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Within moments of his second inauguration, President Donald Trump outlined an aggressive agenda to tackle unauthorized border crossings and deportation of undocumented immigrants. These measures signal the administration’s intent to act swiftly on immigration reforms, which were central to Trump’s campaign promises.
Trump Declaring a National Emergency
President Trump announced a national emergency at the southern border to secure funding for expanding the border wall and ramping up border enforcement. “As Commander in Chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do,” Trump stated. The emergency declaration allows the administration to redirect military funds for wall construction, bolster border operations, and deploy troops to halt what Trump described as a “disastrous invasion.”
Trump Reinstating the “Remain in Mexico” Policy
The President plans to reinstate the controversial “Remain in Mexico” policy, which requires asylum seekers to wait outside the U.S. while their cases are processed. This move, which hinges on cooperation from the Mexican government, was a hallmark of Trump’s first term. Additionally, Trump pledged to designate specific drug cartels as “foreign terrorist organizations,” intensifying the administration’s approach to combating cross-border crime.
Trump’s Proposals for Birthright Citizenship and Police Involvement
Trump also reiterated his intent to revoke birthright citizenship, a measure currently protected by the 14th Amendment of the U.S. Constitution. His administration aims to leverage the 1798 Alien Enemies Act to press state and local law enforcement into assisting with the arrest and deportation of undocumented immigrants.
The consequences of Trump’s policies were felt almost instantly. Asylum seekers waiting at border crossings in Mexico reported canceled appointments arranged through the CBP One app, a program introduced by the Biden Administration to streamline asylum applications and reduce unauthorized crossings. The abrupt cancellation of the program left many in limbo, sparking uncertainty about the future of asylum processing.
Legal and Judicial Challenges
Trump’s actions are expected to face significant legal hurdles. A similar emergency declaration in 2019, aimed at reallocating military funds for the border wall, was blocked by courts. At the time, judges ruled that military construction projects needed to directly support military deployments.
Critics, including Elizabeth Goitein, senior director of the Brennan Center’s Liberty and National Security Program, argue that Trump’s use of emergency powers is unwarranted. “This is an abuse of emergency powers for the same reason it was before,” Goitein explained. “Emergency powers are not meant to address long-standing problems that Congress has the power to solve.”
Goitein also pointed out that unlawful border crossings have been declining in recent months, further challenging the justification for invoking emergency powers. Critics view these measures as an overreach of executive authority and anticipate robust legal opposition.
