Politics
Inside Trump’s Search for a Health Threat to Justify His Immigration Crackdown
President-elect Donald J. Trump is likely to justify his plans to seal off the border with Mexico by citing a public health emergency from immigrants bringing disease into the United States.
Now he just has to find one.
Mr. Trump last invoked public health restrictions, known as Title 42, in the early days of the pandemic in 2020, when the coronavirus was tearing across the globe. As he prepares to enter office again, Mr. Trump has no such public health disaster to point to.
Still, his advisers have spent recent months trying to find the right disease to build their case, according to four people familiar with the discussions. They have looked at tuberculosis and other respiratory diseases as options and have asked allies inside the Border Patrol for examples of illnesses that are being detected among migrants.
They also have considered trying to rationalize Title 42 by arguing broadly that migrants at the border come from various countries and may carry unfamiliar disease — an assertion that echoes a racist notion with a long history in the United States that minorities transmit infections. Mr. Trump’s team did not respond to a request for comment.
The plan to invoke the border restrictions based on sporadic cases of illness or even a vague fear of illness — rather than a major disease outbreak or pandemic — would amount to a radical use of the public health measure in pursuit of an immigration crackdown. Even when the coronavirus was spreading, the use of the health authority to turn away migrants prompted scrutiny from the courts and public health officials.
But Mr. Trump’s immigration advisers, led by Stephen Miller, his pick to be deputy chief of staff, believe they are entering a political environment that will welcome more aggressive border enforcement, particularly after some Democrats embraced using restrictions like Title 42, according to people familiar with the planning. President Biden used it to turn away thousands of migrants before eventually deciding to lift it, well after his public health advisers said the restrictions were no longer useful for the purpose of stopping the spread of disease.
Title 42, which is part of the Public Service Act of 1944, grants power to health authorities to block people from entering the United States when it is necessary to avert a “serious danger” posed by the presence of a communicable disease in foreign countries.
Mr. Miller has long considered Title 42 a key tool for his goal of shuttering the border to migration. He has essentially been on a yearslong quest to find enough examples of diseases among migrants to justify the use of the law.
Even before the spread of the coronavirus, Mr. Miller asked aides to keep tabs on American communities that welcomed migrants to see if diseases broke out there. He seized on an outbreak of mumps in immigration detention facilities in 2019 to push for using the public health law to seal the border. He was talked down in most of the cases by cabinet secretaries and lawyers — until the advent of the coronavirus.
The Centers for Disease Control and Prevention, not the White House, is responsible for assessing whether the public health rule is necessary at the border. And even when the pandemic spread throughout the United States, C.D.C. officials pushed back on the Trump White House’s position that turning away migrants was an effective way to prevent the spread of diseases.
Martin Cetron, the director of the agency’s Division of Global Migration and Quarantine, told a House committee that the implementation of the border restrictions “came from outside the C.D.C. subject matter experts” and was “handed to us” by the White House.
When Mr. Biden came into office, he initially kept the public health rule in place at the border, even when C.D.C. officials told his top aides there was no clear public health rationale for keeping the border shut to asylum seekers. Both the Biden and Trump administrations argued the rule was needed to prevent the spread of diseases in detention facilities at the border. But Mr. Biden’s top White House aides were privately concerned that lifting the rule would lead to a surge in migration.
During his second stint in the White House, Mr. Trump’s team will focus on avoiding such pushback. He is intent on installing loyalists throughout his administration who are unlikely to try to stop his more aggressive proposals.
In an interview with The New York Times in 2023, Mr. Miller sounded confident that the public would be accepting of Mr. Trump’s invoking Title 42. He said the new administration intended to use the law, citing “severe strains of the flu, tuberculosis, scabies, other respiratory illnesses like R.S.V. and so on, or just a general issue of mass migration being a public health threat and conveying a variety of communicable diseases.”
Mr. Trump’s attempt to deter migration based on public health, even without a clear disease to justify its use, is just one expected piece of a flurry of Day 1 executive actions that his team is developing to crack down on immigration.
Mr. Trump’s advisers have also discussed declaring a national emergency to free up Department of Defense funds and move military personnel, aircraft and other resources to the border. They also want to revive a policy that forced migrants to wait in Mexico, rather than the United States, until their immigration court date — although they would need Mexico to agree to such a deal.
Mr. Trump’s immigration advisers received a briefing on such border restrictions — as well as the use of the public health emergency restrictions — during a recent meeting with homeland security officials as a part of the transition between administrations, according to a person familiar with the matter. After exiting a meeting with Senate Republicans on Wednesday evening, Mr. Trump said he would close the border on his first day in office.
Some immigration experts have questioned how effective the public health rule was in driving down border crossings.
From the time Title 42 was enacted in 2020 until it was lifted in 2023, border officials expelled people more than 2.5 million times. Biden administration officials have publicly argued that the use of Title 42 at the southern border drove an increase in migrants attempting to cross the border multiple times, a practice known as recidivism.
Blas Nuñez-Neto, a White House official, said that in that way, Title 42 “may have” actually led to an increase in border crossings that the administration struggled to handle.
The current state at the border has been particularly calm, especially when compared to the numbers seen a year ago. Border agents made more than 47,000 arrests in December, according to a senior U.S. Customs and Border Protection official, a major drop from the previous year when nearly 250,000 such arrests were made.
Biden officials put into place a measure banning asylum for those who crossed the southern border starting this summer. It can only be lifted if crossing numbers drop to a certain threshold for several weeks, something that still has yet to happen.
Maggie Haberman and Jonathan Swan contributed reporting.
Politics
Federal judge blocks Trump administration from enforcing mail-in voting rules in executive order
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A federal judge in Washington state on Friday blocked the Trump administration from enforcing key parts of an executive order that sought to change how states administer federal elections, ruling the president lacked authority to apply those provisions to Washington and Oregon.
U.S. District Judge John Chun held that several provisions of Executive Order 14248 violated the separation of powers and exceeded the president’s authority.
“As stated by the Supreme Court, although the Constitution vests the executive power in the President, ‘[i]n the framework of our Constitution, the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker,’” Chun wrote in his 75-page ruling.
FEDERAL APPEALS COURT RULES AGAINST TRUMP’S BIRTHRIGHT CITIZENSHIP EXECUTIVE ORDER
Residents drop mail-in ballots in an official ballot box outside the Tippecanoe branch library on Oct. 20, 2020 in Milwaukee, Wisconsin. (Scott Olson/Getty Images)
White House spokeswoman Abigail Jackson told Fox News Digital in a statement: “President Trump cares deeply about the integrity of our elections and his executive order takes lawful actions to ensure election security. This is not the final say on the matter and the Administration expects ultimate victory on the issue.”
Washington and Oregon filed a lawsuit in April contending the executive order signed by President Donald Trump in March violated the Constitution by attempting to set rules for how states conduct elections, including ballot counting, voter registration and voting equipment.
DOJ TARGETS NONCITIZENS ON VOTER ROLLS AS PART OF TRUMP ELECTION INTEGRITY PUSH
“Today’s ruling is a huge victory for voters in Washington and Oregon, and for the rule of law,” Washington Attorney General Nick Brown said in response to the Jan. 9 ruling, according to The Associated Press. “The court enforced the long-standing constitutional rule that only States and Congress can regulate elections, not the Election Denier-in-Chief.”
President Donald Trump speaks during a breakfast with Senate and House Republicans at the White House, Nov. 5, 2025. (AP Photo/Evan Vucci)
Executive Order 14248 directed federal agencies to require documentary proof of citizenship on federal voter registration forms and sought to require that absentee and mail-in ballots be received by Election Day in order to be counted.
The order also instructed the attorney general to take enforcement action against states that include such ballots in their final vote tallies if they arrive after that deadline.
“We oppose requirements that suppress eligible voters and will continue to advocate for inclusive and equitable access to registration while protecting the integrity of the process. The U.S. Constitution guarantees that all qualified voters have a constitutionally protected right to vote and to have their votes counted,” said Washington Secretary of State Steve Hobbs in a statement issued when the lawsuit was filed last year.
Voting booths are pictured on Election Day. (Paul Richards/AFP via Getty Images)
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“We will work with the Washington Attorney General’s Office to defend our constitutional authority and ensure Washington’s elections remain secure, fair, and accessible,” Hobbs added.
Chun noted in his ruling that Washington and Oregon do not certify election results on Election Day, a practice shared by every U.S. state and territory, which allows them to count mail-in ballots received after Election Day as long as the ballots were postmarked on or before that day and arrived before certification under state law.
Politics
Deadly ICE shooting in Minnesota, affordability stir up California gubernatorial forums
Just days after the fatal shooting of a Minnesota woman by a federal immigration agent, the Trump administration’s immigration policy was a top focus of California gubernatorial candidates at two forums Saturday in Southern California.
The death of Renee Nicole Good, a 37-year-old mother of three, inflamed the nation’s deep political divide and led to widespread protests in Los Angeles and across the country about President Trump’s combative immigration policies.
Former Assembly Majority Leader Ian Calderon, speaking at a labor forum featuring Democratic candidates in Los Angeles, said that federal agents aren’t above the law.
“You come into our state and you break one of our f— … laws, you’re going to be criminally charged. That’s it,” he said.
Federal officials said the deadly shooting was an act of self-defense.
Rep. Eric Swalwell (D-Dublin) noted that the president of the labor union that organized the candidate forum, David Huerta, was injured and arrested during the Trump administration’s raids on undocumented people in Los Angeles in June.
“Ms. Good should be alive today. David, that could have been you, the way they’re conducting themselves,” he said to Huerta, who was moderating the event. “You’re now lucky if all they did was drag you by the hair or throw you in an unmarked van, or deport a 6-year-old U.S. citizen battling stage 4 cancer.”
Roughly 40 miles south at a separate candidate forum featuring the top two Republicans in the race, GOP candidate and Riverside County Sheriff Chad Bianco said politicians who support so-called “sanctuary state” policies should be voted out of office.
“I wish it was the 1960s, ‘70s, and ‘80s — we’d take them behind the shed and beat the s— out of them,” he said.
“We’re in a church!” an audience member was heard yelling during a livestream of the event.
California Democratic leaders in 2017 passed a landmark “sanctuary state” law that limits cooperation between local and federal immigration officers, a policy that was a reaction to the first Trump administration’s efforts to ramp up deportations.
After the campaign to replace termed-out Gov. Gavin Newsom was largely obscured last year by natural disasters, immigration raids and the special election to redraw California’s congressional districts, the 2026 governor’s race is now in the spotlight.
Eight Democratic candidates appeared at a forum sponsored by SEIU United Service Workers West, which represents more than 45,000 janitors, security officers, airport service employees and other workers in California.
Many of the union’s members are immigrants, and a number of the candidates referred to their familial roots as they addressed the audience of about 250 people — with an additional 8,000 watching online.
“As the son of immigrants, thank you for everything you did for your children, your grandchildren, to give them that chance,” former U.S. Health and Human Services Secretary Xavier Becerra told two airport workers who asked the candidates questions about cuts to state services for immigrants.
“I will make sure you have the right to access the doctor you and your family need. I will make sure you have a right to have a home that will keep you safe and off the streets. I will make sure that I treat you the way I would treat my parents, because you worked hard the way they did.”
The Democrats broadly agreed on most of the pressing issues facing California, so they tried to differentiate themselves based on their records and their priorities.
Candidates for California’s next governor including Tony Thurmond, speaking at left, participate in the 2026 Gubernatorial Candidate Forum in Los Angeles on Saturday.
(Christina House/Los Angeles Times)
“I firmly believe that your campaign says something about who you will be when you lead. The fact that I don’t take corporate contributions is a point of pride for me, but it’s also my chance to tell you something about who I am and who I will fight for,” said former Rep. Katie Porter.
“Look, we’ve had celebrity governors. We’ve had governors who are kids of other governors, and we’ve had governors who look hot with slicked back hair and barn jackets. You know what? We haven’t had a governor in a skirt. I think it’s just about … time.”
Former Los Angeles Mayor Antonio Villaraigosa, seated next to Porter, deadpanned, “If you vote for me, I’ll wear a skirt, I promise.”
Villaraigosa frequently spoke about his roots in the labor movement, including a farmworker boycott when he was 15 years old.
“I’ve been fighting for immigrants my entire life. I have fought for you the entire time I’ve been in public life,” he said. “I know [you] are doing the work, working in our buildings, working at the airport, working at the stadiums. I’ve talked to you. I’ve worked with you. I’ve fought for you my entire life. I’m not a Johnny-come-lately to this unit.”
The candidates were not asked about a proposed ballot measure to tax the assets of billionaires that one of SEIU-USWW’s sister unions is trying to put on the November ballot. The controversial proposal has divided Democrats and prompted some of the state’s wealthiest residents to move out of the state, or at least threaten to do so.
But several of the candidates talked about closing tax loopholes and making sure the wealthy and businesses pay their fair share of taxes.
“We’re going to hold corporations and billionaires accountable. We’re going to be sure that we are returning power to the workers who know how to grow this economy,” said former state Controller Betty Yee.
State Supt. of Public Instruction Tony Thurmond highlighted his proposal to tax billionaires to fund affordable housing, healthcare and education.
“And then I’m going to give you, everyone in this room and California working people, a tax credit so you have more money in your pocket, a couple hundred dollars a month, every month, for the rising cost of gas and groceries,” he said.
Billionaire hedge fund founder Tom Steyer said closing corporate tax loopholes would result in $15 billion to $20 billion in new annual state revenue that he would spend on education and healthcare programs.
“When we look at where we’re going, it’s not about caring, because everyone on this stage cares. It’s not about values. It’s about results,” he said, pointing to his backing of successful ballot measures to close a corporate tax loophole, raise tobacco taxes, and stop oil-industry-backed efforts to roll back environmental law.
“I have beaten these special interests, every single time with the SEIU,” he said. “We’ve done it. We’ve been winning. We need to keep fighting together. We need to keep winning together.”
Republican gubernatorial candidates were not invited to the labor gathering. But two of the state’s top GOP contenders were among the five candidates who appeared Saturday afternoon at a “Patriots for Freedom” gubernatorial forum at Calvary Chapel WestGrove in Orange County. Immigration, federal enforcement and homelessness were also among the hot topics there.
Days after Bianco met with unhoused people on Skid Row in downtown Los Angeles and Newsom touted a 9% decrease in the number of unsheltered homeless people during his final state of the state address, Bianco said that he would make it a “crime” for anyone to utter the word “homeless,” arguing that those on the street are suffering from drug- and alcohol-induced psychosis, not a lack of shelter.
Former Fox News commentator Steve Hilton criticized the “attacks on our law enforcement offices, on our ICE agents who are doing their job protecting our country.”
“We are sick of it,” he said at the Garden Grove church while he also questioned the state’s decision to spend billions of dollars for healthcare for low-income undocumented individuals. State Democrats voted last year to halt the enrollment of additional undocumented adults in the state’s Medi-Cal program starting this year.
Politics
Video: Protests Against ICE in Minneapolis Continue Into Friday Night
new video loaded: Protests Against ICE in Minneapolis Continue Into Friday Night
transcript
transcript
Protests Against ICE in Minneapolis Continue Into Friday Night
Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”
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The vast majority of people have done this right. We are so deeply appreciative of them. But we have seen a few incidents last night. Those incidents are being reviewed, but we wanted to again give the overarching theme of what we’re seeing, which is peaceful protest. And we wanted to say when that doesn’t happen, of course, there are consequences. We are a safe city. We will not counter Donald Trump’s chaos with our own brand of chaos here. We in Minneapolis are going to do this right.
By McKinnon de Kuyper
January 10, 2026
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