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Trump Asserts a Muscular Vision of Presidential Power on First Day Back

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Trump Asserts a Muscular Vision of Presidential Power on First Day Back

After President Trump left the White House in 2021, critics of his norm-breaking use of executive power implored Congress to tighten legal limits on when presidents can unilaterally reshape American government with the stroke of a pen. But lawmakers largely did not act.

On Monday, as Mr. Trump took the oath of office to begin his second term, he asserted a muscular vision of presidential power. He not only revived some of the same expansive understandings of executive authority that were left unaddressed, but went even further with new claims of sweeping and inherent constitutional clout.

Among a blizzard of executive orders, Mr. Trump instructed prosecutors not to enforce a law that bans the popular social media app TikTok until its Chinese owner sells it. President Joseph R. Biden Jr. had signed the measure into law after it passed with broad bipartisan support, and the Supreme Court unanimously upheld it.

Whatever the law’s merits, the Constitution says presidents “shall take care that the laws be faithfully executed.” Mr. Trump offered no clear explanation for how he has any legitimate power to instead suspend the law, making only a vague gesture toward his “constitutional responsibility” for national security, foreign policy “and other vital executive functions.”

Unilateral actions like emergency declarations and executive orders cannot create new legal powers for a president. Instead, they are a vehicle by which presidents exercise legal authority they already have, either because the Constitution has bestowed it upon their office or because Congress passed a law creating it.

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That said, there are often disputes about the proper interpretation of the scope and limits of executive power. It is not uncommon for a president to use an executive order to take some action whose legal legitimacy is contested, leading to court fights that ultimately come before the Supreme Court.

It is not clear that anyone opposed to suspending the TikTok law would have standing to sue. But many of Mr. Trump’s moves concerned immigration law, making it very likely that legal challenges will follow and the legitimacy of his executive power claims will land before judges.

In several orders, Mr. Trump invoked his constitutional role as the military’s commander in chief, portraying migrants as invaders while blurring the line between immigration law enforcement and war powers.

“As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do,” he said in his inaugural speech.

Among those orders, Mr. Trump declared that newly arriving migrants may not invoke a law allowing them to request asylum. As a basis, he said the Constitution gave him “inherent powers” to “prevent the physical entry of aliens involved in an invasion into the United States,” in addition to citing a few vague provisions of immigration laws.

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Another such order directed the U.S. Northern Command, which oversees military operations in continental North America, to swiftly draw up a plan for a “campaign” to seal the border “by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”

Mr. Trump and his advisers have talked about invoking the Insurrection Act to use troops as additional immigration agents at the border. But the order referred only to his constitutional power as commander in chief, raising the possibility that he is envisioning using troops for a military operation rather than to act as law enforcement.

Some of the orders were a return to fights over executive power that surfaced during Mr. Trump’s first term.

On Monday, Mr. Trump reprised a move from 2019 by declaring a national emergency at the border. He also invoked a statute that allows presidents, during an emergency, to redirect military funds for construction projects related to the exigency. His purpose, in 2019 and again now, was to spend more taxpayer money on a border wall project than lawmakers authorized.

Is there really an emergency that an extended border wall would address, and that would justify circumventing Congress’s role in deciding where to direct taxpayer money?

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A wall does not address the main border problem in recent years: the overwhelming number of migrants requesting asylum, flooding the system and leading to lengthy backlogs for hearings. And over the past seven months, illegal crossings have plunged to the lowest levels since the summer of 2020, during the early phase of the coronavirus pandemic.

But facts matter little to whether or when it is legal for presidents to invoke emergency power, declarations that are governed by the National Emergencies Act of 1976.

That law does not tightly define the circumstances under which presidents may determine that an emergency exists, leaving them with essentially unfettered discretion to unlock exigent powers for themselves. But previous presidents adhered to norms of self-restraint.

In his first term, critics challenged the legal legitimacy of Mr. Trump’s border wall spending, but the Supreme Court never resolved the dispute before Mr. Biden took office and canceled the projects. So any new legal challenge would have to start from scratch.

In the wake of Mr. Trump’s first term, House Democrats in 2021 passed a bill that would have tightened limits on presidential use of emergency powers, part of a package of reforms they called the “Protecting Our Democracy Act.” But Republicans opposed the measure as a partisan attack on a president who was no longer in office anyway, rendering it dead on arrival in the Senate.

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Mr. Trump’s absence from the presidency, however, turned out to be temporary.

In the show of force upon his return to office, he also declared a national energy emergency so that, as he said in his inaugural speech, “we will drill, baby, drill.” No president has declared that type of emergency before, and it empowers him to suspend legal protections for the environment and to speed up permits for new oil and gas projects.

The nation’s energy situation hardly seems like an emergency: The United States is producing more oil than any country ever has, in no small part because of the fracking boom and because of thousands of new permits to drill on federal lands issued by the Biden administration — outpacing Mr. Trump’s first-term record. Prices for gasoline, natural gas and electricity are relatively low compared with their historical levels.

But the order said Mr. Trump had determined that Biden administration policies had “driven our nation into a national emergency, where a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action.” He also cited a growing need for electricity to run computer servers for artificial intelligence projects.

Elizabeth Goitein, a director of the Brennan Center for Justice’s Liberty and National Security Program who has written extensively on presidential emergency power, predicted that many of Mr. Trump’s planned actions would be challenged in court.

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“Emergency powers should never be used to address longstanding problems like unlawful migration that can and should be addressed through legislation,” said Ms. Goitein, who was among those calling on Congress to curb presidential power. “The bad news is that Congress failed to enact reforms to the National Emergencies Act that would have helped prevent such abuses.”

There is no dispute that Mr. Trump had legitimate authority to take other unilateral actions. The Constitution clearly gives presidents unfettered authority to grant pardons to people for federal criminal offenses or to commute their sentences, for example, so there is little doubt Mr. Trump had the power to grant clemency to all of the nearly 1,600 people charged or convicted of crimes in connection with the Capitol riot.

But Mr. Trump appeared to put forward novel or expansive interpretations of legal authorities in other ways.

He ordered his administration to make recommendations about whether to designate certain transnational gangs and drug cartels as “foreign terrorist organizations,” stretching a law that is intended for groups that use violence for geopolitical and ideological purposes to criminal groups that, while also violent, are motivated by profit.

He also set in motion the possibility of invoking the Alien Enemies Act of 1798 to summarily expel immigrants suspected of being members of drug cartels and transnational criminal gangs without full due process hearings. That law’s text seems to require a link to the actions of a foreign government, so it is not clear whether the courts will allow Mr. Trump to invoke it to deny deportation hearings to people.

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Mr. Trump is also seeking to change the basic understanding of a provision of the Constitution’s 14th Amendment that grants citizenship to most babies born on American soil and “subject to the jurisdiction” of the U.S. government. That provision has long been understood to include infants born to undocumented parents.

In an order, Mr. Trump invoked a theory developed by conservatives who want to curtail so-called birthright citizenship because they see it as a magnet for illegal immigration. By that rationale, the provision could be interpreted to not apply to babies whose parents are not American citizens or lawful permanent residents, even though visitors or undocumented people are subject to the jurisdiction of government prosecutors if they break the law.

Mr. Trump instructed agencies to refrain from issuing citizenship-affirming documents — like passports and Social Security cards — to infants born to undocumented immigrants or to parents lawfully but temporarily visiting the United States, starting with births 30 days from now.

Hours later, critics, including a coalition of Democratic-controlled states, brought multiple court challenges against it. Mr. Trump, the coalition asserted, sought to breach “this well-established and longstanding constitutional principle by executive fiat.”

It was yet another legal claim that seemed destined to come before the Supreme Court.

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What to know about Kilmar Abrego Garcia’s release from immigration custody

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What to know about Kilmar Abrego Garcia’s release from immigration custody

BALTIMORE — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.

Abrego Garcia currently can’t be deported to his home country of El Salvador thanks to a 2019 immigration court order that found he had a “well founded fear” of danger there. However, the Trump administration has said he cannot stay in the U.S. Over the past few months, government officials have said they would deport him to Uganda, Eswatini, Ghana and, most recently, Liberia.

Abrego Garcia is fighting his deportation in federal court in Maryland, where his attorneys claim the administration is manipulating the immigration system to punish him for successfully challenging his earlier deportation.

Here’s what to know about the latest developments in the case:

Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother, who had become a U.S. citizen. In 2019, an immigration judge granted him protection from being deported back to his home country.

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While he was allowed to live and work in the U.S. under Immigration and Customs Enforcement supervision, he was not given residency status. Earlier this year, he was mistakenly deported to El Salvador, despite the earlier court ruling.

When Abrego Garcia was deported in March, he was held in a notoriously brutal Salvadoran prison despite having no criminal record.

The Trump administration initially fought efforts to bring him back to the U.S. but eventually complied after the U.S. Supreme Court weighed in. He returned to the U.S. in June, only to face an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia was held in a Tennessee jail for more than two months before he was released on Friday, Aug. 22, to await trial in Maryland under home detention.

His freedom lasted a weekend. On the following Monday, he reported to the Baltimore immigration office for a check-in and was immediately taken into immigration custody. Officials announced plans to deport him to a series of African countries, but they were blocked by an order from U.S. District Judge Paula Xinis in Maryland.

On Thursday, after months of legal filings and hearings, Xinis ruled that Abrego Garcia should be released immediately. Her ruling hinged on what was likely a procedural error by the immigration judge who heard his case in 2019.

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Normally, in a case like this, an immigration judge will first issue an order of removal. Then the judge will essentially freeze that order by issuing a “withholding of removal” order, according to Memphis immigration attorney Andrew Rankin.

In Abrego Garcia’s case, the judge granted withholding of removal to El Salvador because he found Abrego Garcia’s life could be in danger there. However, the judge never took the first step of issuing the order of removal. The government argued in Xinis’ court that the order of removal could be inferred, but the judge disagreed.

Without a final order of removal, Abrego Garcia can’t be deported, Xinis ruled.

The only way to get an order of removal is to go back to immigration court and ask for one, Rankin said. But reopening the immigration case is a gamble because Abrego Garcia’s attorneys would likely seek protection from deportation in the form of asylum or some other type of relief.

One wrinkle is that immigration courts are officially part of the executive branch, and the judges there are not generally viewed as being as independent as federal judges.

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“There might be independence in some areas, but if the administration wants a certain result, by all accounts it seems they’re going to exert the pressure on the individuals to get that result,” Rankin said. “I hope he gets a fair shake, and two lawyers make arguments — somebody wins, somebody loses — instead of giving it to an immigration judge with a 95% denial rate, where everybody in the world knows how it’s gonna go down.”

Alternatively, the government could appeal Xinis’ order to the 4th U.S. Circuit Court of Appeals and try to get her ruling overturned, Rankin said. If the appeals court agreed with the government that the final order of removal was implied, there could be no need to reopen the immigration case.

In compliance with Xinis’ order, Abrego Garcia was released from immigration detention in Pennsylvania on Thursday evening and allowed to return home for the first time in months. However, he was also told to report to an immigration officer in Baltimore early the next morning.

Fearing that he would be detained again, his attorneys asked Xinis for a temporary restraining order. Xinis filed that order early Friday morning. It prohibits immigration officials from taking Abrego Garcia back into custody, at least for the time being. A hearing on the issue could happen as early as next week.

Meanwhile, in Tennessee, Abrego Garcia has pleaded not guilty in the criminal case where he is charged with human smuggling and conspiracy to commit human smuggling.

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Prosecutors claim he accepted money to transport, within the United States, people who were in the country illegally. The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.

Abrego Garcia has asked U.S. District Court Judge Waverly Crenshaw to dismiss the smuggling charges on the grounds of “selective or vindictive prosecution.”

Crenshaw earlier found “some evidence that the prosecution against him may be vindictive” and said many statements by Trump administration officials “raise cause for concern.” Crenshaw specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News Channel program that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.

The two sides have been sparring over whether senior Justice Department officials, including Blanche, can be required to testify in the case.

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Afghan CIA fighters face stark reality in the U.S. : Consider This from NPR

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Afghan CIA fighters face stark reality in the U.S. : Consider This from NPR

A makeshift memorial stands outside the Farragut West Metro station on December 01, 2025 in Washington, DC. Two West Virginia National Guard troops were shot blocks from the White House on November 26.

Heather Diehl/Getty Images


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Heather Diehl/Getty Images

They survived some of the Afghanistan War’s most grueling and treacherous missions. 

But once they evacuated to the U.S., many Afghan fighters who served in “Zero Units” found themselves spiraling. 

Among their ranks was Rahmanullah Lakanwal, the man charged with killing one National Guard member and seriously injuring a second after opening fire on them in Washington, D.C. on Thanksgiving Eve.

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NPR’s Brian Mann spoke to people involved in Zero Units and learned some have struggled with mental health since coming to the U.S. At least four soldiers have died by suicide. 

For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org. Email us at considerthis@npr.org.

This episode was produced by Erika Ryan and Karen Zamora. It was edited by Alina Hartounian and Courtney Dorning.

Our executive producer is Sami Yenigun.

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Video: Behind the Supreme Court’s Push to Expand Presidential Power

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Video: Behind the Supreme Court’s Push to Expand Presidential Power

new video loaded: Behind the Supreme Court’s Push to Expand Presidential Power

For more than a decade, the Supreme Court’s conservative majority has chipped away at Congress’s power to insulate independent agencies from politics. Now, the court has signaled its willingness to expand presidential power once again.

By Ann E. Marimow, Claire Hogan, Stephanie Swart and Pierre Kattar

December 12, 2025

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