Executive Orders by President Donald J. Trump

The Gold Card

Summary

The "Gold Card" executive order establishes a visa program overseen by the Secretary of Commerce to expedite the entry of aliens who make a significant financial gift to the United States. Individuals donating on their own behalf must gift $1 million, while corporations donating on behalf of an individual must gift $2 million. These funds will be deposited in a separate fund in the Department of the Treasury and used to promote commerce and American industry.

The order directs the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Homeland Security, to implement the program within 90 days. It also outlines processes for application, adjudication, visa issuance, and adjustment of status, as well as administrative fees and transfer fees.

The stated purpose of the order is to realign Federal immigration policy with the Nation’s interests by prioritizing the admission of aliens who will affirmatively benefit the Nation.

Expected Effects

The order will likely result in an influx of wealthy immigrants who can afford the required donation. This could lead to increased investment in American businesses and industries. It may also change the demographic profile of immigrants entering the country.

However, it could also be perceived as creating a two-tiered immigration system, where wealth becomes a significant factor in determining eligibility. This could raise concerns about fairness and equity in immigration policy.

Potential Benefits

  • Increased investment in American commerce and industry.
  • Attraction of successful entrepreneurs, investors, and businesspeople.
  • Potential for job creation and economic growth.
  • Streamlined immigration process for high-net-worth individuals.
  • Funds directed towards promoting American industry.

Potential Disadvantages

  • Potential for inequitable immigration system favoring the wealthy.
  • Risk of devaluing other immigration pathways.
  • Possible perception of "selling" citizenship or residency.
  • Concerns about the influence of wealthy donors on immigration policy.
  • Potential for abuse or exploitation of the program.

Constitutional Alignment

The executive order's constitutional alignment is complex. The President has broad authority over immigration under Article II of the Constitution, particularly regarding foreign affairs. However, Congress also has significant power over immigration through its legislative authority.

The order's prioritization of certain immigrants based on wealth could raise concerns under the Equal Protection Clause of the Fourteenth Amendment, although immigration laws are generally subject to more deferential review. The use of funds for promoting commerce aligns with the general welfare clause of Article I, Section 8.

Ultimately, the order's constitutionality would likely depend on whether it is viewed as a reasonable exercise of executive power over immigration, or as an overreach that infringes on Congress's legislative authority or violates constitutional principles of equal protection.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).