We will continue to update this page as we learn more about this executive order. Last updated: 1/24/2025.
The Trump administration started its first day with a slew of anti-immigrant executive orders, which attempt to shut down the border to asylum seekers and violate America’s treaty obligations; attempt to strip babies of their citizenship; attempt to expand immigration enforcement to local and state authorities; and continually, blatantly, and fallaciously conflate immigration and crime.
Nebraska Governor Pillen has joined in on Trump’s anti-immigrant agenda with his own executive order designed to instill fear and terrorize the immigrant community. On January 24, 2025, Governor Pillen signed executive order 25-01, “Support for Federal Immigration Policy Implementation.” The ACLU of Nebraska and the Center for Immigrant and Refugee Advancement (CIRA) have created an online resource that breaks down what we know about this anti-immigrant executive order so far and answers questions that community members might have. We will continue to update this page as we learn more.
A quick summary of the executive order:
This executive order attempts to force state agencies, as well as state and local law enforcement agencies, to assist the Department of Homeland Security (DHS) with immigration enforcement no later than May 31, 2025.
What does the executive order do?
The executive order attempts to:
- force all state agencies to assist in the enforcement of federal immigration directives;
- require the Nebraska State Patrol (NSP) and the Nebraska Department of Correctional Services (NDCS) to alert DHS Immigration Customs and Enforcement (ICE) about any person they have arrested who they “reasonably suspect” to have violated a federal immigration law;
- require NSP & NDCS to alert ICE when detainees are going to be released and hold them so that ICE can take them into custody upon their release from prison or jail; and
- command all state and local jails and law enforcement agencies to “consider” adopting formal procedures and agreements to assist DHS.
What agencies are impacted?
The executive order is written to apply to all state-run entities unless preempted by state or federal law. Some examples of state-run entities include the Nebraska Department of Correctional Services, Nebraska State Patrol, Nebraska Department of Education, the Nebraska Equal Opportunity Commission, the Latino American Commission, Nebraska Child Support, Nebraska Department of Health and Human Services, Nebraska Department of Motor Vehicles, and the Nebraska Judicial Branch.
Does this executive order create any crimes or civil offenses?
The executive order does not create any new crimes or civil offenses. Instead, it attempts to force state agencies, and state and local law enforcement agencies, to assist DHS with the enforcement of federal immigration law. However, this executive order does not authorize state law enforcement officers to arrest individuals solely for immigration violations.
What does it mean to assist DHS with immigration enforcement?
It will depend on the agency. Our organizations will be monitoring the implementation of this executive order.
Will local police, county sheriffs, and state patrol be able to enforce immigration laws themselves?
No. State and local law enforcement cannot enforce immigration law except under specific circumstances, and, even then, only in jails and prisons. Police, sheriffs, and state troopers are not allowed to arrest you for an immigration violation while you are at your home, work, on the street, or anywhere else, except if you are already in jail or prison as a result of being charged with a criminal offense.
Does the executive order take away rights from immigrants?
No. All people in Nebraska have rights under the U.S. and Nebraska Constitutions, no matter their immigration status, and this executive order does not and cannot change that. Learn your rights at https://www.aclunebraska.org/en/immigrants-rights-nebraska.
What should someone do if they are harmed by this executive order?
Individuals who are harmed by the executive order are encouraged to contact us by following the ACLU of Nebraska’s intake procedures at www.aclunebraska.org/gethelp. If you require assistance with an individual immigration case, please contact the Nebraska Immigration Legal Assistance Hotline by calling 1-855-307-6730.
What are the ACLU of Nebraska and CIRA doing about this executive order?
At this stage, we are exploring all options, including litigation challenging this executive order. The ACLU of Nebraska and CIRA, along with local and national partners, are closely monitoring the situation and considering every possible avenue for advocacy to limit the harm caused by this executive order. Continue to check this page for future updates.
