In a bold move signaling his approach to immigration and national security, President-elect Donald Trump announced plans to declare a national emergency once he assumes office, a step that would enable him to use military assets in conducting a large-scale deportation operation targeting individuals with criminal convictions.
According to Trump’s incoming Border Czar, Thomas Homan, the new administration will prioritize the removal of illegal immigrants who pose public safety or national security threats. In an exclusive interview with News Nation's Chris Cuomo, Homan revealed that a significant number of individuals currently living in the United States have criminal convictions. "Last time I looked at the data, we have over 700,000 illegal aliens in this country that have a criminal conviction and a final order that walk the streets," Homan said.
Mass Deportation Program
This announcement marks a dramatic shift in Trump’s immigration strategy, reminiscent of his previous rhetoric during his first term, though it comes with a new twist—the use of military resources for deportation operations. The move is set to build on the groundwork laid by Trump’s previous border security initiatives, including the declaration of a national emergency in February 2019, which cited a "border security and humanitarian crisis" as a threat to national security. At that time, Trump moved to deploy troops to the southern border, though their role was limited to logistical and support tasks, rather than direct law enforcement operations.
A transition team spokesperson emphasized that Trump's plan would be far more expansive. “President Trump will marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers in American history while simultaneously lowering costs for families,” the spokesperson stated.
Military Deployment for Deportations
The idea of using military forces for a deportation operation is unprecedented in U.S. history. While the military has been used for border security and support in the past, including the deployment of 5,000 troops to the southern border in 2018 under Trump’s orders to "harden" points of entry, it has never been used for active deportations. The military presence at the border during Trump's first term was largely unarmed, with soldiers constructing barriers and providing logistical assistance to border agents, rather than engaging in direct law enforcement activities.
Under the new plan, however, military assets would play a central role in rounding up and deporting individuals. While details of the specific military involvement remain unclear, the broad strokes of the plan suggest that a more aggressive use of military resources will be employed to expedite deportations, particularly for those with serious criminal backgrounds.
Legal Basis: The 1798 Aliens Enemies Act
To justify the use of military assets in deportation operations, Trump pointed to the 1798 Aliens Enemies Act, a law passed during the presidency of John Adams. According to the Constitution Center, this act grants the president unilateral authority to deport non-citizens who are subjects of foreign enemies or considered threats to the country.
The law has been invoked only three times in U.S. history: during the War of 1812, World War I, and World War II, when foreign nationals considered to be enemies of the state were detained or deported. While the law was originally intended for times of war, its application to a large-scale deportation program could set a new legal precedent.
Trump's assertion that he will use this law to remove individuals with criminal convictions raises questions about its potential legal and constitutional challenges. Critics may argue that the law was never designed for such a broad, domestic application, particularly in a time of relative peace. The plan's legal viability could become a significant issue as Trump prepares to take office.
National Security and Public Safety Threats
The incoming administration’s primary focus for deportation, as outlined by Homan, will be those individuals considered a threat to public safety and national security. "The priorities for the deportation operation are public safety threats and national security threats," Homan explained. The Trump team’s emphasis on deporting individuals with criminal convictions is likely to garner support from certain segments of the public, particularly those who view immigration as a source of increased crime.
However, the plan also raises concerns about the broader implications for undocumented immigrants who have not been involved in criminal activity. Critics argue that mass deportation operations targeting large swathes of the undocumented population could result in a humanitarian crisis and strain the nation’s resources.
A Divisive Plan
Trump’s deportation initiative is likely to be a flashpoint in the ongoing national debate over immigration. Supporters argue that such actions are necessary for national security and public safety, while opponents decry them as inhumane and likely to tear apart families.
In addition to potential legal battles, the operation could spark protests and legal challenges from civil rights organizations, many of which have expressed concern over the militarization of immigration enforcement and the potential for human rights violations. Already, advocates for immigrant communities have criticized the use of military assets for domestic law enforcement tasks, suggesting that it could lead to the targeting of vulnerable populations.
History of National Emergency Declarations
Trump’s planned national emergency declaration would follow his previous emergency declaration in 2019, which he argued was necessary to address a national security crisis at the southern border. That declaration allowed him to redirect military funds to build a border wall, though the move was overturned by Congress and eventually rescinded by President Joe Biden on his first day in office.
The precedent for using national emergency powers to address immigration and border security issues, while controversial, has existed for several years. However, Trump’s decision to invoke military resources in a deportation program raises the stakes for the upcoming administration, as it could alter the way the United States approaches both immigration enforcement and the role of the military in civilian affairs.
Conclusion
As President-elect Trump prepares to take office, his proposed mass deportation program, backed by a national emergency declaration, promises to be one of the most contentious and high-profile policies of his administration. With military assets set to play a central role, the plan could redefine the landscape of U.S. immigration enforcement, while also triggering significant legal and political battles in the months and years to come.
