Opinion | Trump Does Actually Need to Legislate - The New York Times


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Key Argument

The article contends that President Trump's administration lacks a robust legislative agenda, relying heavily on executive orders. This approach, it argues, is insufficient and risks rendering the administration ineffective.

Concerns

The author points out that Trump's seeming indifference towards Congress hindered his first term and that without a comprehensive legislative strategy, the current administration is susceptible to early stagnation. The upcoming expiration of the 2017 Tax Cuts and Jobs Act further necessitates a focused legislative effort.

Proposed Solutions

The article suggests that the administration should concentrate on developing bipartisan legislation to complement its executive orders and expand its political base.

  • Immigration policy: Legislative reforms are recommended to enhance the administration’s immigration efforts, potentially including clarifying the asylum process and improving the H-1B system.
  • Bipartisan appeal: The author promotes exploring proposals that resonate across party lines to improve chances of successful legislative action.

Consequences

Failure to pursue a compelling legislative agenda could limit the Trump administration's achievements and lead to a decline in political influence before the 2026 midterm elections.

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For all the initiatives and proposals in the relentless opening weeks of the second Trump administration, there has been little in the way of a legislative agenda. Across his expansive address to a joint session of Congress, President Trump boasted about an array of executive branch initiatives and proposals — but very little about legislation.

The limitations of this approach are becoming more visible. Mr. Trump’s seeming indifference toward Congress proved costly in his first term — and threatens to constrain his agenda once again. Without a compelling legislative agenda, the Trump administration risks an early slide into lame duck status.

The 2017 Tax Cuts and Jobs Act expires this year, and renewal will take up most of the bandwidth Congress has for at least the next several months. That leaves little time to pass other significant legislation before the 2026 midterm election campaigns begin. Democrats need to flip only a few seats to retake the House.

Although the tax bill can be passed along narrow partisan lines via reconciliation, the administration should also begin exploring proposals with some bipartisan appeal. Such legislation could expand upon, and put more resources behind, Mr. Trump’s executive orders — and it could expand his political coalition.

For instance, the administration’s immigration policies appear to have been effective at reducing illegal border crossings, and his “gold card” visa proposal suggests a desire to encourage highly skilled immigrants to come to the United States. But executive orders can easily be reversed by a future president, and they can go only so far.

While Republicans still hold both houses of Congress, the administration should push party leadership to finally match their campaign rhetoric with action on immigration. In addition to appropriating funds for border enforcement, reforms to immigration law could include clarifying the asylum process, requiring E-Verify for employers or redesigning the flawed H-1B system for skilled immigrants. If successful, such legislation would make the administration’s executive orders more effective and durable.

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