Research Initiative, a program established in 2008 to fund social science research related to national security. The initiative, which has supported studies on topics like violent extremism, disinformation, and climate change threats, is being significantly reduced, with at least 9 projects from the latest funding round and over a dozen from previous rounds receiving termination notices.
  • 2025-02-28: Trump takes seized boxes back to Florida on Air Force One | CNN Politics — President Donald Trump transported boxes of documents back to Florida that were previously seized by the FBI from Mar-a-Lago during a 2022 search, with Trump claiming “justice finally won out” and the White House describing them as personal items. The classified documents case against Trump was dropped after his 2024 election victory, though concerns remain about storage protocols at Mar-a-Lago where he allegedly kept classified materials in public areas including a ballroom and bathroom.
  • 2025-02-27: Andrew Tate and brother leave Romania for US after travel ban lifted | Andrew Tate | The Guardian — Andrew Tate and his brother Tristan have left Romania on a private jet bound for the US after their travel ban was lifted, though they remain under judicial supervision and must appear for court hearings. The self-styled “misogynist influencer” and his brother face trial on charges of rape, sex with a minor, people trafficking and money laundering, with allegations they used the “loverboy” method to force women into making pornography.
  • 2025-02-25: Purging cyber review board was ‘a great idea,’ DHS deputy secretary nominee says | CyberScoop — Troy Edgar, nominee for DHS deputy secretary, defended the Trump administration’s decision to dismiss all members of the Cyber Safety Review Board during its investigation of the Salt Typhoon hack, calling it “a great idea” because the board was “going in the wrong direction.” The CSRB, which had been reviewing the breach of U.S. and global telecommunications systems by a Chinese-linked group, was disbanded while CISA took over the investigation, though the FBI continues its own inquiry into Salt Typhoon’s “indiscriminate” collection of Americans’ data.
  • 2025-02-25: US will sell ‘gold card’ to wealthy foreigners, Trump says, replacing EB-5 visa program | CNN Politics — President Donald Trump announced plans to sell a “gold card” to wealthy foreigners for $5 million, providing green card privileges and a path to citizenship. The program, set to begin in about two weeks, will replace the existing EB-5 immigrant investor visa program and require vetting to ensure applicants are “wonderful world-class global citizens.”

REFERENCES

  • 2025-03-26: Hegseth, Waltz, Gabbard: Private Data and Passwords of Senior U.S. Security Officials Found Online | DER SPIEGEL — Private contact information and passwords for top U.S. security officials—Pete Hegseth, Mike Waltz, and Tulsi Gabbard—were found online through commercial databases and leaked data, raising serious security concerns. Reporters discovered that many of the phone numbers were still active and linked to Signal, WhatsApp, and other personal accounts, potentially exposing sensitive communications, including a chat about a military strike on Yemen. Experts warn that this data could enable phishing, spyware attacks, and even political blackmail, yet the officials and U.S. agencies have not responded to inquiries.
  • 2025-03-26: Mike Waltz Left His Venmo Friends List Public | WIRED — A WIRED investigation found that U.S. national security adviser Michael Waltz and other top officials, including White House chief of staff Susie Wiles, had left their Venmo friend lists public, exposing sensitive personal and professional connections. This oversight revealed links to journalists, defense contractors, and members of a controversial Signal chat where confidential discussions about a Yemen strike took place. While the White House declined to comment, the exposed accounts were made private only after WIRED’s inquiry, highlighting a broader pattern of digital carelessness among senior officials.
  • 2025-03-26: DOD has deployed Signal on government devices overriding their own policy — A senior Pentagon source revealed that the Trump administration ordered the unauthorized installation of the Signal messaging app on government devices, overriding Department of Defense cybersecurity policies. This move—prompted by top officials’ preference for Signal’s encrypted and disappearing messages—violates the Presidential Records Act and possibly the Espionage Act, as it potentially exposes national defense information to foreign surveillance. The widespread use of Signal, including by officials on personal devices, raises serious legal and national security concerns, with calls mounting for investigations and accountability.
  • 2025-03-25: Trump administration sells 1,000 ‘Gold Card’ visas in one day — Commerce Secretary Howard Lutnick stated that Trump’s ‘Gold Card’ initiative brought in $5 billion in a single day, as discussed on the podcast ‘All-In’. The program aims to attract wealthy individuals to obtain U.S. Residency, replacing the EB-5 program, which required foreign investments that create U.S. Jobs. Trump mentioned that if recipients are deemed unsatisfactory, their investments can be refunded, allowing for fast deportation. Lutnick believes this approach could attract up to 37 million affluent individuals, potentially contributing significantly to the U.S. Economy and addressing national debt concerns.
  • 2025-03-24: MAGA Panics After Peace Envoy Steve Witkoff Says He Was Duped — Following Trump’s negotiator, Steve Witkoff, admitting he may have been “duped” by Hamas in peace talks, MAGA supporters entered damage control. Vice President JD Vance defended Witkoff, while others criticized his foreign policy views, particularly regarding Putin and the war in Ukraine.
  • 2025-03-24: The Trump Administration Accidentally Texted Me Its War Plans | The Atlantic — The Atlantic article describes how senior Trump administration officials accidentally included journalist Jeffrey Goldberg in a Signal group chat discussing military plans against Houthi targets in Yemen. The officials shared sensitive operational details before launching strikes, unaware Goldberg was present.
  • 2025-03-15: Trump v the spies of Five Eyes — The article discusses concerns about the Trump administration potentially damaging the Five Eyes intelligence alliance, highlighting tensions such as Tulsi Gabbard’s controversial statements as Director of National Intelligence and threats to eject Canada from the pact. Despite these issues, intelligence sharing continues normally for now, though experts worry about disruption due to Trump’s politicization of intelligence agencies and bureaucratic turmoil.
  • 2025-03-13: ‘People Are Scared’: Inside CISA as It Reels From Trump’s Purge | WIRED — CISA, the US government’s cyber defense agency, is facing severe challenges due to mass layoffs, weak leadership, and new restrictions from the Trump administration. The agency has lost between 300 and 400 staffers, including key employees, straining its workforce and undermining its ability to protect America from cyber threats. International partnerships have been strained, vital programs have been gutted, and employees are demoralized and afraid to discuss certain topics, all of which could have significant consequences for national security and economic prospects.
  • 2025-03-11: Pentagon Cuts Threaten Programs That Secure Loose Nukes and Weapons of Mass Destruction | WIRED — The Pentagon is considering significant cuts to programs that secure loose nuclear, chemical, and biological weapons, with potential reductions of up to 75% of workers who prevent the spread of weapons of mass destruction. According to documents obtained by WIRED, these cuts could severely impact global security efforts, including pandemic surveillance, counter-extremism programs, and initiatives to prevent the development and proliferation of WMDs.

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, it is hereby ordered:

Section 1.

Policy and Purpose.

(a) It is the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.

(b) To protect Americans, the United States must be vigilant during the visa-issuance process to ensure that those aliens approved for admission into the United States do not intend to harm Americans or our national interests. More importantly, the United States must identify them before their admission or entry into the United States. And the United States must ensure that admitted aliens and aliens otherwise already present in the United States do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security.

Sec. 2.

Enhanced Vetting and Screening Across Agencies.

(a) The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly:

(i) identify all resources that may be used to ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible;

(ii) determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA for one of its nationals, and to ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat;

(iii) re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind; and

(iv) vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks.

(b) Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, through the Assistant to the President for Homeland Security, a report:

(i) identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)); and

(ii) identifying how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021, and any other information the Secretaries and Attorney General deem relevant to the actions or activities of such nationals since their admission or entry to the United States.

© Whenever information is identified that would support the exclusion or removal of any alien described in subsection 2(b), the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States.

Sec. 3.

Additional Measures to Protect the Nation.

As soon as possible, but no later than 30 days from the date of this order, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall also:

(a) Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign Service Manual, or guidance of any kind pertaining to each of the grounds of inadmissibility listed in sections 212(a)(2)-(3) of the INA (8 U.S.C. 1182(a)(2)-(3)), to ensure the continued safety and security of the American people and our constitutional republic;

(b) Ensure that sufficient safeguards are in place to prevent any refugee or stateless individual from being admitted to the United States without undergoing stringent identification verification beyond that required of any other alien seeking admission or entry to the United States;

© Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States;

(d) Recommend any actions necessary to protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental constitutional rights of the American people, including, but not limited to, our Citizens’ rights to freedom of speech and the free exercise of religion protected by the First Amendment, who preach or call for sectarian violence, the overthrow or replacement of the culture on which our constitutional Republic stands, or who provide aid, advocacy, or support for foreign terrorists;

(e) Ensure the devotion of adequate resources to identify and take appropriate action for offenses described in 8 U.S.C. 1451;

(f) Evaluate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken that promote a unified American identity and attachment to the Constitution, laws, and founding principles of the United States; and

(g) Recommend any additional actions to protect the American people and our constitutional republic from foreign threats.

Sec. 4.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, 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.

THE WHITE HOUSE,

January 20 2025.