President Trump's first week in office has been marked by two things: controversy (over things like his inaugural crowd size and voter fraud accusations), and executive orders. The first is old hat for Trump. But for casual observers and even some political junkies who are paying close attention to Trump's policy moves the second might be a little foreign. Trump signed two more executive orders on Friday, attempting to fulfill his promise of “extreme vetting” to keep potential “radical Islamic terrorists” out of the United States.
So what is an executive action or executive order? And how unusual is what Trump is doing with them? Below, an explainer. What is an executive order?Basically, an executive order is an official statement from the president about how the federal agencies he oversees are to use their resources. It falls under the broader umbrella of “executive actions,” which derive their power from Article II of the Constitution, and it is the most formal executive action. Executive actions also include presidential memorandums (which are a step below executive orders and basically outline the administration's position on a policy issue), proclamations and directives.
An executive order is not the president creating new law or appropriating new money from the U.S. Treasury both things that are the domain of Congress; it is the president instructing the government how it is to work within the parameters that are already set by Congress and the Constitution.Trump's executive order on building a border wall, for example, basically establishes building the wall as a federal priority and directs the Department of Homeland Security to use already-available funding to get the ball rolling on its construction.
The president's executive orders are recorded in the Federal Register and are considered binding, but they are subject to legal review. (More on that next.) How can a president do this? In a word: carefully. Executive orders have often been the subject of controversy, with the opposition party accusing the president of overstepping his authority and acting like a dictator. Basically, they're arguing that he's changing the law rather than working within it.
This came up most recently after former president Barack Obama signed executive orders exempting the children of illegal immigrants and parents of legal children from deportation. They are known as Deferred Action for Childhood Arrivals or DACA and Deferred Action for Parents of Americans and Lawful Permanent Residents or DAPA. The plans would shield about 4 million undocumented immigrants from deportation, but Republican governors and attorneys general have sued, alleging that Obama was essentially implementing immigration reform on his own overstepping his authority. In June, the Supreme Court deadlocked, leaving a federal judge's ruling blocking the programs in place.
And questions have already arisen about the legality of an early Trump executive order involving illegal immigration: his order denying federal funding to sanctuary cities. Expect a court fight there, too. What is the history of executive orders? They have been around for as long as we've had presidents, in fact all the way back to George Washington.
Since Ronald Reagan was first elected, in 1980, every new American President has met with his Mexican counterpart shortly after winning the White House. Reagan travelled to Mexico before his swearing in and welcomed Mexican President José López Portillo to Washington later that year. George H. W. Bush met with Carlos Salinas de Gortari, in Houston, in November, 1988, before either man was sworn in as President. Bill Clinton met with President Salinas, in Austin, before Clinton’s Inauguration. George W. Bush, who already had a relationship with President Vicente Fox, made Mexico his first foreign destination as President. Obama met with President Felipe Calderón, in Washington, shortly before his swearing in.
Despite his well-known hostility toward Mexico, Donald Trump planned on keeping this tradition alive. Last Saturday, in his first public announcement from the White House, Sean Spicer, Trump’s press secretary, noted that Mexican President Enrique Peña Nieto would visit Trump on January 31st for a meeting “on trade, immigration, and security.” (This was after Spicer finished berating the press for accurately reporting on the relatively small crowd size at Trump’s Inauguration.)
This week, Peña Nieto dispatched several ministers to lay the groundwork for the summit, including Luis Videgaray, his new secretary of foreign affairs. Last fall, Videgaray, then the finance minister, and one of the few people in Peña Nieto’s administration with links to the Trump campaign, recommended that Peña Nieto invite Trump to Mexico. Trump’s visit became such an embarrassment to the unpopular Mexican government that Peña Nieto was forced to sack Videgaray.
But, after Trump won, Videgaray was welcomed back into the government in his current role. “He was the only one who had diplomatic ties to the Trump Administration,” an official at the Mexican Embassy noted. On Wednesday, when Videgaray and his colleagues came to the White House for a day of meetings with Jared Kushner and other senior Trump aides, Trump signed one executive order calling for “the immediate construction of a physical wall on the southern border” and another greatly expanding the categories of undocumented immigrants who will be prioritized for deportation.
The Embassy official said the team of diplomats at the White House was furious and despondent at the timing. “They were like, ‘What the fuck are we going to negotiate?’ ” the official said. “ ‘You’ve done the job. What are we going to negotiate if you’ve signed this? What’s wrong with you?’ ”Peña Nieto made an emotional televised statement to his country on Wednesday evening condemning Trump’s executive orders. “Mexico will not pay for any wall,” he said. He promised to turn Mexico’s fifty consulates in the United States into “true ramparts in defense of migrant rights.”The relationship between the two leaders completely ruptured yesterday. In one of his first instances of Twitter diplomacy as President, Trump wrote on Thursday morning, “If Mexico is unwilling to pay for the badly needed wall, then it would be better to cancel the upcoming meeting.” Not surprisingly, Peña Nieto cancelled.
This depressing episode confirms several of the worst fears about Trump. The first is that he is not a good negotiator. Rather than waiting a week before he issued his executive orders on immigration, Trump signed them at a moment that maximally embarrassed Videgaray, the Mexican official who is the most sympathetic to him. The moves left the unpopular Peña Nieto with no choice but to cancel next week’s visit, and poisoned the relationship with one of America’s closest allies and our third-largest trading partner.
Furthermore, it showed that with his impulsive use of Twitter to make foreign-policy statements, Trump is turning American diplomacy into a series of personal relationships unguided by strategy or forethought. He praises foreign leaders who flatter him, such as Vladimir Putin, and marginalizes those who criticize him, like Peña Nieto, without regard to the strategic value of the relationship. He is turning foreign policy into a version of professional wrestling, where alliances and rivalries shift based on petty personal factors. At any moment, Trump is a tweet away from creating an international conflagration.
The incident also made it clear that congressional Republican leaders, who, during the Obama years, were vocal about the President’s relationships with other countries, have no interest in policing Trump’s foreign policy. At a press briefing in Philadelphia yesterday, Speaker of the House Paul Ryan and Senate Majority Leader Mitch McConnell, who casually announced that Congress would find some fifteen billion dollars to pay for the border wall, had nothing to add about Trump’s detonation of the U.S.-Mexico alliance. “The President can deal with his relationships with other countries,” McConnell said.
Finally, and perhaps most important, Trump’s treatment of Mexico reinforces an emerging world view that casts aside the values at the center of American foreign policy since the Second World War. As with his degrading comments about nato, his view that Taiwanese democracy and independence is a negotiating chip with China, his cavalier attitude toward Russia’s annexation of Crimea and meddling in Ukraine, his abandonment of the Trans-Pacific Partnership without even a cursory consultation with allies in the region who fear Chinese hegemony, his obsessions with the use of torture and the seizure of Iraq’s oil fields, Trump’s views on U.S.-Mexico relations are devoid of the liberal values that have kept Western democracies together for decades.
During the Cold War, Reagan pushed Mexico to liberalize its economic and political system and tried to bring the country closer to America and away from any Communist-inspired Latin American movements. Both Bushes, Clinton, and Obama made economic integration with Mexico a priority, and they all worked toward humane immigration solutions. Trump, meanwhile, is treating Mexico like a nineteenth-century colony. Other countries are watching, and the long-term effect could be to gradually isolate us from the rest of the world. As the official at the Mexican Embassy said, “He’s putting your country in boiling water.”
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