What are executive orders – and will Donald Trump’s latest ones work?

Donald Trump signed more than 100 executive orders on his inauguration day.

It has become standard practice for new presidents to use them within hours of taking office – Joe Biden signed 17 on his first day.

They are arguably the president’s most powerful tool for enacting change – as they have the same force behind them as legislation – and bypass both Houses of Congress.

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Mr Trump’s inauguration day executive orders included declaring a national emergency at the US-Mexico border, withdrawing US birthrights from migrants’ children, and taking the US out of both the Paris Climate Agreement and the World Health Organisation.

But they do have limits – and can be subject to legal challenges.

What are they – and how do they work?

Executive orders are official instructions from the president about how US federal agencies, such as government departments and the FBI, should use their resources.

They are enshrined in the second article of the constitution, which states: “The executive power shall be vested in a president of the United States of America.”

Effectively, they are a way for the president to dictate how the federal government should be run.

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They can take various forms – from laying out major policies and requesting official reports to giving federal employees days off for public holidays.

The president’s role as commander in chief means they can also be used to control what the military does.

How quickly do they take effect?

It depends on the subject matter – and the work required to achieve the president’s aims.

Executive orders that are relatively straight forward and face no opposition can be acted upon straight away.

For example, one of Mr Trump’s latest ones pardoned all of the 6 January rioters, declaring any still behind bars in federal prisons should be released immediately.

But others that are more abstract will take longer – and require further direction on how to achieve them.

One example from Monday was the order that all agencies should “address the cost-of-living crisis”.

Those that take longer than the four-year presidential term are often overridden if a new president is elected. Many of Mr Trump’s executive orders from his first presidency were focused on undoing the work of President Barack Obama, Mr Biden’s overturned many of Mr Trump’s – and so on.

Can they be overturned?

Congress and the courts have the power to block executive orders – but this is not absolute.

For example, Congress can pass laws to override them but these can still be vetoed by the president.

Congress can also deny the required funding from being allocated.

However, Congressional opposition is less likely this time around, as the Republican Party has control of the House of Representatives, the Senate – and the White House.

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Executive orders are supposed to work within the confines of the law, which means they can also be subject to legal review.

State government officials, campaign groups, and other entities can challenge an executive order if they can prove the president is going beyond his legal powers – or the constitution.

For example, President Harry Truman was stopped from trying to seize steel mills by the Supreme Court during the Korean War after it was argued he lacked the authority to take private property without Congress’s permission.

Will Trump’s latest orders face opposition?

Many of Mr Trump’s latest executive orders are highly controversial.

Although he is less likely to face political opposition due to Republican majorities in Congress, civil rights groups and Democratic attorney generals have already signalled they will launch legal proceedings.

For example, legal action was lodged within minutes of Mr Trump officially ordering the creation of his new Department of Government Efficiency (DOGE) led by Elon Musk on Monday.

Legal action is less likely to be successful when challenging the revocation of Joe Biden’s policies – as these were lawfully approved during his administration.

Opposition groups are more likely to win against the Trump administration’s use of new, untested legal arguments, according to Sky’s US partner network NBC News.

One example is the order rescinding birthrights for children whose parents are not permanent residents or US citizens.

Birthrights – the right of citizenship to anyone born on US soil – come from the 14th amendment of the constitution, which states they apply to anyone “subject to the jurisdiction” of the United States.

Mr Trump’s executive order argues this means it does not apply to undocumented migrants – but legal experts have already indicated the language only refers to those exempt from US law – such as foreign diplomats.

Another example is Mr Trump’s proposed use of the Alien Enemies Act, which is part of the Alien and Sedition Acts 1798.

It gives the president powers to detain or deport foreign citizens during times of war – and was used during the Second World War.

However, Mr Trump’s order will likely struggle to hold up in court – as the US is currently not at war.