SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
alien enemies act
Is Trump Putting Nation on Dangerous Path Toward a Second Civil War
What happens when we refuse to allow Trump’s lackeys to wreak revenge on his political enemies who live within our states and communities?
Dec 06, 2024
Trump may force a second civil war on America with his plan to use the military to round up at least 11 million undocumented people inside the United States — even if it means breaking up families — send them to detention camps, and then deport them.
As well as his plan to target his political enemies for prosecution — including Democrats, journalists, and other critics.
What happens when we, especially those of us in blue states and cities, resist these authoritarian moves — as we must, as we have a moral duty to?
What happens when we try to protect hardworking members of our communities who have been our neighbors and friends for years, from Trump’s federal troops?
What happens when we refuse to allow Trump’s lackeys to wreak revenge on his political enemies who live within our states and communities?
Will our resistance give Trump an excuse to use force against us?
This is not far-fetched. We need to answer these questions for ourselves. We should prepare.
A civil war is not inevitable. We must do what we can to protect those who are most vulnerable to Trump’s fascism.
Trump has said he’ll use the Insurrection Act — which grants a president the power to “take such measures as he considers necessary” to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy.”
He’s also said he’ll use the Alien Enemies Act of 1798 to end sanctuary cities. Such cities now limit cooperation with federal immigration authorities. Trump told Fox News’s Harris Faulkner that “we can do things in terms of moving people out.”
The Enemies Act states that “Whenever there shall be a declared war between the United States and any foreign nation or government … and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
The Enemies Act was part of a group of laws enacted at the end of the 18th century — the Alien and Sedition Acts — which severely curtailed civil liberties in the young United States, including by tightening restrictions on foreign-born Americans and limiting speech critical of the government.
Would Trump essentially declare war on states and communities that oppose him?
When he was president last time, he acted as if he was president only of the people who voted for him — overwhelmingly from red states and cities — and not the president of all of America. He supported legislation that hurt voters in blue states, such as his tax law that stopped deductions of state and local taxes from federal income taxes.
Two Americas
Underlying Trump’s dangerous threats is the sobering reality that we are rapidly becoming two Americas.
One America is largely urban, college-educated, and racially and ethnically diverse. It voted overwhelmingly for Kamala Harris.
The other America is largely rural or exurban, without college degrees, and white. It voted overwhelmingly for Trump.
Even before Trump’s win, red zip codes were getting redder and blue zip codes, bluer. Of the nation’s total 3,143 counties, the number of super-landslide counties — where a presidential candidate won at least 80 percent of the vote — jumped from 6 percent in 2004 to 22 percent in 2020 and appears to be even higher in 2024.
Just a dozen years ago, there were Democratic senators from Iowa, North Dakota, Ohio, Arkansas, Alaska, North Carolina, Florida, Indiana, Louisiana, Missouri, Montana (two!), and West Virginia.
Today, there’s close to a zero chance of a Democrat being elected to the Senate from any of these states.
Surveys show that Americans find it increasingly important to live around people who share their political values.
Animosity toward those in the opposing party is higher than at any time in living memory. Forty-two percent of registered voters believe Americans in the other party are “downright evil.”
Almost 40 percent would be upset at the prospect of their child marrying someone from the opposite party.
Even before the 2024 election, when asked if violence would be justified if the other party won the election, 13.8 percent of Democrats and 18.3 percent of Republicans responded in the affirmative.
Red states are becoming even more reactionary.
Since the Supreme Court’s decision to reverse Roe v. Wade left the issue of abortion to the states, 1 out of 3 women of childbearing age now lives in a state that makes it nearly impossible to obtain an abortion.
Even while red states are making it harder than ever to get abortions, they’re making it easier than ever to buy guns.
Red states are also banning diversity, equity, and inclusion (DEI) initiatives in education. Florida’s Board of Education prohibited public colleges from using state and federal funds for DEI. Texas Governor Greg Abbott has required all state-funded colleges and universities close their DEI offices.
In Florida and Texas, teams of “election police” were created to crack down on the rare crime of voter fraud, another fallout from Trump’s big lie.
They’re banning the teaching of America’s history of racism. They’re requiring transgender students to use bathrooms and join sports teams that reflect their sex at birth.
They’re making it harder to protest.
They’re making it more difficult to qualify for unemployment benefits and other forms of public assistance.
And harder than ever to form labor unions.
They’re even passing “bounty” laws — enforced not by governments but by rewards to private citizens for filing lawsuits — on issues ranging from classroom speech to abortion to vaccination.
Blue states are becoming more progressive.
Meanwhile, several blue states, including Colorado and Vermont, are codifying a right to abortion.
Some are helping cover abortion expenses for out-of-staters.
When Idaho proposed a ban on abortion that empowers relatives to sue anyone who helps terminate a pregnancy after six weeks, nearby Oregon approved $15 million to help cover the abortion expenses of patients from other states.
Trump would like nothing better than a civil war over himself. He loves to be at the center of attention, which is often at the center of the chaos and outrage he has created.
Maryland and Washington have expanded access and legal protections to out-of-state abortion patients. California has expanded access to abortion and protected abortion providers from out-of-state legal action.
After the governor of Texas ordered state agencies to investigate parents for child abuse if they provide certain medical treatments to their transgender children, California enacted a law making the state a refuge for transgender youths and their families.
California already bars anyone on a state payroll (including yours truly, who teaches at Berkeley) from getting reimbursed for travel to states that discriminate against LGBTQ+ people.
Where will all this end?
Trump would like nothing better than a civil war over himself. He loves to be at the center of attention, which is often at the center of the chaos and outrage he has created.
Short of a civil war, the gap between red and blue America might continue to widen — roughly analogous to unhappily married people who don’t want to go through the trauma of a formal divorce and simply drift apart.
But a civil war is not inevitable. We must do what we can to protect those who are most vulnerable to Trump’s fascism. But this doesn’t mean allowing him to goad us into civil war.
Keep ReadingShow Less
Trump Slammed Over Plans for National Emergency and Mass Deportations
"Mass deportations aren't just inhumane," one congresswoman said. "Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
Nov 18, 2024
Migrant rights advocates on Monday sharply criticized U.S. President-elect Donald Trump after he confirmed plans to declare a national emergency and use the military to pursue his long-promised mass deportations, despite legal and logistical barriers.
Shortly after Trump's electoral victory earlier this month, Tom Fitton, president of the right-wing group Judicial Watch, welcomed reports that the incoming administration is "prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program."
Fitton's post was on Trump's platform, Truth Social. The president-elect responded early Monday, simply saying, "TRUE!!!"
While Trump didn't provide additional details on Monday, fearmongering about immigrants has been a priority for the president-elect since he entered politics during the 2016 cycle and recent reporting has previewed what could come when he returns to the White House after campaigning on a pledge to "launch the largest deportation program in American history."
In the latest elections, Republicans retained control of the U.S. House of Representatives and reclaimed a Senate majority, but Democrat Yassamin Ansari had a decisive win in Arizona's 3rd Congressional District. She said Monday that "Trump's plan to use the military to aid mass deportation is abhorrent and hateful, and will directly impact many of my constituents in AZ-03. Using the world's strongest military to target the most vulnerable community is not leadership, it's abuse of power."
Vanessa Cárdenas, senior director of communication for America's Voice, similarly said in a statement that "Trump continues promoting anti-immigration hate and is using it as an excuse to appropriate the military for domestic law enforcement and circumvent normal checks and balances on presidential power."
Cárdenas continued:
Trump and allies are attempting to justify their potential use of the military to conduct indiscriminate mass raids and roundups by wrapping it in the language of 'invasion' and the false notion that America is under assault, and it must be repelled by force. Yet just because Trump and allies have spent recent years normalizing this idea and making this assertion doesn't make it any less radical. Let's be clear, this is the adoption of a white nationalist conspiracy theory, already linked to multiple deadly acts of gun violence against civilians, which is driving federal policy and Republican agendas.
Despite the martial language and emphasis on the border and recent arrivals, make no mistake that the Trump team is planning to target long-settled immigrants and mixed-status families as part of their mass deportations. Having legal status and even citizenship is not necessarily a shield of protection. Their pledges to end immigration enforcement priorities, while making as many people as possible deportable, is a disturbing tell that their definition of 'criminal' will look fundamentally different from most Americans' conceptions. Perhaps most disturbingly, the resulting fear and cruelty that will be on display is likely a feature and not a bug to those in charge.
Pointing to Trump's previous term, Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said Monday that "my lesson from the first time around is that we absolutely cannot take things that the Trumpworld people say as gospel, given their total lack of specifics and total willingness to make grandiose pronouncements that are aimed at triggering the libs and making headlines."
"The National Emergencies Act is a specific law which unlocks specific authorities to do specific things—a president doesn't declare a national emergency and then become king. And 'use the military for deportations' isn't one of those specific things," he highlighted, citing the Brennan Center for Justice guide on emergency powers.
Reichlin-Melnick acknowledged that "last time, Trump invoked a specific emergency authority to unlock military construction funding—and direct more troops to do logistical support at the border" with Mexico.
The New York Timesreported Monday that during the Republican primary campaign, "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."
Miller—architect of the forced family separation program from Trump's first term—is set to serve as deputy chief of staff for policy in the next administration. The president-elect has also named other immigration hard-liners for key posts: Tom Homan, former acting director of Immigration and Customs Enforcement (ICE), as "border czar" and GOP South Dakota Gov. Kristi Noem for homeland security secretary.
"Mr. Miller has also talked about invoking a public health emergency power to curtail hearing asylum claims," according to the Times. Trump's team also plans to "expand a form of due-process-free expulsions known as expedited removal" and "stop issuing citizenship-affirming documents, like passports and Social Security cards, to infants born on domestic soil to undocumented migrant parents."
Additionally, the newspaper noted, Trump intends to bolster the ICE ranks "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."
Joseph Nunn, a counsel in the Brennan Center's Liberty and National Security Program, explained in 2022 that "although it is often referred to as the 'Insurrection Act of 1807,' the law is actually an amalgamation of different statutes enacted by Congress between 1792 and 1871" to enable "the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations."
Congresswoman Ilhan Omar (D-Minn.) on Monday expressed concern about Trump's potential use of another law enacted in 1978.
"Donald Trump plans to declare a national emergency and utilize the Alien Enemies Act to conduct mass deportations," Omar, a war refugee, said on social media. "This xenophobia and cruelty shouldn't be allowed in America. We are going to fight it every step of the way."
As Nunn's Brennan Center colleague Katherine Yon Ebright detailed last month, the law "allows the president to detain or deport the natives and citizens of an enemy nation," and although "enacted to prevent foreign espionage and sabotage in wartime, it can be—and has been—wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States."
While Trump and his allies have prepared to use any powers they can to deport the estimated 11 million undocumented immigrants in the United States, rights advocates and reporters have warned of the consequences of their plans for not only those people, but also 20 million mixed-status families and citizens who would suffer from the economic consequences.
As Mother Jones' Isabela Dias recently laid out, mass deportations would have major negative impacts on care, food, and infrastructure while enriching charter flight operators, consulting firms, private prison companies, and surveillance contractors.
Congresswoman Jasmine Crockett (D-Texas) issued a warning after Trump's Monday post, declaring that "this will hurt all of us."
Spotlighting a Monday report in the Milwaukee Journal Sentinel, Rep. Gwen Moore (D-Wis.) similarly stressed that "mass deportations aren't just inhumane—they'd devastate America's agricultural industry. Combined with his tariffs, Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
Keep ReadingShow Less
Trump Spokesperson Affirms Day 1 Plans for Nation's 'Largest Mass Deportation Operation'
"As always, we will go to court to challenge illegal policies, but it is equally essential that the public push back, as it did with family separation," one rights advocate said.
Nov 07, 2024
President-elect Donald Trump is set to begin his promised mass deportation of undocumented immigrants as soon as he takes office on January 20, 2025, even as rights groups are mobilizing to stop him.
Trump national press secretary Karoline Leavitt toldFox News Wednesday morning that "the American people delivered a resounding victory for President Trump."
"It gives him a mandate to govern as he campaigned, to deliver on the promises that he made, which include, on Day 1, launching the largest mass deportation operation of illegal immigrants that Kamala Harris has allowed into this country," Leavitt said.
"We have a simple message for President-elect Trump or his deputies if they decide to make good on their despicable plans: We will see you in court."
Trump has pledged to conduct the largest deportation in U.S. history, with running mate and now Vice President-elect JD Vance promising 1 million deportations each year. The plan would likely rely on mobilizing federal agencies, the military, diplomats, and Republican-led states while using federal funds to pressure uncooperative states and cities into complying.
The stocks of private prison companies like GEOGroup and Core Civic rose significantly after Trump's win, and private contractors had already been discussing ahead of the election how to build enough detention space to accommodate Trump's plans.
A study released by the American Immigration Council in October found that a massive, one-time deportation program of the estimated 13.3 million migrants in the country without legal status would cost the government at least $315 billion while a 1-million-a-year approach would cost $88 billion a year for a total of $967.9 billion. It would also shrink the nation's gross domestic product by between 4.2 and 6.8%, not to mention the massive human cost to immigrant families, as around 5.1 million children who are U.S. citizens live with an undocumented family member.
The council also warned that such a program would likely threaten the well-being of all immigrants and increase vigilantism and hate crimes.
"As bad as the first Trump administration was for immigrants, we anticipate it will be much worse this time and are particularly concerned about the use of the military to round up immigrants," Lee Gelernt, a lawyer with the American Civil Liberties Union who fought the first Trump administration on family separation and other policies, toldThe Washington Post. "As always, we will go to court to challenge illegal policies, but it is equally essential that the public push back, as it did with family separation."
Exit polls show that 56% of U.S. voters favor offering immigrants already in the U.S. a pathway to citizenship, while Data for Progress found that survey respondents did not favor deportation for 7 out of 9 categories of people who might be caught up in a mass deportation scheme.
The ACLU has urged cities and states to take steps to protect their undocumented residents ahead of January 20.
"They should prepare for mass deportations because those will wreak havoc on the communities," Noreen Shah, director of government affairs at the ACLU's equality division, toldNewsweek. "It will mean kids who go to school and their parents are gone and not there to pick them up at the end of the day."
In particular, legal groups are gearing up for Trump to potentially evoke the Alien Enemies Act of 1798, which authorizes the country to deport noncitizens of a hostile nation. It has only been used three times, most recently to detain Japanese Americans during World War II.
"Many fear that a second Trump administration would seek to use this law to justify indefinite detention and remove people from the country swiftly and without judicial review," Shah told Reuters.
The Brennan Center for Justice has called on Congress to repeal the act.
"This law was shameful and dangerous back when it was created 200 years ago," the center's Marcelo Agudo wrote in October. "It's even more so today. It must be repealed or overturned."
Several other organizations pledged to continue defending immigrants and refugees after Trump declared victory.
"We have a simple message for President-elect Trump or his deputies if they decide to make good on their despicable plans: We will see you in court," Karen Tumlin, founder and director of Justice Action Center, said in a statement. "And, we have a message of love to immigrant communities, we see you, we are you, and we will stand with you."
Calling Trump's win "one of the most dangerous moments in our country's history, National Immigration Law Center president Kica Matos said the organization had led a "movement-wide effort to plan for this moment."
"Trump and his allies told us what he plans to do: mass deportations, ending birthright citizenship, ending the right to public education for immigrant children, internment camps, and using the military to hunt down immigrants. We should take him at his word," Matos said.
She continued: "One thing is certain: we cannot and will not retreat. For more than 40 years, NILC has been steadfast in our fight to defend the rights of low-income immigrants and their loved ones. We successfully fought Donald Trump before, and we will do it again."
The American Immigrant Lawyers Association (AILA) pledged to continue working for its clients.
"If implemented, the anti-immigrant policies avowed by candidate Trump will inflict lasting damage to the American economy, communities, and character," AILA Executive Director Benjamin Johnson said in a statement. "AILA and its more than 16,000 members will continue to defend the Constitution and stand against laws and policies that violate due process, undermine civil rights, or denigrate the contributions of immigrants. Our future prosperity depends on not giving up. We must stand together and work towards a brighter future."
Refugees International also promised to continue with its "shared commitment to rights and refuge for people forced from their homes."
"Amid historic levels of global displacement, the incoming Trump administration plans to enact an anti-refugee, anti-asylum agenda that will endanger millions of people—both those threatened by crises overseas and those who have been welcomed as neighbors into communities across the United States," the group's president, Jeremy Konyndyk, said in a message to supporters. "Yet we hold on to hope, even as we are clear-eyed about the daunting struggles ahead."
Knowndyk added: "As we do under any presidential administration, we will work tirelessly with all of you to defend and advance the rights, protection, and well-being of all people forced to flee their homes."
United We Dream, the largest U.S. organization led by immigrant youth, committed to building the "largest pro-immigrant movement this country has ever seen."
"Immigrant young people of United We Dream declare ourselves hopeful and clear eyed about the fight ahead," said the group's executive director Greisa Martínez Rosas. "With Trump pledging to carry out the largest deportation effort in our country's history—ctivating the military to raid our communities, schools, hospitals, and more in order to round up our people into concentration camps—young, Black, brown, and queer leaders who have been at the vanguard of our movement and of creating meaningful change are ready move mountains to protect our communities."
Keep ReadingShow Less
Most Popular