Executive Order 14159—Protecting the American People Against Invasion

President Donald J. Trump issued Executive Order 14159, titled "Protecting the American People Against Invasion," on January 19, 2025. This executive action involves withholding, pausing, or freezing federal funds. The President states that this is for the "faithful execution of the immigration laws of the United States against all inadmissible and removable aliens." The order also revokes several previous executive orders from 2021 and directs federal departments and agencies to take all appropriate action to revoke related policies and ensure the faithful execution of immigration laws against "inadmissible and removable aliens."

The order is intended to affect "inadmissible and removable aliens" by enforcing immigration laws against them. It also directs federal agencies, including those within the Department of Homeland Security, to set priorities that protect public safety and national security. The President's stated purpose is to protect the "American people" from what he describes as threats to national security and public safety, and to address costs to taxpayers.

This executive order raises questions about the President's authority over federal spending. It directly implicates the Impoundment Control Act of 1974, a law passed specifically to prevent presidents from refusing to spend money Congress has appropriated. The Constitution grants Congress the exclusive "power of the purse," meaning the executive branch is legally obligated to spend funds that Congress appropriates and the President signs into law. Courts have consistently held that policy disagreements do not give the President authority to unilaterally withhold congressionally appropriated money, and actions of this type frequently prompt litigation and have been struck down by federal courts.

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