Executive Actions — Week of Jun 23, 2025

Three government actions from this past week raise questions about the balance of power between the executive branch and Congress.

First, President Trump signed an executive order directing the Justice Department not to enforce a law Congress passed banning TikTok unless its Chinese parent company divests. The order goes further than simply delaying enforcement — it grants retroactive immunity for all violations going back to January 2025, and it claims that any attempt by states or private parties to enforce the law would be an intrusion on presidential power. This might matter because the Constitution gives Congress the power to pass laws and expects the president to enforce them; when the executive branch unilaterally suspends a statute and blocks anyone else from enforcing it, this could affect the basic legislative authority of Congress, which exists to ensure that elected representatives — not just the president — set national policy. Supporters note that presidents have broad discretion over enforcement priorities, especially in national security matters, and that the order may serve as a temporary measure while a longer-term legislative or diplomatic resolution is pursued.

Second, four Members of Congress say they were turned away from an ICE facility in Broadview, Illinois, where immigrants were reportedly being detained. Federal law gives lawmakers the right to visit any DHS facility used for detention without advance notice. DHS subsequently issued written guidance requiring 72-hour notice and claiming the facility was not a detention center. The most likely alternative explanation is that ICE facilities may have legitimate security protocols that complicate unannounced visits, or that the facility's classification under DHS rules may be genuinely disputed. However, the statute specifically grants unannounced access based on whether people are being held there, not what the building is called.

Third, the Office of Personnel Management finalized a rule removing protections for federal employees during their probationary period. Previously, new employees gained job protections automatically after completing probation. Now, their agency must actively certify their continued employment. Supporters argue this fulfills Congress's original intent that probation be a meaningful evaluation period and could improve efficiency and accountability in federal hiring. Critics worry it could make new federal employees more vulnerable to politically motivated firings, especially during a period of significant workforce reductions.

Limitations: This analysis is based on a small number of flagged documents out of 62 published this week and represents AI-assisted assessment, not a finding of fact. Implementation details and legal outcomes remain uncertain.