Politics
Trump says he'll undertake the 'largest deportation' in U.S. history. Can he do that?
Former President Trump has promised that, if reelected, he will kick out millions of immigrants living in the U.S. illegally.
Trump and his surrogates have offered sparse details for how he would carry out the “largest deportation operation in American history,” but have cemented the goal as a top priority. What is known: The strategy would rely on military troops, friendly state and local law enforcement, and wartime powers.
“No one’s off the table,” Tom Homan, Trump’s former head of Immigration and Customs Enforcement, said in July. “If you’re in the country illegally, you better be looking over your shoulder.”
Republican vice presidential nominee JD Vance said the administration would start by deporting immigrants who have committed crimes.
At a campaign rally earlier this month in Aurora, Colo., Trump said he would invoke the Alien Enemies Act of 1798 “to target and dismantle every migrant criminal network operating on American soil.”
The ex-president went on to say that he would send “elite squads” of federal law enforcement officers to “hunt down, arrest and deport” every migrant gang member. Those who attempt to return to the U.S. would be served with 10-year prison sentences without parole, he said, adding that any migrant who kills a U.S. citizen or law enforcement officer would face the death penalty.
How many people would Trump go after?
It’s unclear.
In May, Trump told Time magazine he would target 15 million to 20 million people who he said are living illegally in the U.S. The nonpartisan Pew Research Center estimates the actual number to be about 11 million as of 2022. More than 2 million people have entered the country illegally since then.
“Let’s start with 1 million,” Vance told ABC News in August.
During his entire presidency, from January 2017 to January 2021, Trump deported about 1.5 million immigrants, according to a Migration Policy Institute analysis of federal figures — far fewer than the 2 million to 3 million he speculated about deporting in a 2016 interview as president-elect. The Biden administration is on pace to match Trump’s deportation numbers.
What powers would Trump invoke to justify deportations?
The Alien Enemies Act of 1798 allows the president to arrest, imprison or deport immigrants from a country considered an enemy of the U.S. during wartime. Congress passed the law as part of the Alien and Sedition Acts — four laws that tightened restrictions on foreign-born Americans and limited criticism of the government, when the country was on the brink of war with France.
The law has been used three times in American history: during the War of 1812 and World War I and after the attack on Pearl Harbor during World War II.
During WWI, federal authorities placed 6,300 “enemy aliens” — many from Germany — into internment camps.
By the end of WWII, more than 31,000 people from Japan, Germany and Italy, as well as some Jewish refugees from Nazi Germany, had been interned at camps and military facilities — in addition to the more than 100,000 Japanese Americans who were forcibly relocated to the same camps and detained under different legal grounds, said Gabriel “Jack” Chin, a UC Davis professor who studies criminal and immigration law.
Chin said he isn’t convinced that Trump would make the Alien Enemies Act the cornerstone of his immigration policy because the U.S. is not in a declared war with another nation.
“It would have to rest on an argument that random immigration — that is to say immigration based on individual decisions of individual people — is the equivalent of an invasion from a nation-state,” he said. “And that would have to be based on an idea that foreigners as a group are a nation.”
Trump has also said he would deploy National Guard troops under the orders of sympathetic governors.
“If I thought things were getting out of control, I would have no problem using the military,” he told Time.
Federal law limits the involvement of military troops in civilian law enforcement.
In 2018, Trump sent 5,800 active-duty troops to the southwestern border amid the arrival of a caravan of thousands of migrants from Central America. Initially the troops performed support work such as laying razor wire as a deterrent to crossing, but later the White House expanded their authority to allow them to use force and provide crowd control to protect border agents.
Last year, President Biden sent 1,500 Army and Marine Corps troops to fill critical “capability gaps” at the border as the administration lifted the Title 42 border expulsions policy that Trump had invoked to turn away asylum seekers and other would-be immigrants as the COVID-19 pandemic raged.
Trump has promised to go further during a second term by recalling thousands of troops from overseas to be stationed at the U.S.-Mexico border. He has also explored using troops to assist with deportations and confronting civil unrest.
Is it legal?
Using the Alien Enemies Act, Trump could conduct rapid deportations without the typically required legal processes. He could also circumvent federal law to use military troops in a broader law enforcement capacity to carry out arrests and removals.
But speeding up the deportation process could come with catastrophic consequences, Chin said. Scores of U.S. citizens are already mistakenly deported.
“If the point of this was a roundup, U.S. citizens would be rounded up,” he said.
Katherine Yon Ebright, an attorney at the Brennan Center for Justice, argued in an analysis of the law that courts would likely avoid opining on the presence or absence of an invasion, or whether the perpetrator of the alleged invasion is a foreign nation or government.
“The courts’ hesitance to weigh in on these questions heightens the risk that Trump will invoke the Alien Enemies Act despite its clear inapplicability,” she wrote. But she added that “courts may strike down an invocation of the Alien Enemies Act under modern due process and equal protection law, justiciable grounds for checking abusive presidential action.”
Tom Jawetz, deputy general counsel at the Department of Homeland Security from 2021 to 2022, said courts tend to give deference to the president for executive determinations. But he said this one could be difficult to uphold.
“There could be opportunities for legal attack,” he said. “It sounds like they would be stretching it beyond its capacity, beyond what the text [of the law] would allow.”
Is it feasible?
Deporting millions of people would be expensive and logistically complex.
Former President Obama, who in 2013 oversaw the most deportations in a year when his administration kicked out 438,000 immigrants, relied on local police turning people over to federal immigration agents. Trump has said he would similarly rely on state and local law enforcement. But many state and local governments, including California, have since limited their cooperation with immigration agents.
Immigration courts are already overwhelmed, and more deportation cases would add to the backlog of 3.7 million cases. Lengthy delays in immigration court proceedings mean immigrants often wait years before their case is completed.
Among the rights afforded to immigrants is a 2001 Supreme Court ruling that prohibits them from being indefinitely detained if their country won’t accept them back. Countries including Venezuela and China have previously refused to cooperate with U.S. authorities on deportations.
How much would it cost?
It would cost at least $315 billion to deport the roughly 13 million people in the country illegally, according to an analysis by the American Immigration Council, a group that advocates for policies that welcome migrants. The deportation effort would require building hundreds of new detention facilities, as well as hiring hundreds of thousands of new immigration agents, judges and other staff.
Immigration and Customs Enforcement’s budget last year was about $9 billion. Significantly increasing its funding would require the backing of Congress — an uphill battle given current political divisions.
Jawetz said Trump could redirect funds from the Federal Emergency Management Agency and the Department of Defense, like he did for construction of the border wall, and could also reassign personnel from other agencies to perform immigration enforcement tasks.
An analysis by CBS News found that it cost an estimated average of $19,599 to deport one person over the last five fiscal years after apprehension, detention, immigration court processes and transport out of the U.S. were taken into account. The average cost of repatriation only increases as more migrants arrive from distant countries such as Cameroon and China.
How are people preparing?
Mass deportation could rip apart deeply rooted families that include citizens and noncitizens, worsen labor shortages and lead to economic upset. Discussion of mass deportation alone would also sow fear in immigrant communities, as happened during Trump’s first term.
Jawetz said advocates for migrants are beginning to consider potential legal action. During Trump’s presidency, informal Signal and WhatsApp networks emerged across the country in which advocates and community members communicated real-time responses to policy changes they were seeing on the ground.
“We would hope and expect to see much of the same this time around” if Trump wins, the former Homeland Security counsel said. “If you think about it, just the level of anxiety people [would be] living under on a day-to-day basis over a period of years is pretty extraordinary.”
Politics
House Republicans push Johnson to go to war with Senate over SAVE Act
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Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.
House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.
After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.
Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”
Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)
At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.
The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.
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Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.
Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)
The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.
It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.
Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.
HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT
“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”
Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.
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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.
Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.
Politics
Trump justifies Iran attack as Congress and others raise objections
According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.
“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.
According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.
“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.
That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.
The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.
The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.
Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.
“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.
In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.
Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.
Other Republican leaders largely backed the president.
“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.
“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.
While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.
Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.
“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”
Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.
House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.
“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.
After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.
Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.
Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”
Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.
“If you are Israel or the United States, that’s imminent,” he said.
What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.
How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.
If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.
Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”
On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.
Politics
Video: Trump’s War of Choice With Iran
new video loaded: Trump’s War of Choice With Iran
By David E. Sanger, Gilad Thaler, Thomas Vollkommer and Laura Salaberry
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