Democratic leaders and immigration advocates are mobilizing legal strategies to counter President-elect Donald Trump's promise to deport nearly 11 million undocumented immigrants, which he has described as "the largest deportation operation" in U.S. history.
Trump has said he is ready to declare a national emergency and deploy military resources to execute his immigration agenda. He has also pledged to expand a controversial travel ban targeting certain majority-Muslim countries. Trump confirmed his readiness on his social media platform, Truth Social, amplifying a comment by Tom Fitton, president of the conservative group Judicial Watch.
Earlier this month, Fitton posted that Trump was "prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program." Trump reposted the message, adding the caption "TRUE!!"
To carry out his plan for mass deportations, he has appointed several immigration hardliners to his cabinet and other top posts, including former Immigration and Customs Enforcement (ICE) Director Tom Homan as his "border czar" and Stephen Miller, the architect of some of Trump's toughest policies in his first term, as deputy chief of staff for policy.
California Attorney General Rob Bonta said his team has prepared legal briefs addressing issues such as deportations, birthright citizenship, Deferred Action for Childhood Arrivals (DACA), and sanctuary policies. "There will be pain and harm inflicted by him," Bonta told ABC News, adding, "To get to our immigrant communities in ways that are in violation of the law, they're going to have to go through me."
During Trump's first term, Bonta said that 80% of California's legal challenges against his immigration policies were successful. Leaders in other sanctuary states and cities, which limit cooperation with federal immigration authorities, are also bracing for legal battles.
Washington Attorney General Bob Ferguson, who defeated 55 Trump-era policies in court, said his office has been preparing for months. However, he said the Trump administration may be more prepared this time. "I anticipate that we will see less of the sloppiness we saw in the first term," Ferguson said.
Trump's team is considering using a rarely invoked section of the 1798 Alien and Sedition Acts to fast-track deportations without hearings. Advocates, including Lee Gelernt of the American Civil Liberties Union (ACLU), are planning immediate legal challenges. "They're going to try and use the military to summarily deport people," Gelernt said, adding that the ACLU is coordinating with other organizations to prepare lawsuits.
Legal experts warn the Supreme Court's current makeup, shaped by Trump's judicial appointments, could impact outcomes. Alina Das, co-director of the Immigrant Rights Clinic at NYU Law, said advocates are preparing for "the unimaginable" as they anticipate the next four years.
Trump's election has created new urgency for migrants' journeys northward. Coalitions of immigrant, civil, and human rights groups have urged President Joe Biden to implement measures protecting vulnerable immigrant populations. Meanwhile, south of the border, human smugglers and aspiring migrants are circulating a clear message: enter the U.S. quickly before Inauguration Day.
Experts warn stricter U.S. policies may push more migrants toward dangerous crossings, fueling organized crime and growing demand for cross-border human trafficking networks. Martha Bárcena, former Mexican ambassador to the U.S., said that people-smuggling profits now rival drug trafficking revenues.
"Organized crime is the biggest winner." Annual revenues from the human-smuggling business are estimated to range between $4 billion and $12 billion. Migrant smuggling now ranks alongside drugs and extortion as a top income stream for crime groups across Mexico, Central and South America, with around 80% of undocumented migrants relying on smugglers to navigate dangerous routes to the U.S.
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