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
Appeals court declares DC ban on certain gun magazines unconstitutional
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An appeals court struck down a local law in the District of Columbia that banned gun magazines containing more than 10 bullets, describing the measure as unconstitutional.
The ruling Thursday from the District of Columbia Court of Appeals also reversed the conviction of Tyree Benson, who was taken into custody in 2022 for being in possession of a handgun with a magazine that could contain 30 bullets, according to The New York Times.
“Magazines capable of holding more than 10 rounds of ammunition are ubiquitous in our country, numbering in the hundreds of millions, accounting for about half of the magazines in the hands of our citizenry, and they come standard with the most popular firearms sold in America today,” Judge Joshua Deahl wrote on behalf of the two-judge majority in the three-judge panel.
“Because these magazines are arms in common and ubiquitous use by law-abiding citizens across this country, we agree with Benson and the United States that the District’s outright ban on them violates the Second Amendment,” he added.
A salesperson holds a high capacity magazine for an AR-15 rifle at a store in Orem, Utah, in March 2021. (George Frey/Bloomberg via Getty Images)
“This appeal presents a Second Amendment challenge to the District’s ban on firearm magazines capable of holding ‘more than 10 rounds of ammunition.’ Appellant Tyree Benson argues that ban contravenes the Second Amendment so that his conviction for violating it should be vacated,” Deahl also wrote. “The United States, which prosecuted Benson in the underlying case and defended the ban’s constitutionality in the initial round of appellate briefing, now concedes that this ban violates the Second Amendment. The District of Columbia, which is also a party to this appeal, continues to defend the constitutionality of its ban.”
“We therefore reverse Benson’s conviction for violating the District’s magazine capacity ban. And because Benson could not have registered, procured a license to carry, or lawfully possessed ammunition for his firearm given that it was equipped with a magazine capable of holding more than 10 rounds, we likewise reverse his convictions for possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition,” Deahl said.
Chief Judge Anna Blackburne-Rigsby, the judge who dissented, wrote that, “The majority bases its common usage analysis on ownership statistics that show only that magazines holding 11, 15, or 17 rounds of ammunition are in common use.”
GUN RIGHTS ON PRIVATE PROPERTY DEBATED AT SUPREME COURT
Magazines at Norm’s Gun & Ammo shop in Biddeford, Maine, in April 2013. From left, the first two are high capacity magazines for handguns, an AK-47 magazine, an AR-15 magazine and an SKS magazine. (Shawn Patrick Ouellette/Portland Press Herald via Getty Images)
“The majority, however, fails to contend with the reality that these statistics do not support the conclusion that the particularly lethal 30-round magazine, such as the one Mr. Benson possessed here, is in common use for self-defense. It simply is not,” she added.
The District of Columbia can now appeal the decision to the Supreme Court, or ask the local appeals court to take another look at the ruling with a larger panel of judges, according to the Times.
High-capacity rifle magazines are removed from a display at Freddie Bear Sports in January 2023 in Tinley Park, Illinois. (Scott Olson/Getty Images)
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The newspaper also reported that in a previous case, the U.S. Court of Appeals for the District of Columbia upheld the constitutionality of the local law surrounding gun magazine sizes. It’s unclear how the two rulings will interact.
Politics
Contributor: The stars align for Democrats in Texas. Trump is helping them
If Democrats expect to flip a U.S. Senate seat in Texas, they’ll need all the stars to align. This almost never happens, because politics has a way of scrambling the constellations. But on Tuesday, the first star blinked on.
I’m referring to state Rep. James Talarico’s victory over Rep. Jasmine Crockett in the Democratic primary. Most political prognosticators agree that Talarico, an eloquent young Democrat who speaks openly about his Christian faith, is their best hope in a red state that Donald Trump won by 14 points.
The second star was Crockett’s conciliatory concession — far from a foregone conclusion after a nasty primary — in which she pledged to “do my part,” adding that “Texas is primed to turn blue, and we must remain united because this is bigger than any one person.”
The third star — a vulnerable Republican opponent — has not yet appeared over the Texas sky, although forecasters say it might.
Most observers agree that scandal-plagued Atty. Gen. Ken Paxton would be beatable in the general election, while incumbent Sen. John Cornyn would present a much tougher challenge. Cornyn is the kind of steady, conventional politician who tends to win elections, and so, of course, modern voters are extremely suspicious of him.
In the GOP primary on Tuesday, Cornyn’s 42% share of the vote edged out Paxton by about a point. Unfortunately for Republicans, neither candidate garnered enough votes to avoid a May 26 runoff election.
Conventional wisdom suggests that when a majority of Republican voters choose someone other than the incumbent in the first round of voting, an even greater majority will inevitably break toward the challenger in the runoff. If that happens, Paxton would become the nominee, and Democrats would get their third star to align.
Even better for Democrats — a fourth star, so to speak — would be for this protracted runoff to become a “knife fight,” as one Texas Republican predicted, in which Paxton staggers out of the fight as the battered GOP nominee.
The only problem is that Republicans can see these stars aligning, too.
And while the Texas Senate seat matters a lot on its own, it matters even more in the context of nationwide midterm elections, in which a Texas win would help Democrats take back the Senate.
Enter the cavalry — or, more accurately, President Trump, who is now entering a second war in the span of a week, this one a civil war in the Lone Star State.
The day after the primary, Trump announced that he would be “making my Endorsement soon, and will be asking the candidate that I don’t Endorse to immediately DROP OUT OF THE RACE!”
Reports suggest Trump may endorse Cornyn in order to save the seat for Republicans. But who knows? Trump is famously unpredictable. And it’s likely he admires Paxton’s ability to survive scandals that would have caused most normal politicians to curl up in the fetal position. As they say, “game recognizes game.”
Whomever he backs, conventional wisdom also says Trump should make his endorsement “soon,” as he promised. That would save Republicans a lot of time and money. But Trump currently has enormous leverage. Right now, people are coming to him, pleading for his support.
Do you think he wants to resolve that situation quickly?
Me neither.
With Trump, you never know what you’re going to get. In 2021, he helped torpedo Republican Senate candidates David Perdue and Kelly Loeffler in Georgia, handing Democrats control of the Senate. The following year he backed football legend Herschel Walker in another Georgia Senate race, which did not exactly work out great. Democrat Raphael Warnock won and holds that seat, though Walker is now ambassador to the Bahamas so that’s something.
This is to say: Trump’s political assistance does not always assist.
It’s unclear whether Trump’s endorsement would be dispositive — and whether he could muscle the other Republican out of the primary race.
Paxton, for example, initially vowed to stay in the race, no matter what. (He later suggested he would “consider” dropping out if the Senate passes the SAVE America Act, a bill to require proof of citizenship to vote.)
There’s also this: Trump’s endorsements tend to either be made out of vengeance or to pad the totals of an already inevitable winner, so his track record is probably overrated.
Case in point: While most of his endorsed candidates won their Texas elections, his endorsed candidate for agriculture commissioner lost reelection. And according to the Texas Tribune, “at least three Trump-endorsed candidates for Congress were headed to runoffs, one of them in a distant second place.”
Another issue is that Cornyn needs more than a perfunctory endorsement: He needs a clear, full-throated endorsement.
In a 2022 Missouri Senate race, Trump endorsed “ERIC,” which was awkward because two candidates named Eric were running.
More recently, he endorsed two rival candidates in the same 2026 Arizona gubernatorial race — like betting on both teams in the Super Bowl.
This is all to say that the only thing standing between Texas Democrats and a rare celestial alignment may be the whims of the Republican Party’s one and only star.
Sure, establishment Republicans can beg Trump to quickly step in and settle the race, and maybe he will. But it’s entirely possible the president will find a way to blow up his party’s chances for holding the U.S. Senate — and there’s nothing they can do to stop him.
When you’re a star, they let you do it.
Matt K. Lewis is the author of “Filthy Rich Politicians” and “Too Dumb to Fail.”
Politics
Video: President Fires Noem as Homeland Security Secretary
new video loaded: President Fires Noem as Homeland Security Secretary
transcript
transcript
President Fires Noem as Homeland Security Secretary
President Trump fired Kristi Noem, his embattled homeland security secretary, on Thursday and announced his plans to replace her with Senator Markwayne Mullin of Oklahoma.
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“The fact that you can’t admit to a mistake which looks like under investigation is going to prove that Ms. Good and Mr. Pretti probably should not have been shot in the face and in the back. Law enforcement needs to learn from that. You don’t protect them by not looking after the facts.” “Our greatness calls people to us for a chance to prosper, to live how they choose, to become part of something special. Anyone who searches for freedom can always find a home here. But that freedom is a precious thing, and we defend it vigorously. You crossed the border illegally — we’ll find you. Break our laws — we’ll punish you.” “Did you bid out those service contracts?” “Yes they did. They went out to a competitive bid.” “I’m asking you — sorry to interrupt — but the president approved ahead of time you spending $220 million running TV ads across the country in which you are featured prominently?” “Yes, sir. We went through the legal processes. Did it correctly —” Did the president know you were going to do this?” “Yes.” “I’m more excited about just ready to get started. There’s a lot of work we can do to get the Department of Homeland Security working for the American people.”
By Jackeline Luna
March 5, 2026
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