Executive Order 14287 declares that federal supremacy in immigration matters is essential to national sovereignty and security. The order characterizes the prior administration as having allowed "unchecked millions of aliens to illegally enter the United States," describing the situation at the southern border as an "invasion" requiring federal intervention. It frames certain state and local policies that obstruct federal immigration enforcement as a "lawless insurrection against the supremacy of Federal law" and potentially violative of numerous federal criminal statutes, including obstruction of justice, harboring illegal aliens, and conspiracy against the United States. The order establishes a policy imperative to restore enforcement of federal immigration laws.
The order creates a system for designating and penalizing "sanctuary jurisdictions" through multiple mechanisms. Within 30 days, the Attorney General and Secretary of Homeland Security must publish a list of states and localities that obstruct federal immigration law enforcement, with subsequent notifications to those jurisdictions about their status. The order directs all federal agency heads to identify appropriate federal funds, grants, and contracts for potential suspension or termination to sanctuary jurisdictions. For jurisdictions that remain defiant after notification, the Attorney General and Homeland Security Secretary are instructed to pursue all necessary legal remedies and enforcement measures to end these violations.
Implementation responsibilities extend beyond sanctuary designation and funding restrictions. The order requires the Department of Homeland Security, in coordination with the Justice Department, to develop guidance or rules ensuring eligibility verification for individuals receiving federal public benefits through private entities within sanctuary jurisdictions. Additionally, the Attorney General must identify and take action against state and local laws that allegedly favor immigrants over American citizens, specifically targeting policies like in-state tuition for undocumented students that might conflict with federal law 8 U.S.C. 1623. The order includes standard provisions stating it must be implemented consistent with applicable law, availability of appropriations, and does not create any enforceable rights against the government. The Department of Justice is designated to fund the order's publication in the Federal Register.