Among President Donald Trump’s Executive Orders (EOs) bearing in some way in illegal immigration were ones: declaring an emergency on the southern border; ordering 1,600 troops to the border to support Immigration and Customs Enforcement (ICE); stopping the claiming of asylum at the border; revoking President Joe Biden’s EO granting special immigrant status to about 600,000 refugees from Venezuela’s Marxist dictatorship; increasing those eligible for “fast-track deportations”; declared drug cartels (which also engage in people smuggling) as “terrorists”; taking the Border Patrol asylum app off-line; and revoking an earlier ban on ICE raids on sanctuaries like churches, schools, and hospitals.[1]  In a blow at “sanctuary cities,” the Department of Justice threatened to prosecute state and local officials who refused to comply with deportation orders. 

The search for illegal immigrants got underway immediately.[2]  ICE corralled 5,000 illegal immigrants in the first weeks.  So did the expulsions.  Military planes began ferrying deportees back to their home countries.  Brazil, Mexico, and Columbia got the first returnees.  When Columbia tried to refuse, Trump threatened to slap a 25 percent tariff on imports from Columbia.  The president of Columbia caved-in. 

Democrats’ criticism of President Trump’s actions took three lines.  First, Trump’s EO modifying the eligibility for “birthright citizenship” met a barrage of denunciations from Democrats.  “The 14^th Amendment says what it means, and it means what it says” asserted Connecticut’s Attorney General.[3]  Twenty-two states sued to block the order. 

Second, some critics saw a much greater import to the “birthright” EO.  Closing the border on the grounds that the massive illegal immigration “constitute[s] and invasion” creates the possibility that President Trump could invoke the Alien Enemies Act,[4] and then deploy “extraordinary new powers.”  So, we’re closer to fascism in this view.  On the other hand, the half of the country that elected Trump supports the mass deportations of illegal immigrants, while the half that failed to elect Kamala Harris oppose mass deportations.[5]  So, we’re living with the results of a free and fair—if tight–election in this view. 

Third, it won’t work.  A human tide of people from troubled areas of the world want to get to places of greater safety and opportunity.  They will keep coming regardless of the measures taken to stop them.  “Migrants don’t simply disappear by wishing them away.”[6]  A Trump supporter could offer two counter-arguments.  On the one hand, look at the European model.  They pay foreign countries to block passage.  On the other hand, Trump isn’t wishing them away.  He’s launching a massive effort to actually stop migration.  Time will tell. 

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[1] “Asylum halted as immigration crackdown begins,” The Week, 31 January 2025, p. 5. 

[2] “Thousands arrested in immigration crackdown,” The Week, 7 February 2025, p. 5. 

[3] Which sounds a lot like “Originalism.”  Originalism – Wikipedia  That’s OK: John Marshall Harlan’s lonely dissent on Plessy v. Ferguson (1896) adopted the same perspective.  However, it is a hard swerve away from the well-established liberal position that the Constitution is a “living document” which jurist must interpret in light of changing times. 

[4] One of the Alien Sedition Acts passed in 1798; unlike the others, this Act won support from many Jeffersonians and was never repealed.  See: Alien and Sedition Acts – Wikipedia 

[5] “Poll Watch,” The Week, 7 February 2025, p. 17.  The Boston Globe put the share of supporters at 55 percent. 

[6] Juliette Kayyem in the Atlantic, quoted in “Thousands arrested in immigration crackdown,” The Week, 7 February 2025, p. 5.