Cameron Miranda
Former US President Donald Trump has been accused of targeting immigrants and violating their legal rights. Trump has implemented several policies to restrict immigration, including the use of a World War II-era law to require some undocumented immigrants to register with the federal government. His administration has also sought to deport immigrants without due process and in disregard of court orders, leading to warnings from judges that he risks a public perception of lawlessness. Trump has also floated the idea of sending US citizens convicted of crimes to prisons in El Salvador, which experts say is illegal and unconstitutional. The Trump administration's actions have sparked protests and lawsuits from advocacy groups and others.
| Characteristics | Values |
|---|---|
| Denying immigrants the right to due process | Trump has ignored court orders and violated legal norms in his push to remove noncitizens |
| Deporting immigrants without judicial review | Trump has deported immigrants without allowing them a chance to apply for asylum or providing notice to judges |
| Requiring immigrants to register with the federal government | Trump has implemented a registration requirement for some undocumented immigrants, threatening criminal charges for those who do not comply |
| Using wartime laws to detain or deport non-citizens | Trump has utilized laws such as the Alien Enemies Act of 1798 to detain or deport non-citizens |
| Targeting independent institutions | Trump has targeted universities and law firms that have long cherished their independence from partisan politics |
| Increasing immigration enforcement | Trump has directed ICE to aggressively increase the number of arrests and has enlisted support from other agencies to ramp up immigration enforcement |
| Closing the border to illegal immigrants | Trump has signed an executive order suspending the physical entry of aliens engaged in an invasion of the US through the southern border |
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What You'll Learn
Trump's Registration Requirement for Immigrants
On January 20, 2025, President Trump issued Executive Order 14159, "Protecting the American People Against Invasion," which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government. The order also instructed federal prosecutors to prioritize criminal prosecutions for immigration-related offenses, including failure to register.
The registration rule, which came into effect on April 11, 2025, requires all immigrants who did not enter the US with a visa to register with the federal government and carry proof of their registration. This includes undocumented immigrants and those with legal status. The rule affects those aged 14 and older who were not registered and fingerprinted when applying for a US visa and who have remained in the US for 30 days or longer. Parents or legal guardians of aliens below the age of 14 must ensure their children are registered.
Failure to comply with the registration requirement can result in criminal charges, including a fine of up to $5,000 or up to six months' imprisonment for failure to register, and a fine of up to $5,000 or up to 30 days' imprisonment for failure to carry proof of registration. Additionally, aliens who fail to notify the government of a change of address within 10 days may face a fine of up to $200 or up to 30 days' imprisonment.
Critics argue that Trump's registration requirement is an attempt to make life difficult for undocumented immigrants and their families, with the hope that they will "self-deport." This concern is heightened by the administration's past efforts to undermine Plyler v. Doe, a Supreme Court decision guaranteeing all children equal access to basic public education regardless of immigration status.
The registration rule has raised concerns, particularly because similar registration processes have been used historically to target vulnerable groups. Signing up could be dangerous for undocumented immigrants, and the rule may lead to increased immigration detention and deportation.
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Trump's suggestion to send US citizens to foreign prisons
In April 2025, the Trump administration was reported to be exploring the legality of deporting US citizens to prisons in Central American countries, specifically El Salvador. President Trump told Fox News that his administration was ""looking into"" the possibility of sending ""homegrown criminals"" to foreign prisons. He added, "We are looking into it and we want to do it. I would love to do that."
Trump's suggestion was met with criticism from GOP Senator John Kennedy, who said he didn't believe the law allowed Trump to send domestic criminals to foreign prisons. Kennedy cited the Eighth Amendment to the Constitution, which bars "cruel and unusual" punishments, and asserted that the US has its own laws that should be followed. Criminal justice advocates agreed with this assessment, stating that sending US prisoners to foreign jails would violate the Constitution's Eighth Amendment.
Trump's comments came in the context of his administration's efforts to deport foreign citizen gang members and his desire to take a tough stance on crime. The White House press secretary, Karoline Leavitt, confirmed that the administration was examining the legality of sending US citizens to foreign prisons, specifically mentioning El Salvador as a potential destination.
Trump's suggestion raised concerns about his commitment to the rule of law and due process. Judges and legal experts warned that his administration's confrontation with the judiciary risked a public perception of lawlessness. The administration also faced criticism for its anti-immigrant policies, including threatening to prosecute undocumented immigrants who did not register with the government and targeting immigrants who were contributing members of society.
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Trump's border czar Thomas Homan's statement on sealing the borders
Trump's border czar, Thomas Homan, has been an outspoken supporter of Trump's hardline border policies and has repeatedly defended the administration's deportation efforts. Homan, a former ICE director, was appointed by Trump to oversee the largest deportation operation in the country's history.
Homan has made several statements regarding the sealing of US borders. In an interview with Fox Business, he stated that undocumented immigrants should "be afraid" under the Trump administration and that "all people are on the table" for deportation. He has also defended the controversial practice of family separation, stating that he was "sick and tired" of hearing about family separations and that there was no difference between an American child being separated from a parent who committed a crime within US borders.
In March 2025, Homan doubled down on the decision to defy a court order that barred the deportation of alleged Venezuelan gang members. He claimed that the deportation flights to El Salvador did not need to be turned back because they were already above international waters when the order came through. When asked about the administration's next steps, Homan responded, "I don't care what the judges think. [...] Another flight. Another flight every day."
Homan's statements reflect his strong support for Trump's aggressive immigration policies and his willingness to disregard legal challenges to carry out mass deportations. He has also expressed his intention to target "sanctuary" cities and revoke their federal funding, demonstrating a hardline approach to immigration enforcement.
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Trump's attacks on immigrants threatening their right to due process
In his second term, Donald Trump has continued to target immigrants, threatening their right to due process. Trump has made it clear that he will intensify his immigration crackdown, emboldened by close advisers like Stephen Miller. Miller has outlined plans for a "shock-and-awe blitz" of executive orders and actions that will target millions of immigrants and their families.
Trump's administration has been accused of undermining the fundamental right to due process by intimidating law firms, defying and threatening judges, and attempting to defund children's attorneys. The aim is to cut off immigrants' access to legal representation, making it easier to deport people and erode their civil liberties. In March 2025, Trump attacked attorneys and law firms in a memo, alleging that lawyers frequently coach clients to lie about their circumstances when asserting asylum claims. He asked for sanctions against attorneys and threatened to revoke their security clearances and federal contracts. This has discouraged attorneys from taking on immigration cases, as they are concerned for their own safety.
Trump's actions have resulted in a federal judge questioning the legality of his administration's authority to deport hundreds of migrants without due process. The judge, Boasberg, took issue with the Justice Department's disrespectful language towards him in their filings. Trump responded with attacks on Boasberg and the judiciary, claiming that the judge was trying to usurp his power. In another case, a Brown University professor was hastily deported, despite an order requiring the Trump administration to provide 48 hours' notice to the federal district judge overseeing her case.
Trump has also attempted to undermine Plyler v. Doe, a Supreme Court decision guaranteeing all children equal access to a basic public education, regardless of immigration status. His aide, Miller, reportedly ordered the Department of Education to cut off school funding to states that allowed undocumented students to enroll in public schools.
Furthermore, Trump has utilized the Alien Enemies Act of 1798, a wartime law granting the commander-in-chief authority to detain or deport non-citizens. This has sparked legal battles, with federal judges blocking his attempts to revoke the legal status and work permits of hundreds of thousands of migrants.
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Trump's use of the Alien Enemies Act of 1798
In 2025, the Trump administration used the Alien Enemies Act of 1798 to deport Venezuelan migrants accused of being members of the Tren de Aragua (TdA) gang. The act, passed in 1798 when the US believed it would enter a war with France, grants the president of the United States the power to order the detention and deportation of foreign enemies.
In his proclamation, Trump accused TdA of threatening an "invasion" of US territory and declared its members "liable to be apprehended, restrained, secured, and removed as alien enemies". The act states that "whenever there shall be a declared war [...] or any invasion or predatory incursion shall be perpetrated, attempted, or threatened" against the US, all "subjects of the hostile nation or government" could be "apprehended, restrained, secured and removed, as alien enemies".
Trump's use of the act was criticised by rights groups, including the American Civil Liberties Union (ACLU), which sued to stop the removals on the grounds that the US was not at war. Venezuela also criticised Trump's use of the act, saying it "unjustly criminalises Venezuelan migration".
The Supreme Court ruled that the Trump administration could use the act to deport alleged gang members, but that deportees must be given a chance to challenge their removal. This led to a legal back-and-forth, with a federal judge in Washington, DC, attempting to stop the use of the law, and the White House insisting that this had "no lawful basis".
The Alien Enemies Act has only been used three times previously, all during times of conflict involving the US. It was last invoked during World War Two when people of Japanese, German, and Italian ancestry were imprisoned without trial and sent to internment camps.
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Frequently asked questions
Yes, Trump has ignored court orders and violated legal norms in his push to remove non-citizens. He has also terminated a federally funded program that provides attorneys for unaccompanied children seeking asylum.
Yes, Trump has signed an executive order that suspends the physical entry of aliens engaged in an invasion of the United States through the southern border. He has also enlisted personnel from the FBI, DEA, ATF, and the Federal Bureau of Prisons to ramp up arrests of undocumented immigrants.
Yes, Trump has deported immigrants without providing the required notice to federal judges. He has also deported immigrants without giving them a chance to apply for asylum.
