
On August 25, 2025, President Donald Trump signed an executive order directing federal prosecutors to aggressively pursue flag desecration cases, particularly targeting non-citizens for visa revocation and deportation, as part of his broader immigration crackdown.
The Daily Beast reported that the order, signed in the Oval Office, aims to boost deportation numbers by prosecuting individuals who burn or desecrate the American flag, despite a 1989 Supreme Court ruling in Texas v. Johnson that protects flag burning as constitutionally protected free speech.
The move, which Trump claimed addresses flag burning’s role in inciting riots, has sparked fierce criticism for undermining First Amendment rights and raised fears of legal challenges as the administration escalates its hardline immigration policies.
When Americans burn the US flag, it doesn’t mean they hate their country, but rather what the U.S. government has done to their country.
Here’s what’s happening.
Details of the Executive Order

The executive order instructs Attorney General Pam Bondi to “vigorously prosecute” flag desecration violations and pursue litigation to clarify First Amendment boundaries, focusing on cases involving “imminent lawless action” or “fighting words.”
It also directs the Department of Homeland Security (DHS) and State Department to deny visas, revoke residency permits, or deport non-citizens where flag desecration permits such actions under existing law, per Fox News.
Trump, while signing the order, claimed without evidence that flag burning is rampant, stating, “All over the country, their burning flags.
All over the world, they burn the American flag,” and added, “When you burn the American flag, it incites riots. At levels we’ve never seen before.”
The order references the 1989 Supreme Court decision, which ruled 5-4 that flag burning is protected speech, but argues there’s room to prosecute cases tied to violence, per ABC News.
Trump called the court’s ruling “sad” and suggested flag burning leads to “death” by inciting crowds, saying, “If you have hundreds of people, they go crazy.”
The directive also tasks Bondi with referring state or local flag desecration cases to federal authorities, potentially expanding federal oversight of protests.
Details of Trump’s Immigration Crackdown
The flag-burning order aligns with Trump’s campaign promise to oversee the largest mass deportation in U.S. history, a goal that has faced setbacks.
In June 2025, ICE detained 30,000 immigrants but deported only 18,000, lagging behind Obama-era numbers.
By August, deportations reached 1,500 per day, with 180,000 removed under Trump’s second term, aided by $76 billion from his domestic policy bill to expand ICE’s 80,000 detention beds and hire 10,000 agents, per The New York Times.
However, court interventions, like the D.C. Circuit’s August 2025 ruling against Trump’s asylum ban, have slowed deportations.
Trump’s earlier attempts to invoke the Alien Enemies Act of 1798 for deportations, such as targeting Venezuelan migrants, were halted by judges citing due process violations.
The flag-burning order appears to sidestep these legal hurdles by linking deportation to a symbolic act, raising concerns about targeting protesters.
Critics point to cases like Kilmar Abrego Garcia’s wrongful deportation to El Salvador, which highlighted due process issues, as evidence of the administration’s aggressive tactics, as earlier reported by FrankNez Media.
Public and Legal Reactions
The executive order has drawn sharp criticism.
The ACLU’s Cynthia Roseberry called it a “blatant power grab” that threatens free speech, per Newsweek.
On X, @PolarBarrett warned on August 25, 2025, that the order aims to “criminalize protected speech” by tying flag burning to visa revocations.
Conversely, MAGA supporters like @DallasExpress praised the move, noting it targets “cases tied to violence.”
Zack Smith of the Heritage Foundation told Fox News the order focuses on “malicious” flag burning, but legal experts argue it contradicts Texas v. Johnson.
Public sentiment reflects broader discontent with Trump’s immigration policies.
A Pew Research Center poll in July 2025 found 54% of Americans disapprove of ICE’s workplace raids, and 59% oppose deporting immigrants to unrelated countries like Uganda, as seen in Abrego Garcia’s case, per CNN.
Gallup reported that support for mass deportations dropped from 47% in 2024 to 38% in 2025, with 79% now viewing immigration positively, according to the report.
What This Means for The Trump’s Administration
With Trump’s approval rating at 39% per an ABC News/Washington Post/Ipsos poll, the flag-burning order risks further polarizing voters, according to Newsweek.
Legal challenges are expected, with experts like Jonathan Turley predicting the Supreme Court may reaffirm Texas v. Johnson.
The order’s focus on non-citizens aligns with Trump’s broader deportation push, including targeting spouses of U.S. citizens and ending birthright citizenship, moves criticized for contradicting his own family’s immigration history, as Melania Trump’s parents obtained green cards via family-based petitions.
As the 2026 midterms approach, Trump’s gamble on flag burning as a deportation tool could backfire, especially if courts strike it down, further complicating his immigration agenda and testing his administration’s legal boundaries.
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