Do we have laws for illegal immigrants coming into America
Executive summary
U.S. law already criminalizes unlawful entry and provides extensive civil-removal authorities under the Immigration and Nationality Act (INA), and the federal government in 2025 moved aggressively to prioritize enforcement — issuing executive orders directing detention, mass referrals, and stepped-up interior and border operations [1] [2]. Agencies including DHS, ICE and USCIS have reported large-scale uses of Notices to Appear, referrals to ICE, and expanded cooperation with state and local partners under programs such as 287(g) — even as courts and advocates challenge some executive actions [3] [4] [5].
1. Federal statutes create criminal and civil paths to remove people who enter illegally
The core statutory framework is the Immigration and Nationality Act (INA), which contains criminal provisions for unlawful entry and a broad set of administrative removal mechanisms; the White House cited the INA as the authority for new enforcement priorities in 2025 [2]. These federal statutes give DHS, ICE and DOJ the power to apprehend, detain, charge and seek removal of noncitizens who entered or remain unlawfully (available sources do not mention a full statute-by-statute text here; White House materials reference INA authority) [2].
2. Executive actions in 2025 sharply increased enforcement and detention priorities
President Trump’s 2025 executive orders — including “Protecting the American People Against Invasion” and “Securing Our Borders” — direct DHS and DOJ to prioritize enforcement of the INA, to detain aliens apprehended for immigration violations “to the fullest extent permitted by law,” and to rescind prior policies that limited enforcement [2] [1]. Agencies have since issued guidance and operational directives aimed at more arrests, NTAs and removals [3] [6].
3. Agencies report metrics showing intensified interior enforcement
USCIS and DHS communications state that since January 2025 USCIS referred thousands of individuals to ICE, that hundreds of thousands of Notices to Appear were issued to restore enforcement, and that USCIS special agents received expanded authorities — all presented as evidence of a return to rigorous enforcement [3]. Independent trackers and legal groups, cited in reporting, note these actions are part of a broad executive-led shift [5].
4. Federal-state cooperation and delegation (287(g)) expands enforcement reach
ICE’s 287(g) delegation allows state and local officers to perform certain immigration functions under ICE supervision; ICE materials show rapid growth in MOAs and local participation as of late 2025, extending enforcement into local jails and police interactions [4]. Congress and the White House have encouraged such partnerships as a force multiplier for deportation efforts [1].
5. Legal challenges and limitations on executive power are active and consequential
Several elements of the 2025 enforcement agenda — notably proposed changes to birthright citizenship and suspensions of refugee programs — have faced immediate litigation and temporary injunctions; federal courts have temporarily blocked at least some orders from taking effect nationwide [5]. Legal experts (e.g., New York City Bar) are tracking where executive actions test limits of presidential authority [7].
6. Policy changes affect legal immigration pathways and benefits, not just removals
Beyond detention and removals, executive and agency actions in 2025 altered eligibility rules, vetting standards and program access (suspension of aspects of the Refugee Admissions Program, changes to public-benefit rules, and new vetting for applicants from certain countries), which together reduce lawful avenues and change the practical landscape for migrants and asylum seekers [8] [5] [3].
7. Political context and competing narratives shape enforcement choices
Administration statements frame the measures as restoring “law and order” and protecting workers and communities [5] [3]. Opponents — including immigration advocates, Democratic states and civil-rights organizations — argue these actions overreach executive authority, harm refugees and immigrant communities, and are the subject of litigation and policy pushback [7] [5] [9].
8. What remains unclear in current reporting
Available sources document statutory bases, executive orders and agency claims of expanded enforcement, but do not provide a complete inventory of every criminal statute actually used in each enforcement action, nor do they present consolidated national data on removals vs. court challenges in real time (available sources do not mention comprehensive removal-by-statute statistics). They also do not settle long-term legal outcomes of the pending court cases [5] [7].
Bottom line: U.S. immigration law already criminalizes illegal entry and provides strong civil-removal tools under the INA; in 2025 the federal executive branch actively amplified use of those tools through orders, agency rules and expanded partnerships — moves that are reshaping enforcement but remain subject to ongoing litigation and legal limits [2] [1] [5].