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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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Wyoming Supreme Court rules laws restricting abortion violate state constitution

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Wyoming Supreme Court rules laws restricting abortion violate state constitution

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The Wyoming Supreme Court ruled on Tuesday that a pair of laws restricting abortion access violate the state constitution, including the country’s first explicit ban on abortion pills.

The court, in a 4-1 ruling, sided with the state’s only abortion clinic and others who had sued over the abortion bans passed since the U.S. Supreme Court overturned Roe v. Wade in 2022, which returned the power to make laws on abortion back to the states.

Despite Wyoming being one of the most conservative states, the ruling handed down by justices who were all appointed by Republican governors upheld every previous lower court ruling that the abortion bans violated the state constitution.

Wellspring Health Access in Casper, the abortion access advocacy group Chelsea’s Fund and four women, including two obstetricians, argued that the laws violated a state constitutional amendment affirming that competent adults have the right to make their own health care decisions.

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The Wyoming Supreme Court ruled that a pair of laws restricting abortion access violate the state constitution. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Voters approved the constitutional amendment in 2012 in response to the federal Affordable Care Act, which is also known as Obamacare.

The justices in Wyoming found that the amendment was not written to apply to abortion but noted that it is not their job to “add words” to the state constitution.

“But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue,” the justices wrote.

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Wellspring Health Access President Julie Burkhart said in a statement that the ruling upholds abortion as “essential health care” that should not be met with government interference.

“Our clinic will remain open and ready to provide compassionate reproductive health care, including abortions, and our patients in Wyoming will be able to obtain this care without having to travel out of state,” Burkhart said.

Wellspring Health Access opened as the only clinic in the state to offer surgical abortions in 2023, a year after a firebombing stopped construction and delayed its opening. A woman is serving a five-year prison sentence after she admitted to breaking in and lighting gasoline that she poured over the clinic floors.

Wellspring Health Access opened as the only clinic in the state to offer surgical abortions in 2023, a year after a firebombing stopped construction. (AP)

Attorneys representing the state had argued that abortion cannot violate the Wyoming constitution because it is not a form of health care.

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Republican Gov. Mark Gordon expressed disappointment in the ruling and called on state lawmakers meeting later this winter to pass a constitutional amendment prohibiting abortion that residents could vote on this fall.

An amendment like that would require a two-thirds vote to be introduced as a nonbudget matter in the monthlong legislative session that will primarily address the state budget, although it would have significant support in the Republican-dominated legislature.

“This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. It is time for this issue to go before the people for a vote,” Gordon said in a statement.

APPEALS COURT SIDES WITH TRUMP ON BUDGET PROVISION CUTTING PLANNED PARENTHOOD FUNDS

Gov. Mark Gordon expressed disappointment in the ruling. (Getty Images)

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One of the laws overturned by the state’s high court attempted to ban abortion, but with exceptions in cases where it is needed to protect a pregnant woman’s life or in cases of rape or incest. The other law would have made Wyoming the only state to explicitly ban abortion pills, although other states have implemented de facto bans on abortion medication by broadly restricting abortion.

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Abortion has remained legal in the state since Teton County District Judge Melissa Owens blocked the bans while the lawsuit challenging the restrictions moved forward. Owens struck down the laws as unconstitutional in 2024.

Last year, Wyoming passed additional laws requiring abortion clinics to be licensed surgical centers and women to receive ultrasounds before having medication abortions. A judge in a separate lawsuit blocked those laws from taking effect while that case moves forward.

The Associated Press contributed to this report.

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What Trump’s vow to withhold federal child-care funding means in California

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What Trump’s vow to withhold federal child-care funding means in California

Gov. Gavin Newsom and other state Democratic leaders accused President Trump of unleashing a political vendetta after he announced plans to freeze roughly $10 billion in federal funding for child care and social services programs in California and four other Democrat-controlled states.

Trump justified the action in comments posted on his social media platform Truth Social, where he accused Newsom of widespread fraud. The governor’s office dismissed the accusation as “deranged.”

Trump’s announcement came amid a broader administration push to target Democratic-led states over alleged fraud in taxpayer-funded programs, following sweeping prosecutions in Minnesota. The U.S. Department of Health and Human Services confirmed the planned funding freeze, which was first reported by the New York Post.

California officials said they have received no formal notice and argued the president is using unsubstantiated claims to justify a move that could jeopardize child care and social services for low-income families.

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How we got here

Trump posted on his social media site Truth Social on Tuesday that under Newsom, California is “more corrupt than Minnesota, if that’s possible???” In the post, Trump used a derogatory nickname for Newsom that has become popular with the governor’s critics, referring to him as “Newscum.”

“The Fraud Investigation of California has begun,” Trump wrote.

The president also retweeted a story by the New York Post that said his Department of Health and Human Services will freeze taxpayer funding from the Child Care Development Fund, the Temporary Assistance for Needy Families program, which is known as CalWORKS in California, and the Social Services Block Grant program. Health and Human Services said the affected states are California, Colorado, Illinois, Minnesota and New York.

“For too long, Democrat-led states and Governors have been complicit in allowing massive amounts of fraud to occur under their watch,” said Andrew Nixon, a department spokesperson. “Under the Trump Administration, we are ensuring that federal taxpayer dollars are being used for legitimate purposes. We will ensure these states are following the law and protecting hard-earned taxpayer money.”

The department announced last month that all 50 states will have to provide additional levels of verification and administrative data before they receive more funding from the Child Care and Development Fund after a series of fraud schemes at Minnesota day-care centers run by Somali residents.

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“The Trump Administration is using the moral guise of eliminating ‘fraud and abuse’ to undermine essential programs and punish families and children who depend on these services to survive, many of whom have no other options if this funding disappears,” Kristin McGuire, president of Young Invincibles, a young-adult nonprofit economic advocacy group, said in a statement. “This is yet another ideologically motivated attack on states that treats millions of families as pawns in a political game.”

California pushes back

Newsom’s office brushed off Trump’s post about fraud allegations, calling the president “a deranged, habitual liar whose relationship with reality ended years ago.” Newsom himself said he welcomes federal fraud investigations in the state, adding in an interview on MS NOW that aired Monday night: “Bring it on. … If he has some unique insight and information, I look forward to partnering with him. I can’t stand fraud.”

However, Newsom said cutting off funding hurts hardworking families who rely on the assistance.

“You want to support families? You believe in families? Then you believe in supporting child care and child-care workers in the workforce,” Newsom told MS NOW.

California has not been notified of any changes to federal child-care or social services funding. H.D. Palmer, a spokesperson for the Department of Finance, said the only indication from Washington that California’s child-care funding could be in jeopardy was the vague 5 a.m. post Tuesday by the president on Truth Social.

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“The president tosses these social media missives in the same way Mardi Gras revelers throw beads on Bourbon Street — with zero regard for accuracy or precision,” Palmer said.

In the current state budget, Palmer said, California’s child-care spending is $7.3 billion, of which $2.2 billion is federal dollars. Newsom is set to unveil his budget proposal Friday for the fiscal year that begins July 1, which will mark the governor’s final spending plan before he terms out. Newsom has acknowledged that he is considering a 2028 bid for president, but has repeatedly brushed aside reporters’ questions about it, saying his focus remains on governing California.

Palmer said while details about the potential threat to federal child-care dollars remain unclear, what is known is that federal dollars are not like “a spigot that will be turned off by the end of the week.”

“There is no immediate cutoff that will happen,” Palmer said.

Since Trump took office, California has filed dozens of legal actions to block the president’s policy changes and funding cuts, and the state has prevailed in many of them.

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What happened in Minnesota

Federal prosecutors say Minnesota has been hit by some of the largest fraud schemes involving state-run, federally funded programs in the country. Federal prosecutors estimate that as much as half of roughly $18 billion paid to 14 Minnesota programs since 2018 may be fraudulent, with providers accused of billing for services never delivered and diverting money for personal use.

The scale of the fraud has drawn national attention and fueled the Trump administration’s decision to freeze child-care funds while demanding additional safeguards before doling out money, moves that critics say risk harming families who rely on the programs. Gov. Tim Walz has ordered a third-party audit and appointed a director of program integrity. Amid the fallout, Walz announced he will not seek a third term.

Outrage over the fraud reached a fever pitch in the White House after a video posted online by an influencer purported to expose extensive fraud at Somali-run child-care centers in Minnesota. On Monday, that influencer, Nick Shirley, posted on the social media site X, “I ENDED TIM WALZ,” a claim that prompted calls from conservative activists to shift scrutiny to Newsom and California next.

Right-wing podcaster Benny Johnson posted on X that his team will be traveling to California next week to show “how criminal California fraud is robbing our nation blind.”

California officials have acknowledged fraud failures in the past, most notably at the Employment Development Department during the COVID-19 pandemic, when weakened safeguards led to billions of dollars in unemployment payments later deemed potentially fraudulent.

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An independent state audit released last month found administrative vulnerabilities in some of California’s social services programs but stopped short of alleging widespread fraud or corruption. The California state auditor added the Department of Social Services to its high-risk list because of persistent errors in calculating CalFresh benefits, which provides food assistance to those in need — a measure of payment accuracy rather than criminal activity — warning that federal law changes could eventually force the state to absorb billions of dollars in additional costs if those errors are not reduced.

What’s at stake in California

The Trump administration’s plans to freeze federal child-care, welfare and social services funding would affect $7.3 billion in Temporary Assistance for Needy Families funding, $2.4 billion for child-care subsidies and more than $800 million for social services programs in the five states.

The move was quickly criticized as politically motivated because the targeted states were all Democrat-led.

“Trump is now illegally freezing childcare and other funding for working families, but only in blue states,” state Sen. Scott Wiener (D-San Francisco) said in a statement. “He says it’s because of ‘fraud,’ but it has nothing to do with fraud and everything to do with politics. Florida had the largest Medicaid fraud in U.S. history yet isn’t on this list.”

Added California Assembly Speaker Robert Rivas (D-Hollister): “It is unconscionable for Trump and Republicans to rip away billions of dollars that support child care and families in need, and this has nothing to do with fraud. California taxpayers pay for these programs — period — and Trump has no right to steal from our hard-working residents. We will continue to fight back.”

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Times staff writer Daniel Miller contributed to this report.

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Video: Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

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Video: Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

new video loaded: Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

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Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

Governor Tim Walz of Minnesota abandoned his re-election bid to focus on handling a scandal over fraud in social service programs that grew under his administration.

“I’ve decided to step out of this race, and I’ll let others worry about the election while I focus on the work that’s in front of me for the next year.” “All right, so this is Quality Learing Center — meant to say Quality ‘Learning’ Center.” “Right now we have around 56 kids enrolled. If the children are not here, we mark absence.”

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Governor Tim Walz of Minnesota abandoned his re-election bid to focus on handling a scandal over fraud in social service programs that grew under his administration.

By Shawn Paik

January 6, 2026

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