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.
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Donald Trump’s executive orders
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.
Donald Trump signs an executive order on a hiring freeze on inauguration day. Pic: AP
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.
Pic: AP
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.
Member of Trump staff carries his executive orders on inauguration day. Pic: Reuters
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.
Protesters in Washington DC on Monday. Pic: Reuters
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.
Venezuela’s President Nicolas Maduro has accused the US of a coup attempt after Donald Trump approved CIA operations in the country to tackle alleged drug trafficking.
Mr Trump confirmed his decision, first revealed by The New York Times, as he said large amounts of drugs were entering the US from Venezuela – much of it trafficked by sea.
“We are looking at land now, because we’ve got the sea very well under control,” he said.
When asked why the coastguard wasn’t asked to intercept suspected drug trafficking boats, which has been a longstanding US practice, Mr Trump said the approach had been ineffective.
“I think Venezuela is feeling heat,” he said.
Donald Trump at the White House on Wednesday evening. Pic: Reuters
Maduro hits back
He declined to answer whether the CIA has the authority to execute Mr Maduro, who denies accusations from Washington that he has connections to drug trafficking and organised crime.
The US has offered a $50m (£37m) reward for information leading to his arrest.
“How long will the CIA continue to carry on with its coups?” he asked after Mr Trump’s comments on Wednesday evening, saying calls for regime change harkened back to “failed eternal wars” in Afghanistan and Iraq.
In a message to the American people, he said in English: “Not war, yes peace. The people of the US, please.”
President Nicolas Maduro. Pic: Reuters
US targets ‘drug boats’
Mr Trump also alleged Venezuela had sent a significant number of prisoners, including individuals from mental health facilities, into the US, though he did not specify the border through which they reportedly entered.
On Tuesday, he announced America had targeted a small boat suspected of drug trafficking in waters off the Venezuelan coast, resulting in the deaths of six people.
According to the president’s post on social media, all those killed were aboard the vessel.
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Footage of the strike was released by Donald Trump on social media. Pic: Truth Social
The incident marked the fifth such fatal strike in the Caribbean, as the Trump administration continues to classify suspected drug traffickers as unlawful combatants to be confronted with military force.
War secretary Pete Hegseth authorised the strike, according to Mr Trump, who released a video of the operation.
The black-and-white footage showed a small boat seemingly stationary on the water. It is struck by a projectile from above and explodes, then drifts while burning for several seconds.
Mr Trump said the “lethal kinetic strike” was in international waters and targeted a boat travelling along a well-known smuggling route.
There has also been a significant increase in US military presence in the southern Caribbean, with at least eight warships, a submarine, and F-35 jets stationed in Puerto Rico.
A 39-year-old man died in hospital alone, miles from his family, after being detained by US immigration officials.
Ismael Ayala-Uribe, who had lived in the US since he was four, fell ill while in an immigration detention centre in California.
Ismael Ayala-Uribe was well known in the local Latino community
He complained of a fever and had a persistent cough in the weeks before he died, according to his mother Lucia.
She said he was initially treated by medical staff inside the detention centre but was returned to his cell.
He was eventually taken to hospital for a scheduled surgery to remove an abscess on his buttocks, but died before he was able to have the operation.
His family were never told he was in hospital, learning of his death via a knock on the door from police.
“They’re the ones that notified us that he had passed,” his brother, Jose Ayala, told Sky News.
“We were not even aware that he was in the hospital or even had a scheduled surgery. Then we got a knock on our door a little after 5.30 one morning.
“I believe he would still be alive today if he was never detained. He got sick while in detention, and they did not seem to take care of him.”
Ismael’s brother Jose speaks to Sky News
Why was he detained?
Mr Ayala-Uribe’s death raises questions about the conditions inside the centre he was held in, and if a sudden surge of immigrants being detained by this administration has left the system stretched beyond breaking point.
He had moved to the US from Mexico with his family as a child.
He did have DACA – deferred action for childhood arrivals – status, granted to those who have arrived while under the age of 18. But this was removed in 2016, after he was convicted of drink-driving.
In August, he was arrested by immigration agents at a car wash in California where he had worked for 15 years.
He was held for five weeks at Adelanto, a privately owned, run-for-profit, immigrant detention centre. A lawyer for his family said he was, as far as they are aware, a healthy man before he was detained and had no medical need.
But Mr Ayala-Uribe’s mother, who was visiting him every eight days and speaking to him on the phone a couple of times a day, said she noticed him getting progressively unwell.
Ismael’s brother and mother, Lucia
“He started with lots of fever,” Ms Ayala said. “He said they weren’t listening to him. The last time I saw him his face was drained, he told me he was not OK, he told me he couldn’t take it any more.”
Beginning to cry, wiping away tears, she added: “I feel powerless that I couldn’t do anything to help my son.
“I never imagined I was going to bury one of my sons. It feels terrible, they took a piece of my heart away.
“I would like something to change. If we cannot save him, at least we can save others that are still inside.”
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Inside Trump’s immigration raids
ICE defends detention treatment
The cause of Mr Ayala-Uribe’s death is still under investigation.
Sky News requested comment from the company which owns the detention centre where he was held, and they deferred to ICE, the US immigration and customs enforcement agency.
In a statement, ICE said: “Comprehensive medical care is provided from the moment individuals arrive and throughout the entirety of their stay.
“At no time during detention is a detained illegal alien denied emergency care.”
The Trump administration says it’s targeting criminals and people in the US illegally. But campaigners say Mr Ayala-Uribe’s death should not be viewed in isolation.
Images from Ismael’s funeral service
Since Donald Trump took office, at least 15 people have died in immigration detention.
Democrat senators Jon Ossoff and Raphael Warnock wrote a letter to the homeland security secretary, Kristi Noem, asking for more information about these deaths.
The senators claimed 10 people had died between January and June, and that it was the highest rate in the first six months of any year publicly available.
Sarah Houston, a lawyer for the Immigrant Defenders Law Centre, claims immigrants are being mistreated in custody.
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“This administration’s main goal is to harm, to torture individuals and to try to force them out,” she said.
“The great increase we see in human rights abuses, in deaths, is a direct result of the administration’s decision to pack these detention centres as much as they can.”
Mr Ayala-Uribe’s funeral was held this week. Dozens of extended family and friends wore t-shirts bearing his face. A mariachi band played as his casket was lowered into the ground and his mother heaved with sobs.
As they absorb their loss, the effort to carry out the biggest mass deportation operation in US history continues.
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