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immigration and customs enforcement
'Concentration Camps': Border Czar Says Trump to Detain Migrant Families
"Decent people all over the world will hate this country... and they should," said one critic.
Dec 26, 2024
Adding to alarm over U.S. President-elect Donald Trump's immigration plans, his "border czar" toldThe Washington Post in an interview published Thursday that the administration plans to return to detaining migrant families with children.
Tom Homan, who served as acting director of U.S. Immigration and Customs Enforcement during Trump's first term, said that ICE "will look to hold parents with children in 'soft-sided' tent structures similar to those used by U.S. border officials to handle immigration surges," the Post summarized. "The government will not hesitate to deport parents who are in the country illegally, even if they have young U.S.-born children, he added, leaving it to those families to decide whether to exit together or be split up."
Since Trump beat Democratic Vice President Kamala Harris last month, migrant rights advocates have reiterated concerns about the Republican's first-term policies—such as forced separation of families—and his 2024 campaign pledges, from mass deportations to attempting to end birthright citizenship, despite the guarantees of the 14th Amendment to the U.S. Constitution.
Homan—who oversaw the so-called "zero tolerance" policy that separated thousands of migrant kids from their parents—said: "Here's the issue... You knew you were in the country illegally and chose to have a child. So you put your family in that position."
Incoming "border czar" Tom Homan on shipping U.S.-born children out of the country with their undocumented parents: “You knew you were in the country illegally and chose to have a child.” "Chose"? That's an odd word choice. The right wants to force women to give birth, not give them a choice.
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— Mark Jacob ( @markjacob.bsky.social) December 26, 2024 at 9:30 AM
Harris and President Joe Biden have come under fire for various immigration policies, but their administration did stop family detention—and when it was reported last year that the White House was weighing a revival of the practice, 383 groups urged the president to keep the pledge he made when he took office "to pursue just, compassionate, and humane immigration policies."
Under Biden, the government ended mass worksite immigration raids and—eventually—the "Remain in Mexico" policy that stopped asylum-seekers from entering the United States. Homan told the Post that the next Trump administration should bring them back.
Less than a month before Trump's inauguration, Biden is now facing pressure to "use the power of the pen to protect those seeking sanctuary from the coming deportation machine that will crush the human rights of our immigrant neighbors and those who have dreams of finding refuge here," as Amnesty International USA executive director Paul O'Brien put it earlier this month.
The Post reported that "of all the border hard-liners in the incoming administration, Homan is perhaps the most cognizant of the limits of the government's ability to deliver on promises of mass deportation—and the potential for a political backlash."
Those hard-liners include dog-killing Republican South Dakota Gov. Kristi Noem, Trump's pick to lead the Department of Homeland Security; family separation architect Stephen Miller, the president-elect's homeland security adviser and deputy chief of staff for policy; and Caleb Vitello, the next acting ICE director whom Miller previously
tried to install at the Office of Refugee Resettlement.
"We're going to need to construct family facilities," Homan told the newspaper. However, he also said: "We need to show the American people we can do this and not be inhumane about it... We can't lose the faith of the American people."
Critics of the next administration have suggested that—although Trump won the Electoral College and the popular vote last month—pursuing the GOP immigration policies, including "concentration camps" for migrant families, will anger the public.
Maximum cruelty is the goal https://www.washingtonpost.com/immigration/2024/12/26/immigration-border-tom-homan-trump/
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— Ric Steinberger (@ricst.bsky.social) December 26, 2024 at 9:29 AM
"Decent people all over the world will hate this country... and they should," media columnist and Brooklyn College professor Eric Alterman said on social media in response to the Post's reporting.
Author and New York University adjunct associate professor Helio Fred Garcia said: "Trump's next border czar previews performative cruelty. In the first term it included kidnapping of children from their parents and returning the parents to their home countries, with no record of which kids came from which parents. A crime against humanity."
Lee Gelernt, an ACLU attorney who has argued many major immigration cases, told the Post that "the incoming administration has refused to acknowledge the horrific damage it did to families and little children the first time around and seems determined to once again target families for gratuitous suffering."
"The public may have voted in the abstract for mass deportations," he added, referring to the November election, "but I don't think they voted for more family separation or unnecessary cruelty to children."
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We Will All Be Casualties in Trump’s War on Birthright Citizenship
What Donald Trump’s effort to dismantle the 14th amendment’s guarantee of citizenship for people born in the U.S. might look like and what it would mean for all of us.
Dec 20, 2024
On December 8, President-elect Donald Trump sat down for an interview on “Meet the Press” with Kristen Welker. The interview covered a wide range of topics, but one that drew a lot of attention was his response to a question (more of a statement) that Welker posed. She reminded him, “You promised to end birthright citizenship on day one,” to which he responded, “Correct.”
When Welker asked him about how he would “get around the 14th amendment,” Trump gave a rambling, incoherent answer about using an executive order, mixed with an easily disprovable lie that the U.S. is the only country to offer birthright citizenship, when in fact many countries do. It is important to emphasize that all U.S. presidents take an oath to preserve, protect, and defend the Constitution, and when Trump says he will issue an executive order abrogating the 14th amendment, this is a clear violation of his oath and an impeachable offense.
It is easy to see how a mass detention of people who should be citizens could be used in bad faith by the Trump administration to institute fascism in America.
I previously wrote about why we need to defend birthright citizenship against right-wing attacks. That article goes into depth about the 14th amendment, the fringe and absurd conservative theory saying it doesn’t apply to children of undocumented parents, the horrible dystopia that would be created by a Trump administration that attempted to deny citizenship to people, and the positive benefits of birthright citizenship.
Here, I am going to attempt to flesh out what Donald Trump’s effort to dismantle the 14th amendment’s guarantee of citizenship for people born in the U.S. might look like and what it would mean for all of us. It is important to remember that Trump rarely speaks in terms of policy specifics. Instead, he carelessly tosses out grandiose, vague ideas and leaves it up to his underlings like Stephen Miller and Tom Homan to make actual policy out of them. Although Trump bluffs and lies frequently, he was very active on immigration in his last term, and there is no reason to think this second term will be any different.
Denial of U.S. Passports and Immigrant Petitions to Draw a Legal Challenge
I believe the most likely way that President-elect Trump would start his war on the 14th amendment would be to direct the U.S. Department of State to require that anyone applying for a U.S. passport provide proof that their parents had legal status when they were born. Inevitably, some people will not be able to meet this requirement, and their passport applications will be denied. This will draw legal challenges that will eventually make their way to the Supreme Court.
Another potential attack that Trump could make would be to direct U.S. Citizenship and Immigration Services (USCIS) to demand proof of parental status for any U.S. citizen who tries to petition for permanent resident status for their relative. If you are a U.S. citizen, you can petition for your spouse, child, or parent to obtain permanent resident status (a green card) by filing form I-130 with USCIS. Currently, the citizen petitioner only needs to show they were born in the U.S. to prove citizenship. Trump could add a requirement that they prove their parents were in lawful status when they were born. If they are unable to, then they will not be able to petition for their relatives to stay with them in the U.S.
The Supreme Court is stacked with right-wing, activist justices who have shown time and time again that they are perfectly willing to ignore the plain text of the law (in this case, the 14th amendment) if it suits their policy goals. There is a non-insignificant chance that they will ignore the text of the 14th amendment and upend over 100 years of settled law to rule by fiat that children born in the U.S. to undocumented parents are not granted citizenship at birth.
Of course, this is the goal of Miller, Homan, and the other anti-immigrant MAGA acolytes. They know that they are never going to get enough popular support for a constitutional amendment that would strip citizenship from children of undocumented parents. Their best hope is to draw a legal challenge and take their case to a MAGA-friendly Supreme Court in the hope that they will invalidate birthright citizenship through a court decision.
The Nightmare Scenario: Weaponizing ICE to Detain U.S. Citizens
The nightmare, dystopian scenario, which I touched on in my previous piece, would be for Donald Trump to direct U.S. Immigration and Customs Enforcement (ICE) to begin detaining people who were born in the U.S., but who cannot prove that their parents had lawful status when they were born. Think about how onerous of a requirement it would be to have to prove that your parents had lawful status when you were born. Most people from previous generations didn’t have any affirmative proof of citizenship, unless they naturalized. If your parents were born in the U.S., how can they prove their parents were in lawful status? What about their parents? Would you have to prove a chain of unbroken status dating back to the inception of the 14th amendment? It creates a potentially impossible standard in order to prove U.S. citizenship for anyone born in the U.S., let alone children with undocumented parents.
Let’s imagine the implications of a bad-faith Republican President like Trump aggressively challenging the citizenship of people born in the U.S. If someone is retroactively deemed to be a noncitizen, then they have likely been unlawfully present in the U.S. their entire life. Whenever they worked or voted in any U.S. election, they were doing so unlawfully. This would give ICE a way to detain virtually anyone that Donald Trump wanted to go after. Since this would apply to so many people, it could easily be used selectively against Trump’s enemies. It is worth highlighting that people in immigration detention suffer horrible conditions. People in immigration proceedings have no right to an attorney, and the government has substantial power to hold people in immigration detention without bond.
It is easy to see how a mass detention of people who should be citizens could be used in bad faith by the Trump administration to institute fascism in America. Any citizen who commits any kind of minor crime, or even requests a government benefit like food stamps, could suddenly face deportation if they can’t prove their parents had lawful status when they were born. There really is no bottom to how awful things could be if we lose the protection of birthright citizenship.
Although we cannot predict exactly how the new administration will go after the 14th amendment’s guarantee of birthright citizenship, it is important that we stand against it at every turn, because if we lose birthright citizenship, the country we are left with won’t be one that we recognize.
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Time and Again, Mass Deportations Have Failed—Trump’s Plans Will Be No Different
The real result from Trump’s deportation plans will be not mass removals of people, but massive time delays and wastes of both Americans’ time and money.
Nov 21, 2024
When a student in the 2000s, I was actively involved in immigrant raid response efforts that churches, labor unions, and community groups organized to mitigate the effects of then-President George W. Bush’s nationwide enforcement actions.
We took resources like clothes, food, and money to affected families in the states of Minnesota and Iowa, and conducted “Know Your Rights Trainings” for undocumented workers on what to do if Immigration and Customs Enforcement (ICE) agents went to their homes.
Since then, we have learned two things.
First is that enforcement actions, that is, arresting, detaining, and deporting people en masse, fail to stem the flow of undocumented migrants coming into the U.S. The Bush-era deportation machine didn’t stop the flow of people coming north, the lack of opportunities due to the 2007-08 financial crisis did. Deportations during President-elect Donald Trump’s first term paralleled what Bush did, but failed to reach Obama-era levels in terms of numbers. Still, Covid-19—not mass arrests—caused the drop in border crossings, illegal and legal. Crossings picked up post-pandemic with political and economic disasters in Central America and Venezuela driving people north.
How will it look with soldiers in camouflage arresting middle-aged workers picking lettuce?
The second thing we learned is how to play defense.
More to the point—in addition to remembering how to prepare immigrant communities for raids, groups like those I was part of grew to include politicians and lawyers who over the years generated sanctuary ordinances around the country that proved effective the first time Trump was in power. Accordingly, the tools for Trump’s mass deportation plan are well-known and his fantasy of addressing our ongoing immigration crisis by amping up arrests will fail.
Before parsing details, let’s make one thing clear—Trump’s immigration policies are mostly about generating fear, with little by way of serious substance. Just listen to incoming “Border Czar,” former ICE director Tom Homan, who promised “shock and awe”—the phrase used to inaugurate the U.S. war of aggression on Iraq in 2003—to describe the incoming administration’s approach to immigration policy.
Bombast and terror aside, we can expect that Biden-era policies like humanitarian parole for asylees from Nicaragua, Cuba, and Venezuela will be revoked. Restrictions on ICE concerning arrest priorities will also be lifted, like Trump did when he was first president. The president-elect has already said that his “Remain in Mexico” policy will return, which, for anyone trying to enter the United States to seek asylum, means that they cannot reside within the country while awaiting a court date. Trump will also seek resources from Congress to build a nonsensical wall that people desperately trying to get into the United States will either scale, dig under, or run around. Resources will also be sought for hiring additional border patrol agents and ICE officers.
Of the many problems Trump’s deportation machine will face, let’s start with this last one—personnel. Put simply, people don’t want to do Trump’s bidding. Nothing has changed in this regard since 2017, when he ordered the hiring of 5,000 additional agents to patrol the border. In 2018, just 118 people answered the call.
There is also the price tag for arresting and deporting the nearly 12 million undocumented people in the U.S., with estimates placing the cost of mass deportation at over $315 billion, shrinking the economy in the process by between 4% and 7%. Unphased, Trump has said that mass deportations “have no price tag.”
Trump may learn to regret those words, as besides money, the government will have to expend considerable time.
The reason is that the U.S. is a federal system where states and cities can, and have, created sanctuary policies. These ordinances, which are popular with law enforcement, stipulate that local police do their day-to-day jobs of providing security without collaborating with federal immigration authorities to arrest and deport undocumented people. Practically for immigrant justice, sanctuary policies gum up the deportation machine, making the federal government do its job alone. Despite what ill-informed critics claim, instead of creating a climate of murder and mayhem, sanctuary jurisdictions allow local police to work with federal agents when a person commits a violent crime.
There is also the idea that the military will be called to detain undocumented migrants, as Trump has mentioned.
Here the fear campaign is on full display. I mean, it’s scary to think that soldiers would be turned on undocumented people who live all around the country. Yet, pausing to think this through, the military does not have any special information as to the whereabouts of migrants. So, are we to expect military vehicles driving up and down city streets, with soldiers pointing rifles at people they suspect of being in the country illegally? Will the army storm farms around the country and detain half of the essential workers without status who make the food system operate? How will it look with soldiers in camouflage arresting middle-aged workers picking lettuce?
Regardless of the extent that Trump pushes mass arrests, he will for sure whine and complain about sanctuary policies, threatening the politicians who uphold them like he did in his first term. And like his first term, many politicians will resist. California Gov. Gavin Newsom and Illinois Gov. JB Pritzker are already gearing up.
For those areas outside of sanctuary jurisdiction, arrests may increase. This happened during Trump’s first time in power, especially in places like Florida’s Miami Dade county that repealed its sanctuary policies.
Here, the problem is that immigration courts are woefully under-resourced, reporting a backlog of 3 million cases. Some believe that doubling the number of judges will help address these cases—but by 2032. Mass arrests will only further jam up the system. Meanwhile, immigration lawyers are skilled at defending their clients, taking the time to search for how people can change their status, for instance if people have suffered domestic abuse or witnessed a crime.
This will be the real result from Trump’s deportation plans—not mass removals of people, but massive time delays and wastes of both Americans’ time and money.
Still, what is most important in this discussion are our immigrant movement networks. Before and during Trump’s first term, this movement has built an underground railroad of sorts, connecting immigrants with churches, legal resources, and meals if needed. And more critical than things, this movement has for years provided that one thing that Trump and his lackeys are working so hard to wrest from migrant communities—hope. That is, hope that there will be a better day for migrants and their allies to press serious politicians about making real reforms instead of being terrorized and living in fear.
Until that day comes, we fight on.
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