Prior to the expected signing this week of President Donald Trump's new executive order on immigration, Department of Homeland Security Secretary John Kelly signed two memos that called for the hiring of thousands of immigration enforcement officers and the fast-tracking of deportations.

If the memos are approved by Trump, federal authorities would have more power to aggressively detain and deport illegal immigrants inside the country and along U.S. borders.

"What came out over the weekend over Secretary Kelly's signature is not any change in the law; it's just enforcing the law, and he laid out exactly what he wants the thousands of people that work for him in the Department of Homeland Security to do," said Fox News senior judicial analyst Judge Andrew Napolitano Tuesday on "Fox & Friends."

The judge also discussed what needs to be included in the new executive order on immigration for it to hold up in the courts.


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"Instead of appealing what the 9th Circuit did, he's gonna [sic] rip up the old order," Napolitano said. "I think that's a great thing to do. That stops the 48 lawsuits against him. That nullifies the 9th Circuit's opinion."

The judge said the White House must be prepared to provide rationale behind why the seven Muslim-majority countries mentioned in the first order were chosen, even if that means disclosing classified information -- which he said could be done if disclosed directly and only to the judges.

Napolitano presented a scenario in which immigration officials are likely unsure of exactly where potential lone-wolf terrorists are coming from, since they typically carry multiple passports. Therefore, the judge said, a temporary ban from all seven countries would be necessary until those people can be properly vetted.

"That would be a perfectly valid, absolutely lawful, utterly rational basis for the president to do what he did," Napolitano said.

Watch the full interview above, and stay tuned for the latest developments on the president's expected new executive order on immigration.


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