Donald Trump said Monday that he would use emergency powers and the United States military to carry out his mass deportation plan—a centerpiece of the immigration crackdown he promised in his 2024 campaign. Though he provided no additional details, it would be an extreme move, and draw immediate legal challenges from immigration groups.
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Trump declared a national emergency in his first term, during a stand-off with Congress over funding for his border wall. Though that decision was hit with an injunction, the Supreme Court—then comprised of a five-member conservative majority—sided with the Trump administration. Joe Biden ended the national emergency declaration on his first day in office, later saying it had been “unwarranted.”
A national emergency, for the purpose of a mass deportation initiative, would seem similarly unjustified—especially given the dramatic decrease in border crossings this year. But this time around, Trump may be on even friendlier legal terrain. The Supreme Court now has six conservatives, three of whom he appointed; he will likely install scores of Trump-friendly judges throughout the judicial circuit; and his allies are preemptively working to draw up anti-immigration measures that could withstand lawsuits.
Trump has promised to begin “the largest deportation program in American history” on his first day in office. “I will rescue every city and town that has been invaded and conquered,” he told supporters at a Madison Square Garden rally in October. “We will put these vicious and bloodthirsty criminals in jail, then kick them the hell out of our country as fast as possible.”
But the crackdown is expected to go beyond “bloodthirsty criminals”: Tom Homan, his incoming “border czar,” has warned that “if you’re in the country illegally, you better be looking over your shoulder.” And even those who are in the country legally have cause for concern: Stephen Miller, who will be his deputy chief of staff for policy, has supported ending birthright citizenship as well as the humanitarian parole program that has made it easier for migrants from Cuba, Nicaragua, Venezuela, and Haiti to enter the country legally. And JD Vance—who spread racist lies about Haitian immigrants in Ohio during the campaign—has suggested the Biden administration’s Temporary Protected Status for Haitians was “illegal”: “Who in this country consented to allowing millions of aliens to come into this country unchecked, unvetted?” Vance asked at a rally. “None of us did.”
Executing this dark, anti-immigration vision comes with significant logistical challenges. But, of course, that didn’t stop Trump from forging ahead on aggressive, inhumane measures—including family separations—before. Trump, more empowered than ever, could go even further in his second term.
