Immediately upon assuming office, President Trump initiated a series of stringent measures to curb illegal border crossings and commence the deportation of unauthorized immigrants residing in the U.S. These policy shifts, anticipated early in his second term, followed a campaign pledge to undertake the largest deportation effort in the nation’s history.
On Monday, Trump declared a national emergency at the border, enabling the allocation of military funds for expanded border wall construction, enhanced border security operations, and the deployment of troops to the Southern Border to counter what he termed a “disastrous invasion.”
“As Commander in Chief, my paramount duty is defending our nation from threats and invasions, and that is precisely what I intend to do,” Trump stated.
Trump also announced the reinstatement of the “Remain in Mexico” policy, requiring asylum seekers to await adjudication outside the U.S., contingent on Mexican government cooperation. He further pledged to designate certain drug cartels as “foreign terrorist organizations” and utilize the 1798 Alien Enemies Act to pressure state and local law enforcement to assist in the arrest and deportation of undocumented immigrants. He is also poised to renew his effort to revoke birthright citizenship, currently protected under the 14th Amendment.
The effects of Trump’s inauguration on the border were immediate. Following his swearing-in, asylum appointments at border crossings in Mexico were cancelled by Customs and Border Protection, with asylum seekers receiving notification that the CBP One app-based appointment system was terminated. The Biden administration had implemented this program to streamline asylum applications and deter irregular border crossings.
Many of Trump’s actions will likely face legal challenges, mirroring events during his first term. When Trump declared a similar national emergency in 2019 to fund border wall construction using military funds, courts blocked the measure, citing the requirement that military construction projects support military deployments.
Elizabeth Goitein, senior director of the Brennan Center’s Liberty and National Security Program, argues that Trump’s use of emergency powers is excessive, particularly given the recent decline in unlawful border crossings. “This constitutes an abuse of emergency powers for the same reasons as before,” Goitein stated, “Emergency powers are not designed to address long-standing issues within Congress’s purview.”
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