Recent executive orders recap

24 executive orders have been published since our recap in August. Here is a summary of the new orders, plus a few we missed last time.

Defense or War

Trump claimed to change the name of the Department of Defense to the Department of War, but the Executive Order only revives the department’s former name as a nickname, since the President cannot officially change the name without Congressional approval. Still, “defense.gov” now routes to “war.gov,” and Hegseth updated signs around his office since the order authorizes him to refer to himself as Secretary of War. Critics complain of the cost required to update emblems and signage both domestic and abroad – millions of dollars – as well as the message it would send to the American public and foreign leaders, while proponents claim the change would be more reflective of the department’s mission and capabilities.

Foreign Affairs and Immigration

President Trump has ordered new tariffs on India due to their trade relationship with Russia, Brazil for convicting their former President Jair Bolsonaro of attempting a coup after losing the 2022 election, modified tariffs on Japan and China, and signed broad changes to his reciprocal tariff plan which an appeals court has ruled is illegal.

Another order gives the Secretary of State the authority to designate foreign countries as State Sponsors of Wrongful Detention if the Administration determines they’ve detained an American wrongfully, or are complicit in wrongful detention of “third country nationals in which cases the United States has a national interest.” This designation would result in sanctions, travel restrictions to or from those countries, and/or aid and export restrictions. Administration officials have stated anonymously that China, Afghanistan, Iran, and Russia could all face penalties under the new designation.

With an order signed on September 19, Trump established a new Gold Card fast-track for immigrant visas for those who can pay fees starting at $1 million if a person is paying for themself. Alternatively, if a corporation donates on a person’s behalf the fee is $2 million. The fee, referred to in the order as a “gift,” would be made to the Department of Commerce as proof of eligibility for the Gold Card program. The department would then use those funds “to promote commerce and American industry.”

On September 29 Trump defined “any armed attack” on Qatar as a threat to the U.S. and instructed the Secretary of Defense (we will continue to use the defense department’s legal name) and the Director of National Intelligence to create a contingency plan for a coordinated diplomatic, economic, and military response to such threats. This followed several weeks after Israel’s September 9 airstrike targeting Hamas leadership in Qatar’s capital.

Science and Tech

Trump intends to increase commercial space activities such as launch and port experiences within the next few years by instructing the Secretary of Transportation to reform the regulatory process for launch and reentry permits to eliminate obstacles such as environmental or safety reviews.

On August 7, Trump signed an Executive Order to overhaul government oversight for grants awarded to the scientific community. Under this Executive Order, agency heads are required to designate an appointee to create a process for reviewing new grant applications to ensure they align with the Administration’s definition of national interests and priorities. It also permits the termination of grants “for convenience”, inciting fear among science advocates that the administration is creating a work-around for court orders to continue grant funding for the National Science Foundation and National Institutes of Health.

Federal Design

A new initiative aims to modernize the aesthetic design and usability of government websites and services by establishing the America by Design initiative. But the Trump Administration already fired the technologists who were actually improving the design and usability of government websites.

In addition, Federal buildings undergoing renovations or rebuilds must now adhere to a traditional architectural design, meaning “Gothic, Romanesque, Second Empire, Pueblo Revival, Spanish Colonial, and other Mediterranean styles of architecture historically rooted in various regions of America.” This order also requires that exceptions to this style must be run by the President for approval.

Healthcare

One Executive Order moves to strengthen the stockpile of pharmaceuticals in the U.S. by instructing the Assistant Secretary for Preparedness and Response (ASPR) in the Department of Health and Human Services (HHS) to facilitate the acquisition and domestic production of Active Pharmaceutical Ingredients (APIs) for a list of critical drugs determined by HHS.

At the end of September, Trump directed the Administration’s Make America Healthy Again (MAHA) Commission to coordinate with relevant agencies to develop a strategy for using artificial intelligence to improve pediatric cancer diagnosis, treatment, cures, and prevention.

Regulations

On August 13, Trump revoked an Executive Order signed by Biden which created the White House Competition Council for enforcement of anti-trust laws. The original order instructed several agency heads to take on anti-trust initiatives such as limiting non-compete clauses, promoting net neutrality, and supporting the right-to-repair.

Another order seeks to ensure that banks can’t discriminate based on political affiliation or religion. It references Operation Choke Point, an Obama-era program that discouraged banks from doing business within specific “high-risk” industries such as payday lending and gun retailers. The initiative ended in 2017 but the Biden administration has been accused of an Operation Choke Point 2.0 due to its regulations around crypto and digital assets. The House and Senate have held separate hearings to determine if the previous administration engaged in an anti-crypto conspiracy. Skeptics argue that banks have been hesitant to provide services to crypto-oriented businesses because of the risk of fraud and money laundering associated with cryptocurrency.

Labor

We reported in April about the Executive Order which instructed agencies to cease collective bargaining. A new order expands this to include additional agencies such as the International Trade Administration, NOAA, NASA, and National Weather Service, among others. This comes amid an ongoing court battle over the initial Executive Order in which a federal judge issued a preliminary injunction blocking its enforcement until an appeals court lifted the injunction, allowing the enforcement to continue while the issue is litigated.

The Employee Retirement Income Act of 1974 (ERISA) serves to protect workers who opt into employer sponsored benefits packages by establishing transparency and vesting standards, requiring fiduciaries to act in the best interest of participants, establishing a grievance process, and giving participants the right to sue if their rights are violated. An Executive Order signed in August calls for the Department of Labor to reevaluate executive guidelines for compliance with this law to curb litigation and regulatory constraints, which would weaken the consumer protections put in place by ERISA.

On September 16, Trump agreed to create an Emergency Board to investigate and review negotiations with the Long Island Rail Road and a coalition of associated unions. The creation of the board staves off a strike that would have impacted hundreds of thousands of commuters. The Metropolitan Transportation Authority (MTA) operates the Long Island Rail Road and has offered a wage increase of 9.5% over three years, which about half of the workforce has accepted, while the union coalition is demanding an increase of 16% over four years. MTA asserts that their offer is fair and the unions’ demands are unreasonable, while the unions assert that they’re just trying to maintain wage gains on par with inflation and the cost of living in New York. The board created by this Executive Order will make recommendations this month.

A freeze of federal hiring in the executive branch was signed on October 15, except for positions pertaining to national security, immigration enforcement, or public safety. Agencies are required to create hiring committees and submit an annual staffing plan which aligns with the Trump administration’s priorities. This means that hiring for ICE can continue, while hiring within other agencies and departments are put on hold.

National Guard Deployments

Two weeks after Trump declared a crime emergency in D.C., federalized the D.C. police, and deployed the National Guard, he signed an order to prepare for rapid deployment of specialized units nationwide. Since then, National Guard troops have been spotted in Memphis with support from Tennessee’s governor, as well as Chicago and Portland where legal challenges have been filed. Military officials have stated that troops in Chicago and Portland are training but “not conducting any operational activities.”

A federal judge ruled on October 9 to grant a 14-day restraining order blocking the Chicago deployment, followed on October 10 by a ruling to temporarily block deployment of National Guard from any state, including Texas, to Illinois. The Trump administration has asked the Supreme Court to allow the deployment through an emergency appeal. Democratic officials in Tennessee have sued to stop the deployment in Memphis, claiming that the state constitution requires the approval of state lawmakers to deploy the National Guard during “rebellion or invasion.” The case for deployment in Portland was temporarily blocked by two temporary restraining orders issued by U.S. District Judge Immergut. She determined that Trump’s claim of Portland being war-torn was “untethered to the facts”. An appeals court, as of October 20, put a hold on one of those two restraining orders, though the other remains in effect preventing deployment. One of the judges on the appeals panel said that the facts do support Trump’s decision “even if the President may exaggerate the extent of the problem on social media.”

TikTok

The TikTok ban that went into effect for less than 24 hours in January before the Trump Administration said it wouldn’t enforce the law has been delayed multiple times while the Trump Administration works out a deal between U.S. investors, ByteDance, and the Chinese government. In September, Trump extended the enforcement delay and then announced a deal which would qualify as the required divestiture to allow TikTok to remain available in the U.S. The Executive Order instructed the Attorney General to refrain from enforcing the ban until the divestment has been completed to negate its enforcement. The deal has not been publicly confirmed by ByteDance or the Chinese government, but Trump has said he will discuss it with Chinese President Xi Jinping at the Asia-Pacific Economic Cooperation summit at the end of October. According to Trump, the deal would involve ownership of the American TikTok algorithm by Larry Ellison (chairman of the board of Oracle, the second-richest person in the world, and a “major bankroller of Republican candidates and causes“; his son now owns media outlets Paramount and CBS), Rupert Murdoch (Fox Corporation founder), and Michael Dell (owner of Dell Technologies). The U.S. version of TikTok would be overseen by a board of directors with six of seven seats held by Americans.

Flag Burning

As Trump signed the Executive Order on flag burning, he said “if you burn a flag, you get one year in jail, no early exits.” The order, however, doesn’t establish a criminal penalty or even outlaw flag burning because Trump does not have that authority. It instructs the Department of Justice to investigate instances of flag burning to determine whether they violate open burning, disorderly conduct, or destruction of property laws. The Supreme Court ruled in 1989 (Texas v Johnson) and 1990 (United States v Eichman) that burning the American flag is an act protected under the First Amendment.

Athletics

In August Trump signed an Executive Order to establish a task force to coordinate the logistics of the 2028 Summer Olympics in Los Angeles.

Trump also signed an order to reestablish the Presidential Fitness Test and the President’s Council on Sports, Fitness, and Nutrition. This council is tasked with establishing fitness programs for schools and launching public campaigns around those programs. Their goal is to combat childhood obesity and improve military readiness of American students.