The current administration led by Trump has initiated a fast-paced tightening of immigration policies. Federal agents are conducting regular raids in multiple cities across the country such as Denver, Chicago, New York, and Miami. Social media is awash with photos and videos of law enforcement officers in body armor arresting individuals.
Notably, it’s the administration’s executive orders and their crafted language that holds significant implications. The specific terminology utilized in these orders possesses a substantial amount of power and bestows substantial authority on the president.
If we scrutinize the executive orders aimed at safeguarding the United States from foreign terrorists and threats to national security and public wellbeing, the usage of words like ‘terror’ and ‘terrorist’ carries significant weight. Terrorism is a concept we’re all familiar with due to historical events.
However, it’s important to underscore that organized crime originating from Mexico or Latin America doesn’t equate to terrorism. While lives are tragically lost, the primary goal of these organized criminal organizations is not to overthrow a particular government.
Asking to label these crime groups as ‘terrorists’ is a somewhat of a mischaracterization. However, it becomes more seamless to detain, imprison, and deport immigrants under the framework of being connected to ‘terrorist organizations’, thus bypassing the standard due process that even foreign nationals can claim right to.
Due to this context, it becomes logistically simpler for Trump to carry out large-scale deportations within this adjusted legal setup. To understand the depth of these changes, it would be helpful to look at the due process prior to these executive orders.
Formerly, even those without confirmed resident status but who lived in the United States for several years were not instantaneously expelled from the country. They possessed the right to argue their case in an immigration court. Regardless of the ultimate outcome—frequently deportation—deportation proceedings were regulated by a system of laws.
Through the new executive orders, immigrants are now seen as enemy combatants, hastening the possibility for expedited deportation. Another intriguing term frequently seen in these orders is ‘invasion’. This wording greatly alters the weight and implications of the orders.
By characterizing the influx of immigrants as an ‘invasion’, the president can claim a state of emergency, potentially deploying active-duty military personnel to the U.S.-Mexico border. The trope of invasion also opens up the possibility of leveraging military planes for deportation purposes.
However, the reality paints a different picture. Individuals seeking asylum, lone minors, and other immigrants arriving at the border do not come armed with weapons nor do they intend to seize control or proclaim independence. Hence, using the term ‘invasion’ is perhaps misleading.
Nevertheless, this phrasing facilitates opportunities for Trump to tap into budgets from entities such as The Pentagon for enforcing immigration rules. The million-dollar question that arises from this scenario, however, is, ‘what does the future hold?’
In an intriguing development, Trump has brought up the Alien Enemies Act of 1798. This act states that during an active war situation, only The United States can decide to detain, imprison, and deport foreign citizens.
Despite this emphasis on wartime, Trump has not officially announced war against any nation. Therefore, by all accounts, we are in a time of peace and the conditions for implementing the Alien Enemies Act do not exist.
Nonetheless, the administration leverages war rhetoric and continually projects images suggesting the country is in a state of war. The intention possibly seeks to revive the spirit of unity and patriotism that emerged after the 9/11 attacks.
However, the reality of today is different and it’s crucial to comprehend this context as the administration continues forging its path in matters regarding immigration policies and national security.