NEW YORK TIMES
President-elect Donald J. Trump confirmed on Monday that he intended to declare a national emergency and use the U.S. military in some form to assist in his plans for mass deportations of undocumented immigrants.
On his social media platform, Truth Social, Mr. Trump responded overnight to a post made earlier this month by Tom Fitton, who runs the conservative group Judicial Watch, and who wrote that Mr. Trump’s administration would “declare a national emergency and will use military assets” to address illegal immigration “through a mass deportation program.”
At around 4 a.m., Mr. Trump reposted Mr. Fitton’s post with the comment, “TRUE!!!”
Congress has granted presidents broad power to declare national emergencies at their discretion, unlocking standby powers that include redirecting funds lawmakers had appropriated for other purposes. During his first term, for example, Mr. Trump invoked this power to spend more on a border wall than Congress had been willing to authorize.
In interviews with The New York Times during the Republican primary campaign, described in an article published in November 2023, Mr. Trump’s top immigration policy adviser, Stephen Miller, said that military funds would be used to build “vast holding facilities that would function as staging centers” for immigrants as their cases progressed and they waited to be flown to other countries.
The Homeland Security Department would run the facilities, he said.
One major impediment to the vast deportation operation that the Trump team has promised in his second term is that Immigration and Customs Enforcement, or ICE, lacks the space to hold a significantly larger number of detainees than it currently does.
That has sometimes led to allowing asylum seekers into the country while they await court dates with immigration judges, a practice critics deride as “catch and release.”
The Trump team believes that such camps could enable the government to accelerate deportations of undocumented people who fight their expulsion from the country. The idea is that more people would voluntarily accept removal instead of pursuing a long-shot effort to remain in the country if they had to stay locked up in the interim.
Mr. Miller has also talked about invoking a public health emergency power to curtail hearing asylum claims, as the Trump administration did during the Covid-19 pandemic.
Mr. Trump’s declaration of a national emergency at the southern border amid a surge in asylum seekers and his reprogramming of military funds toward his border wall in 2019 was a face-saving way out of a spending standoff with Congress that had led to a government shutdown. It led to legal challenges that had not been definitively resolved before President Joseph R. Biden Jr. took over and halted further construction on the border wall.
Mr. Trump’s team said it had developed a multifaceted plan to significantly increase the number of deportations, which it thought could be accomplished without new legislation from Congress, although it anticipated legal challenges.
Other elements of the team’s plan include bolstering the ranks of ICE officers with law enforcement officials who would be temporarily reassigned from other agencies, and with state National Guardsmen and federal troops activated to enforce the law on domestic soil under the Insurrection Act.
The team also plans to expand a form of due-process-free expulsions known as expedited removal, which is currently used near the border for recent arrivals, to people living across the interior of the country who cannot prove they have been in the United States for more than two years.
And the team plans to stop issuing citizenship-affirming documents, like passports and Social Security cards, to infants born on domestic soil to undocumented migrant parents in a bid to end birthright citizenship.
Mr. Trump has already signaled his intent to follow through on his promises with personnel announcements. He named Mr. Miller as a deputy chief of staff in his administration with influence over domestic policy. And Mr. Trump said he would make Thomas Homan, who ran ICE for the first year and a half of the Trump administration and was an early proponent of separating families to deter migrants, his administration’s “border czar.”
Mr. Homan told The New York Times in 2023 that he had met with Mr. Trump shortly after the now president-elect announced that he would seek office again. During that meeting, Mr. Homan said, he “agreed to come back” in a second term and would “help to organize and run the largest deportation operation this country’s ever seen.”
