Trump's Executive Orders

During his campaign, now-President Trump promised a lot of action (much of it to happen on day one). So what did he actually do once he regained the office? A LOT. This is the first week of Trump's executive orders. For some context, check out our episodes on: Wong Kim Ark and Birthright Citizenship Dred Scott The Fourteenth Amendment An earlier version of this episode incorrectly identified several Presidential memoranda and proclamations as executive orders. CLICK HERE: Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more! To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro. Check out our other weekly NHPR podcast, Outside/In - we think you'll love it! Learn more about your ad choices. Visit megaphone.fm/adchoices

Speaker names marked ? are inferred from speaking time and the show’s known hosts — they are not voice-verified.

• 0:01Hannah McCarthy?

  Here we are, Nick.

• 0:03Nick Capodice?

  Here we are.

• 0:04Hannah McCarthy?

  You know what's pretty rare? When someone tells you they're gonna do a whole bunch of major stuff. And then they actually do it.

• 0:13Nick Capodice?

  Yeah, like how you told everyone you were gonna be a big Broadway star, McCarthy?

• 0:17Hannah McCarthy?

  I'm still young-ish, Nick, and I practice every day. But we're not talking about me. We're talking about the leader of the free world.

• 0:24Nick Capodice?

  Ah, yes, the president. And generally, that is a role wherein it's pretty difficult to get a lot done, especially the stuff you promise people in order to get elected.

• 0:35Hannah McCarthy?

  Yeah, especially that. A while ago, I made an episode about what then-President-elect Trump was promising to do on day one of his presidency. It was a long list, a tall order, some of which was impossible to achieve all on one's own as the president. So what did Trump actually do once he got back in that office?

• 1:04Hannah McCarthy?

  Well, uh, he did a whole lot. Are you ready?

• 1:07Nick Capodice?

  I'm ready.

• 1:09Hannah McCarthy?

  So after being sworn in and giving his inaugural address, President Donald Trump sat down in the Oval Office and signed no fewer than 26 executive orders. As of this recording, he has signed several more. So the grand total, as of the morning of Friday, January 24th, is 33.

• 1:27Nick Capodice?

  Wow.

• 1:28Hannah McCarthy?

  Yeah, it's a lot. And we're going to do a full explanation of executive orders next week, including the differences between orders and proclamations or presidential memoranda. And fair warning, because there are so many items to cover in this episode, we will not be doing an analysis of many of them, even those orders that people might be really interested in or concerned about. But Nick, before we begin, can you just give us a quick primer on what an executive order is?

• 2:04Nick Capodice?

  Absolutely, Hannah. Executive orders are, simply put, orders to the executive branch. So the executive branch is the largest group of employees in the world. That's over 4 million people, if you count the military. And the president is in charge of the executive branch, and they sign an order. This order is published in the Federal Register. That, by the way, is a journal of the government's rules and public notices. Also, and I know we're going to touch on this, Hannah, a president must have the authorization to order the executive branch to do something. This authorization has to come from the Constitution itself or a statute, a law passed by Congress.

• 2:45Hannah McCarthy?

  So you're saying that the president can't just order whatever?

• 2:48Nick Capodice?

  Well, they can order whatever. You know, they can say whatever they want in an order, but for that order to be carried out, Hannah, it needs that authorization. And by the way, orders can be stopped or suspended by the courts and rendered ineffective by existing or future laws. And like we said in our episode on the executive branch a long, long time ago, executive orders are really easy for a president to do. They just happen. On the flip side, they're also the weakest way to take an action, as they are extremely easy for a following administration to undo.

• 3:26Hannah McCarthy?

  They are indeed, and I'm glad you brought that up, Nick, because this ties into our very first order for today. Now, I'm going to go through these promises made and kept and not kept, and I'm gonna do it fast, because there is a whole lot to get through. And I want you to keep a couple of things in mind as I do this. While President Trump signs them, while they are his orders, he has many advisers who likely lent a hand in crafting them. Also, pay attention to the actual names of these orders. The Trump administration is sending a message in addition to creating policy. A lot of these orders and the words they employ pay not so subtle service to political ideologies.

• 4:10Hannah McCarthy?

  All right, you ready?

• 4:12Nick Capodice?

  I am ready as I'll ever be, Hannah.

• 4:15Hannah McCarthy?

  Okay. First, Trump vowed to undo former President Biden's border policies on day one. An undo he did, among a whole lot of other undos.

• 4:24Speaker 02

  My recent election is a mandate to completely and totally reverse a horrible betrayal.

• 4:33Speaker 02

  And all of these many betrayals that have taken place and to give the people back their faith, their wealth, their democracy, and indeed their freedom.

• 4:45Hannah McCarthy?

  Trump called this order "initial recissions of harmful executive orders and actions." He revoked Biden orders that addressed asylum, refugees, and immigration enforcement. He also revoked, and Nick, I think you should take a deep breath here.

• 5:01Nick Capodice?

  All right, hold on. Yep.

• 5:03Hannah McCarthy?

  All right. He also revoked Biden's orders on racial, sexual orientation, and disability equity and inclusion, counting non-citizens in the census for the purposes of apportionment, combating COVID-19, and supporting people and things affected by it, preventing discrimination on gender identity and sexual orientation, establishing ethics commitments for members of the executive branch, protecting public health and addressing the climate crisis, protecting the federal workforce, enabling all qualified Americans to serve in the armed forces, eliminating private prisons, strengthening Medicaid and the ACA, the Affordable Care Act, improving access to voting, clean energy and cars, the Infrastructure and Jobs Act,

• 5:48Hannah McCarthy?

  affordable healthcare, criminal justice, public safety, promoting the arts and humanities and museum and library services, protecting land from oil and gas leasing, safe artificial intelligence, safety on the West Bank, taking Cuba off the terrorist nation list, orders of succession for executive branch departments, and helping people who served in AmeriCorps get jobs.

• 6:12Nick Capodice?

  Whew. Real quick, Hannah, I must jump in here and say that rescinding executive orders with executive orders is very common when a new president takes office.

• 6:27Hannah McCarthy?

  Yes, that must be said. And we just got to make a note of that and move on because the president has been really busy in his first week. Are you ready for promise number two?

• 6:38Nick Capodice?

  Yep, born ready, Hannah.

• 6:40Hannah McCarthy?

  Let's go with that. Birthright.

• 6:43Hannah McCarthy?

  Trump promised to end birthright citizenship, the provision laid out in the 14th Amendment that says people born in the United States are citizens of the United States. On day one, Trump issued an executive order doing just that.

• 6:58Nick Capodice?

  Meaning what?

• 6:59Hannah McCarthy?

  He focused on the part of the 14th Amendment that says, quote, "subject to the jurisdiction thereof," meaning "subject to United States jurisdiction." Trump's executive order says that if your mother is not lawfully in the US or is here legally but temporarily, and your father is not a citizen or lawful permanent resident, then you, regardless of being born in United States territory, are not a citizen. Trump called this one "protecting the meaning and value of American citizenship."

• 7:30Nick Capodice?

  Wow.

• 7:33Nick Capodice?

  This could change a lot. I know you said you wanted to do this fast, Hannah, but this...

• 7:39Hannah McCarthy?

  No, no, I know, I know. We are going to follow this. We will not leave you hanging, listener. As of the recording of this episode, a federal judge had temporarily blocked this order and called it, quote, "blatantly unconstitutional." This case might very well end up before the Supreme Court. And either way, we shall return. But for now, we shall move on.

• 8:01Nick Capodice?

  By the way, listen to our Wong Kim Ark episode, please, and Dread Scott, and 14th Amendment, please.

• 8:09Hannah McCarthy?

  Yes, do that. I will put the links in the show notes. While we are on the subject of lawful presence in the US, are you ready for more?

• 8:16Nick Capodice?

  I don't know, Hannah, are you?

• 8:18Hannah McCarthy?

  Trump promised he would close the southern border and declare a state of emergency there.

• 8:23Speaker 02

  First, I will declare a national emergency at our southern border.

• 8:33Hannah McCarthy?

  So, is the border closed? Now, a full closure would mean a shutdown of ports of entry, and that is not what we are talking about here. But Trump did suspend the US Refugee Admissions Program. It will be reassessed every 90 days. In another order called simply, quote, "securing our borders," Trump directs the government to build a wall, provide adequate personnel to deter and prevent the entry of, quote unquote, "illegal aliens," detain undocumented people suspected of breaking laws until they can be deported, and prosecute those who violate immigration law. That bit is also clarified in another order called Protecting the American People Against Invasion.

• 9:16Hannah McCarthy?

  And the goal, according to Trump, is to obtain, quote, "complete operational control," unquote, of the borders.

• 9:24Nick Capodice?

  What does that mean, complete operational control?

• 9:28Hannah McCarthy?

  Yeah, great question. I had the same one, and I found the answer, kind of, in a proclamation, which is different from an executive order. You can learn all about that in our episode on executive orders about declaring a national emergency at the southern border of the United States.

• 9:44Nick Capodice?

  All right, so he did that, too.

• 9:46Hannah McCarthy?

  That, and another order called Clarifying the Military's Role in Protecting the Territorial Integrity of the United States. That one orders military personnel to be sent to the border to, quote, unquote, "seal it."

• 9:59Nick Capodice?

  To seal it.

• 10:00Hannah McCarthy?

  Right. Okay. Trump also signed an order directing the government to designate cartels as terrorist organizations to expedite their removal from the US and to prevent them from exerting control over the US.

• 10:13Nick Capodice?

  Wait, this is like drug cartels?

• 10:15Hannah McCarthy?

  So, this is interesting. A cartel is very basically an organization that limits business competition and creates artificial shortages to increase prices. So, yeah, some cartels are involved in drugs and human trafficking. But cartels are also involved in things like agriculture and tourism. They often have a hand in a lot of industry.

• 10:39Nick Capodice?

  And all these groups weren't already considered terrorists?

• 10:41Hannah McCarthy?

  Now, people have actually wanted to classify cartels as terrorist groups for a long time, but they have repeatedly decided not to.

• 10:51Nick Capodice?

  Because?

• 10:52Hannah McCarthy?

  Because, in part, Mexico is our largest goods trading partner.

• 10:57Nick Capodice?

  Is it really?

• 10:58Hannah McCarthy?

  It really is, and there are a ton of American businesses that have operations in Mexico.

• 11:04Nick Capodice?

  Okay, I'm starting to see where this is going, Hannah.

• 11:08Hannah McCarthy?

  Right. So, American businesses, Nick, they are not allowed to do business with terrorists.

• 11:14Nick Capodice?

  No, they are not.

• 11:15Hannah McCarthy?

  And technically, this comes from a federal law that makes it a federal crime to knowingly provide money, support, or resources to a terrorist organization. All right, so you declare these cartels to be terrorists. Then you're looking at a sticky wicket of very likely having to disentangle the US from terrorist groups and potentially losing some business.

• 11:37Nick Capodice?

  Got it. So we never did it because it seemed like it would mess with trade and the economy and all that.

• 11:43Hannah McCarthy?

  But we've done it now, or Trump has. Okay, are you ready for more?

• 11:47Nick Capodice?

  I think I just need a quick break first, Hannah, like just a moment. I appreciate all this and the way you're tearing through it, but sometimes I just need to rest my head.

• 11:56Hannah McCarthy?

  Okay, fair enough. You can rest your noggin and then we're gonna be right back to it.

• 12:01Nick Capodice?

  Yes, ma'am.

• 12:02Hannah McCarthy?

  Now, speaking of ma'am.

• 12:04Nick Capodice?

  No, no, not yet. Don't do another one.

• 12:09Nick Capodice?

  By the way, everyone, if you want the context for a lot of what we're talking about today, you can find it at our website, civics101podcast.org. Now let us all just rest our noggins for a sec.

• 12:40Nick Capodice?

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• 14:00Nick Capodice?

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• 15:17Nick Capodice?

  We're back. You're listening to Civics 101. And today, we are talking about Trump's executive actions on day one and then some. And Hannah, just before the break, you mentioned the word "ma'am." What about "ma'am"?

• 15:30Hannah McCarthy?

  Yeah, a quick recommendation for everyone to read Jesse Klein's essay on the word "ma'am." But what I'm really getting at is gendered terms and ideas. And let's just hop right into the executive order titled, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government."

• 15:53Speaker 02

  As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female.

• 16:14Hannah McCarthy?

  So, Trump implies that trans women endanger cis women, aka women assigned female at birth who identify as female. Though, there is no documented proof of that. However, there is documented proof that trans people are assaulted at four times the rate of cis people. And scientific evidence that gender and assigned sex are not always in alignment. Plus, it should be noted that trans people have existed throughout history, across cultures. Anyway, Trump says, "Self-assessed gender identity permits the false claim that males can identify as and thus become women, and vice versa, and requiring all institutions of society to regard this false claim as true."

• 16:59Nick Capodice?

  So, Trump calling this a false claim is essentially him saying that being trans is a lie?

• 17:05Hannah McCarthy?

  Essentially. So the order says that the United States will only recognize two sexes, male and female. It defines male and female as sexes established at conception. It orders the Department of Homeland Security to reflect that on government-issued IDs, like passports. It tells the government to eliminate what Trump calls "gender ideology" from, quote, "statements, policies, regulations, forms, communications, and other messages." This order also affects prisons, discrimination, and what Trump calls intimate spaces.

• 17:41Nick Capodice?

  All right, and I'm gonna assume that if it affects discrimination, then we are talking about laws that include gender identity and transgender status.

• 17:50Hannah McCarthy?

  Yeah, lawsuits are pretty sure to come. And though this order does not explicitly end gender-affirming care for kids, as Trump promised he would do before he was elected, it certainly could. I know this is a lot, and again, trust me, we will keep making episodes as things develop. I know this is all really important, but we have so much more. Okay, so I'm gonna move on. Speaking of discrimination, let's talk ending radical and wasteful government DEI programs and preferencing.

• 18:24Nick Capodice?

  DEI meaning diversity, equity, and inclusion.

• 18:27Hannah McCarthy?

  Correct. This order calls DEI initiatives in the federal government, quote, "illegal and immoral discrimination programs," and commands an end to them. There's another order that extends this beyond the government, including to airlines, law enforcement agencies, and higher education institutions that receive federal funds. This is definitely a topic that we will revisit in future episodes. But Nick, for now, I just gotta keep rolling.

• 18:52Nick Capodice?

  Roll on, McCarthy.

• 18:54Hannah McCarthy?

  Now, you remember how Trump promised to restore the travel ban that he put in place last time he was in office?

• 19:00Nick Capodice?

  Yes, this is the order banning people from majority Muslim and Arab nations from entering the United States.

• 19:06Hannah McCarthy?

  Yeah, so the order called, quote, "Protecting the United States from foreign terrorists and other national security and public safety threats," establishes an intensive threat screening process for people who either have or apply for visas, especially if they are from regions or nations with identified security risks, or countries with, quote, unquote, "deficient vetting processes," or if they, quote, unquote, "bear hostile attitudes."

• 19:32Nick Capodice?

  But this isn't explicitly a travel ban.

• 19:35Hannah McCarthy?

  No, it's not put in that way. It does not look exactly the same. But civil rights groups are already saying that this could essentially amount to that, and also potentially result in the deportation of foreign students who participated in things like pro-Palestinian rallies. Okay. Drill, baby, drill.

• 19:55Speaker 02

  We will drill, baby, drill.

• 20:05Hannah McCarthy?

  So I'm going to go ahead and lump a bunch of orders together on this one, all of which are designed to encourage natural resource extraction. And because that practice is known to contribute to environmental pollution, I'm also going to bring in Trump's claim that he would end the Green New Deal on day one.

• 20:23Nick Capodice?

  Which is, by the way, something that never actually passed.

• 20:26Hannah McCarthy?

  Yeah, we don't have Green New Deal policy.

• 20:29Speaker 02

  With my actions today, we will end the Green New Deal, and we will revoke the electric vehicle mandate, saving our auto industry and keeping my sacred pledge.

• 20:41Hannah McCarthy?

  Trump declared a national energy emergency. He said that energy is too expensive and there is not enough of it, despite the fact that the US is currently the largest oil producer on the planet. So the nation's leaders can use this emergency status to prioritize even more resource extraction. A memorandum suspended new leases for wind farms in the outer continental shelf, while an order called "Unleashing American Energy" calls for, quote, "energy exploration and production on federal lands and waters, including on the outer continental shelf."

• 21:13Nick Capodice?

  Maybe we need an episode about the outer continental shelf, Anne.

• 21:16Hannah McCarthy?

  That same order ends Biden-era electric vehicle goals and orders emission standards to be eliminated, quote, "where appropriate." And it mandates the American people's freedom to choose their own, quote, "including but not limited to light bulbs, dishwashers, washing machines, gas stoves, water heaters, toilets, and showerheads."

• 21:36Nick Capodice?

  Now, wait. Now, what does that mean?

• 21:39Hannah McCarthy?

  It means the end of regulatory standards that make household stuff more efficient.

• 21:45Nick Capodice?

  All right.

• 21:46Hannah McCarthy?

  Unleashing, by the way, is the word of the week at the White House because there's another order called "unleashing Alaska's extraordinary resource potential."

• 21:55Nick Capodice?

  That's a wasted opportunity to, quote, "there will be blood," if you ask me, Hannah.

• 21:58Hannah McCarthy?

  This one is all about extracting Alaska's natural resources and making sure leases can be obtained in the state's National Wildlife Refuge. While we're on the subject of Alaska, Trump renamed Mount Denali, reverting it back to Mount McKinley. While we're on the subject of renaming, Trump renamed the Gulf of Mexico to the Gulf of America. The renaming order is called "restoring names that honor American greatness." And while we're on the subject of states, he ordered a water rerouting plan in California.

• 22:28Nick Capodice?

  Is this the one he tried in his first administration?

• 22:31Hannah McCarthy?

  It is exactly that. So Governor Gavin Newsom sued when Trump tried to implement his water plan, saying that it would drive certain fish populations to extinction. Biden issued different water rules when he came in. Trump called this order "putting people over fish."

• 22:47Nick Capodice?

  Wow, you were not kidding with these names.

• 22:49Hannah McCarthy?

  I was not. All right, Nick, can I hit you with some quickies?

• 22:53Nick Capodice?

  Oh, yes, please.

• 22:56Hannah McCarthy?

  Now, Trump promised to, quote, "return to a foreign policy that puts America's interests first."

• 23:01Nick Capodice?

  Did he do that?

• 23:02Hannah McCarthy?

  Yes, he ordered the Secretary of State to put America's interests first.

• 23:06Nick Capodice?

  Ah, that's it?

• 23:07Hannah McCarthy?

  Yeah, actually, it's a really short order. He did also issue a similar one for trade. That particular one is a memorandum.

• 23:15Nick Capodice?

  All right, is this the tariffs?

• 23:17Hannah McCarthy?

  This is the tariffs, among other things. But this order just kicked off the "let's explore tariffs" era of government.

• 23:24Nick Capodice?

  All right, so he didn't just issue a whole bunch of tariffs right off the bat?

• 23:27Hannah McCarthy?

  He's asking agencies to figure out if and how to do it. Trump promised to withdraw the US from the Paris Agreement. That's the international treaty on climate change. He also revoked the United States International Climate Finance Plan, and he withdrew us from the World Health Organization.

• 23:44Nick Capodice?

  Well, he did that before, didn't he?

• 23:45Hannah McCarthy?

  He did. So this time around, he undid that undoing. All right, a few executive actions deal with what Trump calls "past misconduct" of the government. He revoked the security clearances of 50 people who once signed a letter about Hunter Biden's laptop. Though, at a different turn, he ordered immediate, top-secret clearance for others. He ordered an end to the federal combating of what he says they call misinformation and disinformation. He just calls that free speech. He ordered a review of past investigations and prosecutions by the federal government with the goal of correcting them if he thinks they were political in nature. He reinstated Schedule F. You might remember that from the end of his first term.

• 24:29Hannah McCarthy?

  It makes it easier to fire federal workers, and the order clarifies that it will be about those who Trump believes do not faithfully implement his policies. He also instituted a performance plan to review top-level officials. There's also a hiring freeze for federal civilians, a regulatory freeze until Trump's own appointees are in charge, and paused foreign aid pending review.

• 24:54Nick Capodice?

  So Hannah, are all of these executive orders?

• 24:58Hannah McCarthy?

  Well, not all of them. As you've heard me say, some of them are proclamations, some of them are memoranda, which, again, we learn way more about in your episode on executive orders, Nick. But his actions include reinforcement of the death penalty for federal Capitol crimes. Biden had walked that back quite a bit. Broad clemency, commuted sentences and pardons for more than 1,000 people accused or convicted of crimes during the January 6th insurrection at the Capitol, the restoration of TikTok despite a federal law banning it, as well as the promise to make it safe, the mandate to make civic buildings beautiful, and the command that heads of executive departments make life less expensive in America.

• 25:44Nick Capodice?

  Hannah?

• 25:45Hannah McCarthy?

  Yeah.

• 25:47Nick Capodice?

  All right. I was just making sure you're still there because suddenly the list stopped.

• 25:52Hannah McCarthy?

  Oh, I'm done.

• 25:53Nick Capodice?

  You're done?

• 25:53Hannah McCarthy?

  I mean, by the time people listen to this, there will almost certainly be more executive orders. But yeah, for now, I'm done.

• 26:00Nick Capodice?

  All right. I have to say, that was a marathon.

• 26:03Hannah McCarthy?

  I mean, I just had to read about it. Imagine making it all happen.

• 26:07Nick Capodice?

  Yeah, that and the lawsuits.

• 26:08Hannah McCarthy?

  Yeah. There are already so many promised lawsuits.

• 26:12Nick Capodice?

  Just before we go, Hannah, can I ask real quick? What didn't he do? You know? What promises are as of yet unfulfilled?

• 26:21Hannah McCarthy?

  Well, a lot of these executive actions might just be paving the road for other stuff that Trump promised, like revoking federal funds from schools that teach critical race theory, which grade schools, by the way, do not teach, or schools that have vaccine and mask mandates. Trump has not yet shut down the Department of Education, though he promised to do so. He didn't yet eliminate the taxes that he promised to get rid of. The mass deportations did not happen on day one, though there have been reports of many ICE raids and arrests in the last week. And he did not end the wars in Ukraine or Gaza immediately after taking office.

• 27:02Nick Capodice?

  I gotta say, this is truly remarkable. I mean, the degree to which, at least on paper, literally, Donald Trump really did fulfill many of the promises he made on the campaign trail. Sending out so many orders so early in his term means we might not have to wait long to learn exactly how feasible or legal these plans are.

• 27:26Hannah McCarthy?

  Right. So many organizations and states are launching lawsuits. So now the question is, do the courts think X, Y, or Z is legal? And then, of course, will Congress support these orders in law and budgeting? Or will it render them ineffective? What flies? What doesn't? But Donald Trump is the president, and these are his orders. How they happen, if at all, is going to be up to the rest of the government.

• 27:55Nick Capodice?

  I think it's going to be a busy four years, Hannah.

• 27:58Hannah McCarthy?

  Buckle up, pal.

• 28:04Hannah McCarthy?

  That does it for this episode. It was produced by me, Hannah McCarthy, [5.45, with Nick Capodice. Christina Phillips is our senior producer. Rebecca Lavoie is our executive producer. Music in this episode by Epidemic Sound. And I just have to say it again, we will come back to so many, if not all, of these executive orders in the future. But for now, if you want more Civics 101, you can find the rest of our episodes at our website civics101podcast.org. Civics 101 is a production of NHPR, New Hampshire Public Radio.

• 28:48Speaker 03

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