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Trump says he'll undertake the 'largest deportation' in U.S. history. Can he do that?

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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.

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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.

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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.

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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.

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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.

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.

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“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.”

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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.

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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.

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“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.”

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Politics

Former Dem House candidate released ad explaining decision to switch to GOP

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Former Dem House candidate released ad explaining decision to switch to GOP

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Louisiana House candidate Elbert Guillory released an advertisement explaining his decision to switch from the Democratic to the Republican Party, arguing it is the GOP that has the history of championing the rights of the Black community.

“It was the right decision, not only for me, but for all my brothers and sisters in the Black community,” Guillory said in the ad, explaining his decision. “The Democratic Party has created the illusion that their agenda and their policies are what’s best for Black people. Somehow, it’s been forgotten that the Republican Party was founded in 1842 as an abolitionist movement.” 

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The ad comes just over a week before Guillory faces off with four other candidates in Louisiana’s primary election, with Guillory being the only Republican candidate in the field.

TRADITIONALLY DEM LEADERS IN KEY MICHIGAN VOTING BLOC DITCH HARRIS, ENDORSE TRUMP

Former Louisiana state Sen. Elbert Guillory is running for Congress. (Screen grab)

Louisiana uses a majority-vote system, with all candidates, regardless of party, competing in the same election. If a candidate is able to get over 50% of the vote, that candidate wins the election outright. If no candidate is able to achieve the 50% mark, the two top candidates will then compete in a runoff election the following month.

Guillory served in the Louisiana House from 2007 to 2009 and the state Senate from 2009 to 2016. He switched his party affiliation from Democrat to Republican during his time in the state Senate in 2013.

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In his new ad, Guillory explained the decision as a simple one, arguing that Democrats have done little to actually help the Black community.

“The Democrats, on the other hand, were the party of Jim Crow. It was Democrats who defended the rights of slave owners,” Guillory said. “It was the Republican President Dwight Eisenhower who championed the Civil Rights Act of 1957, but it was the Democrats in the Senate who filibustered the bill.”

Dwight D. Eisenhower poses for a portrait in his cap and gown before his Inauguration to become President of Columbia University

Dwight D. Eisenhower poses for a portrait before his inauguration to become president of Columbia University on June 1, 1948, in New York City. (Irving Haberman/IH Images/Getty Images)

FOX NEWS POWER RANKINGS: VOTER OUTREACH, BALLOT EFFICIENCY AND A LITTLE HOUSEKEEPING

Guillory is making the pitch to voters in a district that is now much more competitive for Democrats after the state’s maps were redrawn in 2022, with the Cook Political Report rating the race as “Solid Democratic” as of Oct. 22.

Nevertheless, Guillory is standing behind his decision to switch parties.

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“At the heart of liberalism is the idea that only a great and powerful big government can be the benefactor of social justice for all Americans,” he said in the ad. “But the left is only concerned with one thing, control, and they disguise this control as charity programs such as welfare, food stamps.”

A person walks past Montgomery Countys voter services van in King of Prussia, Pa., Tuesday, Oct. 22, 2024. (AP Photo/Matt Rourke)

Voter services van in King of Prussia, Pennsylvania, Tuesday, Oct. 22, 2024. (AP Photo/Matt Rourke)

“These programs aren’t designed to lift Americans out of poverty,” he continued, “They were always intended as a mechanism for politicians to control the Black community. The idea that Blacks, or anyone for that matter, need the government to get ahead in life is despicable.”

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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Trump holding a homecoming rally at Madison Square Garden

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Trump holding a homecoming rally at Madison Square Garden

Days before the November election, when presidential candidates typically barnstorm battleground states to turn out every last one of their supporters, former President Trump will headline a rally at Madison Square Garden in New York on Sunday.

The event is being held at a storied Manhattan arena that hosted the “Fight of the Century” between Muhammad Ali and Joe Frazier in 1971, visits from two popes, multiple national political conventions and countless major musical and sports events. It was also the site where Marilyn Monroe infamously sang “Happy Birthday” to President Kennedy.

It’s the type of venue that would appeal to Trump, a New York City native who reveled in his reputation as the consummate Big Apple billionaire businessman and sought-after bachelor, long before he ran for office.

The rally at the Garden represents a bookend to the start of his improbable presidential campaign in 2015. After descending down a gold escalator at Trump Tower, the site of his family’s penthouse that was their primary residence until 2019, Trump announced his White House bid. Trump’s campaign is billing the appearance as a marquee event in the closing days of the campaign.

Describing the rally as “historic,” Trump’s campaign said it will feature celebrities, elected officials and the former president’s friends and family.

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“This epic event, in the heart of President Trump’s home city, will be a showcase of the historic political movement that President Trump has built in the final days of the campaign,” his campaign said in a statement announcing the program for the rally where Trump is scheduled to speak at 2 p.m. (Pacific).

Among the introductory speakers are Ohio Sen. JD Vance, Trump’s running mate; sons Eric Trump and Donald Trump Jr.; daughter-in-law Lara Trump, who is the co-chair of the Republican National Committee; House Speaker Mike Johnson of Louisiana; SpaceX and X CEO Elon Musk, and former New York City Mayor Rudy Giuliani, who was disbarred after his attempts to overturn the 2020 election and recently ordered to turn over assets, including a Manhattan apartment, to two Georgia election workers who successfully sued him for defamation.

Both Trump and his Democratic rival, Vice President Kamala Harris, have recently spent time in states that will have almost certainly have no impact on the result of the 2024 presidential race because of their respective partisan tilts.

On Friday, Harris was endorsed by musical icon Beyoncé in the singer’s hometown of Houston. Texas last voted for a Democrat for president in 1976, and Trump is comfortably leading in all presidential polling in the state. However, as the state’s demographics and politics are evolving, incumbent GOP Sen. Ted Cruz appears to be facing a tougher challenge than expected from Democratic Rep. Colin Allred, a former professional football player.

“We cannot let Texas flip blue,” Cruz said in an emailed fundraising appeal on Saturday. “Texas is in jeopardy.”

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Harris has an even stronger lead over Trump in polls of her home state of California, yet the former president rallied supporters in the Coachella Valley earlier this month.

While both California and New York are overwhelmingly Democratic, because of their size, they are home to millions of Republican voters.

The former president reportedly wants to increase his share of the popular vote. Additionally, California and New York are home to well over a dozen competitive congressional races that are likely to determine control of the U.S. House of Representatives, according to the nonpartisan Cook Political Report.

Embattled incumbent Rep. Ken Calvert, the longest-serving GOP member of California’s congressional delegation, was endorsed by Trump the same day the Corona Republican spoke at the former president’s Coachella Valley rally. Appearances by Republican New York congressional incumbents and hopefuls are expected at Trump’s Sunday rally.

On Sunday, Harris was in Philadelphia, the largest city in the critical state of Pennsylvania. As part of Democrats’ “Souls to the Polls” effort, Harris spoke at a traditionally Black church in West Philadelphia.

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“We were born for a time such as this,” Harris told parishioners at the Church of Christian Compassion, as they rose to their feet. “In this moment, we do face a real question: What kind of country do we want to live in? A country of chaos, fear and hate, or a country of freedom, justice and compassion?”

Later she talked to local leaders and Black men — a voting bloc that some Democrats worry Harris is underperforming with — at Philly Cuts, a nearby barber shop.

She is also expected to greet voters at a Puerto Rican restaurant in North Philadelphia and to speak with families at basketball courts in the Northwest part of the city, the Harris campaign official said.

Over the following days, the vice president is scheduled to campaign in Michigan, Washington, D.C., North Carolina, Pennsylvania, Wisconsin, Nevada and Arizona. Harris is expected to deliver her closing argument Tuesday evening — one week before election day — at the Ellipse near the White House, the site where Trump spoke on Jan 6. 2021, as Congress was preparing to certify the 2020 election, before his supporters stormed the U.S. Capitol.

After Trump’s appearance in Manhattan, he is expected to hold rallies in Georgia, Pennsylvania, Wisconsin, Nevada and Virginia.

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Video: Where Kamala Harris and Donald Trump Stand on Crime

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Video: Where Kamala Harris and Donald Trump Stand on Crime

Former President Donald J. Trump, who has 34 felony convictions and is facing three other indictments, wants to stretch the limits of executive power in the name of fighting crime if he is re-elected president. Vice President Kamala Harris, a former prosecutor and California attorney general, has evolved somewhat on crime issues since her first presidential campaign in 2019 and has a more typical Democratic checklist. Maggie Astor, who covers campaign issues for The New York Times, details their stands on guns, policing and crime.

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