In the first weeks of the new administration, over two dozen Executive Orders (EOs) and related administrative actions were issued, with many more expected. EOs can influence federal policies and agency priorities, but they cannot create new laws or override existing ones.
While many of these EOs may be unconstitutional and challenged in federal court, they still have the potential to shift funding priorities, change enforcement policies, and cause significant delays.
As youth homelessness service providers, it’s essential to understand how these EOs may or may not affect your work. Below, we break down what EOs can and cannot do, how they are regulated, and what remains unchanged regarding legal protections for employees and those you serve. This information is a summary of a recent NN4Y resource developed developed about the EO limitations, impact, and existing protections in place through laws and regulations.
While some protections are being challenged and may face ongoing litigation, your work remains essential. Thank you for your dedication to serving young people with best practices and care, and be prepared to adapt if federal funding or enforcement priorities shift. Together, we can navigate these uncertainties and continue making a positive impact.
What is Still True
Until a federal agency directly tells you to do something differently, continue to serve young people using the best practices all of our young people need. EOs cannot change existing laws and protections that are still in place, including:
- Civil Rights & Anti-Discrimination
- Labor & Employment Protections
- Health & Welfare Protections
- LGBTQ+ Protections
- Education Protections, including those for immigrants and students experiencing homelessness
See a non-exhaustive list of existing legal rights and obligations with links to law/case law in our Executive Orders Update.
Limitations on EOs
- Cannot override federal law or court decisions. They must follow existing laws passed by Congress and rulings from federal courts.
- Cannot take away rights already protected by laws like the Civil Rights Act, the Americans with Disabilities Act, or other federal protections tied to grants.
- Can be challenged in court if they go beyond the president’s authority or violate constitutional rights. A judge then has the power to block or overturn that EO immediately.
- Cannot direct states or grantees to violate federal law. Agencies and grant recipients must continue to follow existing laws and regulations, even if an EO says otherwise.
In these past few weeks, navigating these EOs while still following federal law has been particularly challenging.
Potential Impacts of EOs
Even though EOs cannot take away legal protections, they can affect how government agencies operate.
- Shift Funds by redirecting federal money through federal resources or budgetary priorities, changing the availability and administration of grants across agencies such as in education, healthcare, housing, or public safety programs.
- Change Enforcement Priorities by directing federal agencies to focus on certain priorities over others, which may impact how grants are monitored or rules are enforced.
- Cause Delays by introducing new rules or requirements that may slow down federal reviews, grant disbursements, or service delivery.
Additional Resources
Other organizations have written summaries of Executive Orders that are being updated as needed:
- National Council of Nonprofits: The Impacts of the Recent Executive Orders on Nonprofits
- Coalition on Human Needs: Trump Administration Threats – Attacks on Federal Funding and EO Library
- Collier Collective: List of Presidential Actions issued by the Trump administration
- American Bar Association: Trump Executive Order Tracker
Legal Resources for Youth Homelessness Providers
The National Homelessness Law Center is available to help youth homelessness providers connect with legal resources during this time. Please reach out to Katie Scott, Youth Homelessness Director, at kmeyerscott@homelesslaw.org if you have legal questions or concerns.
Stay Engaged
Thank you to all who stood with us to advocate to Congress against these actions. We also want to thank those who have been sharing what they have been experiencing during this extremely difficult time.
To better capture the devastating impacts these EOs are having, we have created a google form to share your experiences. We use this information to better advocate on your behalf. For more information on how your story can impact our advocacy efforts, email Trinady Maddock at trinady.maddock@nn4youth.org.
Everyone deserves a home and endless possibilities to thrive. We will continue to work hard to make that happen.
