With the issue of undocumented immigrants being a major focus during his campaign, Donald Trump pledged to launch the largest deportation operation of undocumented immigrants in U.S. history. The incoming Trump administration is preparing to make radical changes regarding immigration matters.
Trump’s Plan
The newly elected president’s strategy for dealing with immigration can be outlined as follows:
Appointing Officials to Implement Trump’s Immigration Plans:
The president-elect has chosen Thomas Homan to oversee U.S. border security in his second administration. Trump referred to Homan as the “Border Czar” due to his hardline stance on immigration. This appointment reflects Trump’s seriousness about executing his strict immigration policies. Homan has a stringent vision focused on deporting criminals who threaten national security and is a strong advocate for separating children from their parents as a deterrent to illegal entry and a means to combat human trafficking. He emphasizes the necessity of increasing arrests to address the U.S. immigration crisis. Additionally, Stephen Miller has been appointed as Deputy Chief of Staff. This is a significant step in Trump’s efforts to implement strict policies on undocumented immigrants, as Miller served as a senior advisor during Trump’s first term and was known for drafting key speeches. He has been instrumental in formulating many controversial measures, including travel bans on several predominantly Muslim countries and policies separating unregistered migrant children from their parents. He implied he would take unprecedented steps to tackle the immigration crisis, such as deploying National Guard troops from Republican states to non-compliant Democratic states and suggesting the creation of large detention facilities. Trump’s choices of Homan and Miller in his second administration aim to appoint close allies who support his policies, facilitating the implementation of the changes he seeks. During his first term, bureaucracy often obstructed his ambitious plans, prompting him to select officials who would streamline policy execution in his second term.
Trump’s Intention to Declare a National Emergency:
The president-elect plans to declare a national emergency and utilize military resources as a means to facilitate the deportations promised during his campaign. Trump has been a strong supporter of calls to implement a national emergency strategy as part of mass deportation policies. This action is expected to be taken immediately upon his inauguration, similar to his first term when he declared a national emergency to use Pentagon funds for building a border wall with Mexico.
Using the U.S. Military for Deportation Operations:
The president-elect has asserted he will employ the U.S. military for deportation efforts on his first day in office, acknowledging that the number of immigrants exceeds 11 million in the U.S. He recognizes that deporting them requires a substantial number of U.S. soldiers for this challenging task and pledged throughout his campaign to mobilize the National Guard to assist with deportation efforts. This measure signifies a major shift since the military typically does not engage in local law enforcement issues.
Activating Trump’s Foreign Enemy Law:
The president-elect seeks to activate the Foreign Enemy Law to facilitate the deportation of undocumented immigrants, allowing the president to detain and deport non-citizens from hostile nations to protect U.S. national security. This law, established in 1798 by former President John Adams, is applicable during wartime or invasion scenarios and has been invoked three times in U.S. history, all linked to military conflict, the last instance being in 1942 during World War II to detain immigrants from Japan, Germany, and Italy.
Plans to Build Large Detention Camps:
The president-elect has committed to constructing large camps, addressing a significant obstacle for the Immigration and Customs Enforcement (ICE)—the lack of adequate space for detaining more individuals. This initiative aims to streamline the deportation process, alongside plans to hire thousands of border officers and direct military spending toward border security.
Imposing Tariffs on Mexican Exports:
The president-elect has threatened to impose high tariffs on Mexican exports to the U.S. if Mexico fails to reduce the flow of migrants and drug trafficking into the United States. He has also threatened to close the U.S.-Mexico border and vowed to complete the wall halted by Biden, while considering reinstating the “Remain in Mexico” policy from his first term, which required asylum seekers to wait in Mexico while their cases were processed.
Aiming to Revoke Biden’s Asylum Programs:
This step reflects Trump’s intent to reassert control over the borders with Latin American countries, as border crossings recorded record numbers during Biden’s first three years in office after he lifted restrictions imposed during the COVID pandemic. Trump plans to end Biden’s programs that contributed to the rise in the number of refugees in the U.S.
Legality of the Measures
The actions President-elect Trump plans to undertake upon assuming office to deal with undocumented immigrants are contentious; some align with U.S. law and the Constitution, while others do not. Key points include:
Legality of Declaring a National Emergency: The proposed action of declaring a national emergency to facilitate deportations aligns with the broad authority Congress grants U.S. presidents to declare emergencies at their discretion, enabling them to wield exceptional powers, including reallocating funds designated for other projects, as Trump did during his first term.
Dilemma of Using the Military Against Citizens: Utilizing the U.S. military in deportation operations is entirely illegal and leads to legal complications, as it would divert the military from its primary mission. Military forces cannot be used against civilians, even if they are undocumented; the Constitution guarantees them this right, and specific laws prohibit using military forces against citizens regardless of their immigration status.
Unconstitutionality of Activating the Foreign Enemy Law: The president-elect’s push to activate the Foreign Enemy Law is deemed unconstitutional, as its applicability requires the U.S. to be in a state of war or invasion. Utilizing this law without these conditions could face legal challenges. However, the president-elect may attempt to bypass this obstacle by arguing that the influx of migrants constitutes an invasion by criminal smuggling networks.
Illegality of Creating Migrant Detention Camps: The plan to facilitate ICE in detaining undocumented immigrants by establishing detention camps is illegal. Human rights organizations, including the American Civil Liberties Union and the National Immigrant Justice Center, are preparing to mobilize resources to challenge the potential policies Trump may implement upon entering the White House.
In conclusion, the plans of the president-elect Donald Trump to deport undocumented immigrants pose a direct threat to various sectors, such as agriculture, construction, pharmaceuticals, and others that heavily rely on immigrant labor. Additionally, these measures are practically challenging to execute and require substantial time; carrying out deportations necessitates a considerable manpower and extensive legal procedures.
