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"The single most un-American and anti-constitutional statement ever uttered by an American president."
Fears that the United States is in the midst of a constitutional crisis—or something significantly worse—intensified Saturday after President Donald Trump wrote in a social media post that "he who saves his country does not violate any law," a variation of a quote attributed to Napoleon Bonaparte.
Trump's post on X—the platform owned by billionaire shadow government leader Elon Musk—came as his administration continued its sweeping and destructive assault on the federal government and workforce, running roughshod over the law in the process.
Trump's post Saturday was the latest brazen signal that the president doesn't recognize limits on his authority to impose his far-right agenda.
New York Times columnist Jamelle Bouie called Trump's message "the single most un-American and anti-constitutional statement ever uttered by an American president."
Since taking office less than a month ago, Trump and Musk have moved aggressively to dismantle federal agencies and remove any officials who could shine light on or obstruct their efforts.
Trump, his handpicked Cabinet officials, and Musk have also disregarded or openly attacked the other two co-equal branches of government, accusing judges who have moved to halt or limit the new administration's actions of being Democratic partisans.
In some cases, the Trump administration has actively defied rulings from federal courts, an alarming indication of what's to come.
Yasmin Abusaif and Douglas Keith of the Brennan Center for Justice noted Friday that "the last time the United States saw widespread open defiance of court orders by elected officials was when governors in Southern states refused to integrate their schools after the Supreme Court ruled against segregation in public education in Brown v. Board of Education."
"President Dwight Eisenhower—though he was no fan of the court's decision—ultimately dispatched troops to the South to help enforce the ruling, saying, 'The Supreme Court has spoken and I am sworn to uphold the constitutional process in this country, and I will obey,'" Abusaif and Keith continued. "The governors' efforts to defy court orders are widely acknowledged as one of the most shameful periods in U.S. history."
Frank Bowman, a law professor and former federal and state prosecutor, wrote for Slate last week that "with each passing day, the practical ability of the courts to stop, or even materially hinder, the catastrophe diminishes."
"If Trump successfully defies the courts," Bowman added, "the only remaining obstacle to dictatorship will be public revulsion, national popular protest, and the hope that such a reaction would cause Trump to retreat and, at long last, recall some fraction of the Republican Party to its constitutional duty."
"Mass deportations aren't just inhumane," one congresswoman said. "Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
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."
"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.
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."