One of Donald Trump’s first executive orders, titled “Protecting the American People Against Invasion,” signaled where the administration was headed. By characterizing migrants as invading the United States, Trump could take actions only be expected in times of war and lay the groundwork for an expansion of presidential powers.
Seizing on the invasion fantasy, Trump, in March, invoked the Alien Enemies Act of 1798, which had only been used during the War of 1812, World War I, and World War II, and was now being employed to target…Tren de Aragua, a Venezuelan gang that most Americans had probably never heard of. No one is going to defend violent gang activity, but taking such historic measures to go after Tren de Aragua looked like a Wag the Dog scenario to supercharge presidential authority.
We heard a bit about Tren de Aragua during the 2024 election, as false claims spread on social media that the gang had taken over an apartment complex in Aurora, Colorado. Trump amplified the rumors, saying at the time, “We have millions of people pouring into our country.… You look at Aurora in Colorado. They are taking over the towns. They’re taking over buildings. They’re going in violently.” And so, he continued, “We have to get them out.”
As Team Trump faces judicial restraints on its deportation plans, one of its leading voices started throwing around the idea of simply dismissing a core right. Top policy adviser Stephen Miller told reporters at the White House driveway on Friday that they are “actively looking” into suspending the writ of habeas corpus, which guarantees people the right to go to court to fight their detainment. “The Constitution is clear…the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said.
There’s a lot wrong with Miller’s statement. For one, habeas corpus is not a “privilege,” but a Constitutional right. And second, his use of the term “invasion” is the same fear-mongering language that Trump used to justify invoking the Alien Enemies Act.
Miller floating this radical idea could be a way of distracting reporters and the pundit class from talking about, say, Trump losing the trade war with China. His comments also came the same day a federal judge released Tufts student Rumeysa Ozturk and suggested her detainment could chill “the speech of the millions and millions of individuals in this country who are not citizens.”
By Chip Somodevilla/ Getty Images.
Indeed, one of the challenges in covering the Trump administration is that the president and his allies will say things to seemingly test the boundaries of what they can do (even if they may not actually follow through with actions). So the media has to keep things in perspective, and differentiate between words and actions.
But Trump’s authoritarian rhetoric can’t be dismissed outright, especially as he has talked about being a “dictator” and referred to himself as a “king” when proclaiming how he “saved” New York from congestion pricing. Such “joking” may be a way to soft-launch a radical idea; Trump can always fall back on saying he’s kidding if there’s significant criticism. But if he sees an opportunity, he may just keep going.
For that reason, it’s hard to simply ignore Miller’s musings, which, if not met with swift pushback, could seen as opening move. Not to mention, we’ve already witnessed what the Trump administration is willing to do under the guise of countering an “invasion.” It was also notable that Miller said a lot of what they do “depends on whether the courts do the right thing or not.”
Trumpworld is furious with the courts because the president keeps losing, including over invoking the Alien Enemies Act to deport migrants. And it’s not only judges appointed by Democrats weighing in; according to Bloomberg, “24% of federal district judges pausing or blocking the administration’s policies were appointed by Trump or other Republican presidents.” JD Vance and Elon Musk have complained bitterly about judges, a number of whom have come under threat after ruling against the administration. Trump, too, has lashed out at judges, presumably because, unlike Congress, which has ceded power to Trump, the judiciary continues doing its job.
It’s important to remember that Congress could stop Trump’s abuses of power tomorrow. And in fact, it is the legislative branch’s job to do so. But with both the House and Senate controlled by Republicans who are either on board with Trump’s agenda, or too scared to say otherwise, democracy is vulnerable to the whims of an authoritarian president. That’s why Americans need to keep pushing back in the courts as a way to counter Trump’s lawless maneuvers, along with being vocal publicly in opposing any attempts to rip our rights out from under us.
