House Republicans are seeking to codify several executive orders signed by President Donald Trump over the last few days, with some lawmakers arguing that border security and birthright citizenship should be prioritized given the likely legal battles ahead.
Since taking office Monday, Trump has signed dozens of executive orders ranging from stopping immigration at the southern border and repealing Biden-era energy policies to dismantling diversity, equity, and inclusion initiatives in federal agencies.
Trump set a record on Inauguration Day for the most executive orders signed by a president on his first day, affecting millions of lives in just the first few days of his presidency. There are limitations to what a president’s executive authority can legally accomplish, so several of Trump’s executive orders are likely to be challenged in court.
However, as seen with Trump’s rolling back of former President Joe Biden’s executive orders, many House Republicans are working to codify these policies to prevent them from being rescinded down the line or to place a legal roadblock in the way of Democratic challengers.
With so many executive orders to choose from, several Republicans said they think any bills related to his border security orders should be the top priority — including the “Remain in Mexico” policy, which ended a program used by asylum-seekers that allowed them into the United States while waiting for their cases to be considered.
In an executive order, Trump dictated that officials should “repeal, repatriate, or remove any alien engaged in the invasion” of the southern border.
Last week, Rep. Brandon Gill (R-TX) introduced a bill to reimplement the Trump-era Remain in Mexico policy, officially known as the migrant protection protocols. Despite the policy going into effect immediately with Trump’s signature, some GOP lawmakers argue a more permanent solution is still required.
“The executive orders are temporary. Passive legislation is permanent, right, so I would like to codify a lot of his executive orders into law,” Rep. Max Miller (R-OH) said, noting that “anything” Trump orders regarding the southern border “is going to receive my support.”
Miller added that he would like to see what Trump enacted in his first term signed into law, as well, because “that is why Biden was able to do what he was able to do over the last four years in this country.”
Republicans took a step on Tuesday to codify Trump’s executive order eliminating automatic citizenship for those born in the U.S. when Rep. Brian Babin (R-TX) introduced the Birthright Citizenship Act.
The act would reinterpret the 14th Amendment to ensure citizenship is only granted to children born in the U.S. with a parent who is a U.S. citizen or national, a lawful permanent U.S. resident, or a lawful immigrant performing active service in the U.S. Armed Forces.
Trump’s executive order rescinding birthright citizenship is already facing legal challenges from 22 Democrat-led states that seek to block his immigration agenda in court, and it faced its first legal test Thursday in a Seattle courtroom.
District Judge John C. Coughenour temporarily blocked Trump’s executive order, siding with the attorneys general of Arizona, Illinois, Oregon, and Washington. The four states filed a lawsuit arguing the executive order would strip citizenship away from at least 150,000 newborn children each year that they are entitled to under the 14th Amendment.
The other 18 states filed a separate lawsuit that is being considered in Massachusetts.
Rep. Andy Biggs (R-AZ) said he wants to see the birthright citizenship bill codified first to eliminate any standing Democratic states have in their legal challenges.
“I don’t understand how the states have standing,” Biggs said. “States don’t have standing, it would be individuals that would have standing, but let’s leave that alone. But I know it’s going to be litigated. So some of these things we need to get done and codified because there’s going to be litigation.”
One executive order Biggs is not keen on codifying is the TikTok ban, which Trump suspended for 75 days. Biggs voted against the ban, supported by both Democrats and Republicans, in March 2024.
“I think there’s some other things that are probably more important than that right now,” Biggs said when asked whether codifying the ban should be a priority. “I mean, I’m hearing that TikTok is a national security threat. I need to see some real evidence of that. And if we see evidence that’s more than innuendo, then we need to do some stuff about it — properly.”
With a 218-215 majority in the House, thanks to vacancies and resignations from former Florida Rep. Matt Gaetz and national security adviser Mike Waltz, Republicans are facing an uphill battle on key pieces of legislation to pass them along party lines. Executive orders on the border, however, might be easy to get through the chamber — and may even draw bipartisan support.
Since the start of the 119th Congress, two border and immigration messaging bills received Democratic support: the Preventing Violence Against Women by Illegal Aliens Act and the Laken Riley Act. However, a bill such as Babin’s may not draw much support from Democrats, who are still on shifting sands as the party works to revamp its take on immigration.
In a news conference Thursday, House Minority Leader Hakeem Jeffries (D-NY) said working with House Republicans to secure the border and fix the “broken immigration system” in a bipartisan manner is a “high priority.”
“But we have no plans to support any extreme agenda at the far Right wants to jam down the throats of the American people,” Jeffries said, adding that he has not looked at Babin’s legislation text yet.
Rep. Andy Ogles (R-TN) announced Thursday that he would reintroduce legislation targeting visas of students who are arrested on charges related to rioting or participating in unlawful protests, a bill he introduced last year at the height of the pro-Palestinian demonstrations across many college campuses.
“President Trump just signed an executive order sending foreign Hamas supporters with student visas back home,” Ogles said Thursday in a post to X. “I’m proud to have introduced a bill doing this last Congress, and I plan to reintroduce this legislation to codify President Trump’s brilliant effort.”
Some Republicans, such as Rep. Ralph Norman (R-SC), do not have a priority list when it comes to executive orders, noting that Trump is “making them as we speak.”
“We’ve got to pay close attention to the ones that he’s done so far,” Norman said. “I haven’t read through all of them, but that’s his priority. And the ones we need to codify, we’ll go through and see.
“Remain in Mexico ought to be done now,” the South Carolina congressman added.
In a statement, Gill said his bill and Trump’s subsequent executive order are “proof that the tides are shifting around the border security conversation.”
“We agree with what President Trump has been saying all along—it’s time to codify his policies and close the border,” Gill said.
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House Speaker Mike Johnson (R-LA) told reporters that while the conference is “laser-focused” on appropriations and reconciliation, Trump’s executive orders are “kickstarting” the GOP’s legislative road map.
“You’re going to see our legislative agenda roll out,” Johnson said. “We’re working very closely, close coordination with the White House. This is an America First agenda that takes both of those branches of government to work in tandem.”