May I suggest tracking as to whether or not the administration goes outside of Title 8 to expel individuals from the United States. Reportedly, they are looking for an excuse to return to the use of Title 42. Then there are the fantasies about using the Alien Enemy Act due to an invasion.
Rational, compassionate, and pro-business immigration reform could easily occur. If big business leaders, The US Chamber of Commerce, Rotary Club, and other small business advocacy leaders demanded immigration reform that enabled them to legally hire immigrant labor, we would have reform in weeks. As long as big and small businesses can hire undocumented labor with no real consequences, businesses will funnel dark campaign money to anti-immigration politicians. If the CEO's & Board of Directors of Big Ag, Big Health Care, etc, were sent to jail for hiring undocumented workers, Trump, Stephen Miller, Steve Bannon, the right wing media machine, and his cruel followers, would suddenly find themselves drown out by Big Businesses money.
The anti-Immigration movement has NEVER been about American's national security; It has always been about prejudice and irrational fear. The biggest funders of anti-immigration groups are heirs of some of The Robber Bannon families. Their roots are in eugenics and a belief in Northern European superiority.
We can fix immigration which will benefit big and small businesses, our economy and immigrants. Shame on Big business! They prefer to maximize their shareholder profits over democracy, truthfulness, and compassion.
As a proud descendent of Sicilian immigrants, I see the same hate and fear tactics used by early 20th Century anti-immigration groups. Instead of Southern & Eastern Europeans and Jewish immigrants, present day undesirables are Mexicans, Central Americans, South Americans, Muslims, and the wrong kind of Asians (wealthy Chinese are okay, but not the ones working in restaurants).
It amazes me how ignorant many people are of the benefits of immigration and how easily they dismiss the economic harm massive deportation will cause. Perhaps coordinated strikes in red states would wake them up. In order to lessen the financial impact on the workers, the strikes could hit different industries at different times, with each strike being of a short duration. For example, since the Trump supporting dairy farmer said the US has a 2 day food supply, schedule the agricultural and food processing strike for 3-4 days every month or so. This type of targeted industrial action occurs often in Europe.
Hey we were told by several people, including large numbers of Latinos, that Trump’s campaign rhetoric was just that, rhetoric. So there is nothing to worry about. Good luck guys, you are going to need it.
Yō Adrian: before breathing fire to emblazon your name in the current lexicon, please take a beat. So you are on Bulwark! Congrats. STOP prophesizing and wait until the rubber meets the road. Meet the moment dude or else you are the same stupid as we already know. Chill.
I've discovered a FREE app for people at risk of deportation to understand their rights. It explains how to prepare for a possible encounter, what you should and shouldn't do and say to law-enforcement personnel, what to do if you're detained, and how to document the incident. The app is easy to use and available in 12 languages and again, FREE. Check it out at https://your-rights.org.
An excellent piece that gives much food for thought about the very real implications of the abstract, sweeping policy called 'mass deportation'. As others have stated, I would love to see additional perspectives such as those of the employers of these folks.
I think it is going to shock people to realize who among those they interact with is undocumented and at risk. Looking forward (sorry, bad word choice given the horrors to come) to on-going coverage when people just start to disappear, either because they are detained or go into the shadows deeper to avoid it. Thank you for your work.
I’m white and grew up in a time (1950s and 60s) and in a rural area where people who were not white didn’t seem quite real. Your first post for The Bulwark broke through my scarcely realized assumption that immigration was all about the border. Your next post pushed me to learn about distinctions among asylum seekers, refugees, immigrants, and migrants. This one describes some practical steps immigrants at risk must take (leave the phone at home, arrange for somebody to take care of the puppy). It’s a tumble of heartbreak and admiration for immigrants’ strength, resilience and determination.
A beautiful, thoughtful comment. It means something that readers not just enjoy the work but also learn something or challenge earlier beliefs. Thank you for taking the time to share this. Have a great weekend.
Title 8 of the US Code contains a myriad of statutes penalizing illegal entry, reentry, transporting, harboring, etc of persons who are in the US without lawful permission. Depending on the facts, jail time ranges from effective probation to 20 years or more, with higher punishment for repeat offenders. Within these statutes, and, again, depending on the facts, there are many verbs which can be construed as applying to those who employ these undocumented persons. Should a “tough on illegal immigration” Department of Justice begin charging these employers with aiding and abetting or conspiring with the undocumented employees to violate and repeatedly violate federal law, the “broken” immigration system would be changed.
This obviously does not address the immediacy of the inhumane mass deportations, and unconscionable breakup of families that have been promised, but it 1) would illuminate the scope of the issues, and 2) provide avenues for questions during confirmation hearings.
I appreciate the insights of those interviewed here. Trump, Tom Homan, Stephen Miller - they're all likely dreaming about "shock and awe" - but they haven't read Mark Hertling's Bulwark piece today on that topic. You should. Then look again at what several of Adrian's interviewees said. People are preparing. There will be chaos, fog, cruelty, much uncertainty. I'm certain many will NOT be awed. Probably not even that shocked, because we can anticipate what may be coming.
Trump & MAGA, however, are self-certain & over-confident. They don't have the common sense of the Marine who sat next to Hertling in class and observed, “perhaps this professor who’s never worn the uniform doesn’t understand how tough it really is in combat” - by which I mean, Trump & his underlings haven't walked for days through jungle & desert; they haven't lived in the shadows or under the radar; they haven't gone hungry, sacrificed much for very little; survived on hope & prayer.
Some are awake at night because they are preparing themselves to survive new challenges. Many have become good at it. We shall see, brothers and sisters
I am seriously wanting to see what plans (if any) the Trump regimes has to track down and deport the 750,000 white European, Israeli and east Asian people who have overstayed their visas. Or is this, as it seems, all about brown and black people?
The real purpose of the mass deportations beyond their propaganda value is to land an inevitable case before the Supreme Court that will clarify the murky status of "illegal aliens" under the protections of the Constitution. Heretofore the courts have been as liberal as possible to protect as many as possible with due process protections. However there has never been a black and white affirmation of those rights for anyone not present with legal status. This will be the opportunity to get that clarity in a way that favors the Trump regime's program.
All Trump has to show the court is evidence that the concerns raised in this article have been anticipated and addressed like wrongful deportation. Whether such policies and procedures are effective or efficient would be the subject of litigation beyond the scope of the program itself.
Also one of the propaganda efforts of the Trump regime will be to televise and flood the social media with coverage of well orchestrated, planned and executed deportation events. First to signal they are serious and the more aggressive the enforcement the more the majority of Americans will feel like action is taking place to solve the problem. In other words the effectiveness of the program has less value than the messaging.
Also one of the contributors hinted at physical resistance and I am pretty sure that will actually feed into the already unfavorable attitudes of nativists. Remember that for Trump the obvious cruelty of any policy is a selling point and not a liability. Family separation will be considered a good thing by them.
The Equal Protection Clause of the 14th Amendment requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. Both the 4th Amendment (illegal searches and seizures) and 5th Amendment (due process) protections by their terms apply to “persons.” Additionally, many federal statutes based on these protections are worded to provide civil rights protections to all those “present in the United States.”
"...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
I am sure that several Republican Justices are prepared to reinterpret the text as they have done with section 3 of this amendment and their invention of presidential immunity for criminal acts done under the color of official acts and having decided that a bribe isn't a bribe as long as delivery of the "gift" used to induce the behavior is delivered after and not before.
I would agree with you IF we were dealing with a court of even a decade ago. BUT this Court is more than happy to dispose of precedents that have been accepted for decades and even centuries.
Were we dealing with a judiciary from even twenty years ago I would agree with you
The operative phrases are "due process" and the meaning of "equal protection."
Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. As long as they have a reasonably fair process that is intended to be equally applied to all persons in a similar legal position THIS Supreme Court will uphold the Trump regime.
Harley - "well orchestrated" LOL. One of the strategies is to outsource the efforts to local law enforcement, with incentives like homeland security funds and cop toys like hummers, body armor, drones, etc. When Barney Fife or the MAGA sheriff get this credit-carte-blanche go-ahead, it's likely that civil liberties will take a back seat (probably not even along for the ride). Of course, if anything really ugly gets out in the press, Tom Homan can blame the low-level cops for their over-enthusiasm, with Trump bleating on Fox that "Arrest 'em hard. I'll pay for their lawyers" - we've already seen that show, right? So we get the meanness & the fear and the administration gets a slightly plausible deniability, at least in his royal court media; mainstream will report as if legal niceties WERE intended, but just got a lost in carrying out the shock'n'awe. Best of both worlds for Trump.
Your thought about getting some issues before the Supremes - but of course!
Our Governor in Florida is pushing to get a law passed that he can remove any sheriff or police chief for failing to enforce whatever policy the Trump regime comes up with. Also he wants to use the national guard and our state guard (his personal military police) to "supplement" local law enforcement.
I do believe this is is opening move for his presidential campaign for 2028.
"Your Rights" is a free app that helps people understand and assert their legal rights during an immigration-enforcement encounter. It explains how to prepare for a possible encounter, what one should and shouldn't do and say to law-enforcement personnel, what to do if detained, and how to document the incident. The app is easy to use and available in 12 languages. Please pass along the link to anyone who might benefit from it: https://your-rights.org.
May I suggest tracking as to whether or not the administration goes outside of Title 8 to expel individuals from the United States. Reportedly, they are looking for an excuse to return to the use of Title 42. Then there are the fantasies about using the Alien Enemy Act due to an invasion.
Rational, compassionate, and pro-business immigration reform could easily occur. If big business leaders, The US Chamber of Commerce, Rotary Club, and other small business advocacy leaders demanded immigration reform that enabled them to legally hire immigrant labor, we would have reform in weeks. As long as big and small businesses can hire undocumented labor with no real consequences, businesses will funnel dark campaign money to anti-immigration politicians. If the CEO's & Board of Directors of Big Ag, Big Health Care, etc, were sent to jail for hiring undocumented workers, Trump, Stephen Miller, Steve Bannon, the right wing media machine, and his cruel followers, would suddenly find themselves drown out by Big Businesses money.
The anti-Immigration movement has NEVER been about American's national security; It has always been about prejudice and irrational fear. The biggest funders of anti-immigration groups are heirs of some of The Robber Bannon families. Their roots are in eugenics and a belief in Northern European superiority.
We can fix immigration which will benefit big and small businesses, our economy and immigrants. Shame on Big business! They prefer to maximize their shareholder profits over democracy, truthfulness, and compassion.
As a proud descendent of Sicilian immigrants, I see the same hate and fear tactics used by early 20th Century anti-immigration groups. Instead of Southern & Eastern Europeans and Jewish immigrants, present day undesirables are Mexicans, Central Americans, South Americans, Muslims, and the wrong kind of Asians (wealthy Chinese are okay, but not the ones working in restaurants).
It amazes me how ignorant many people are of the benefits of immigration and how easily they dismiss the economic harm massive deportation will cause. Perhaps coordinated strikes in red states would wake them up. In order to lessen the financial impact on the workers, the strikes could hit different industries at different times, with each strike being of a short duration. For example, since the Trump supporting dairy farmer said the US has a 2 day food supply, schedule the agricultural and food processing strike for 3-4 days every month or so. This type of targeted industrial action occurs often in Europe.
Thank you Adrian.
Hey we were told by several people, including large numbers of Latinos, that Trump’s campaign rhetoric was just that, rhetoric. So there is nothing to worry about. Good luck guys, you are going to need it.
Yō Adrian: before breathing fire to emblazon your name in the current lexicon, please take a beat. So you are on Bulwark! Congrats. STOP prophesizing and wait until the rubber meets the road. Meet the moment dude or else you are the same stupid as we already know. Chill.
I've discovered a FREE app for people at risk of deportation to understand their rights. It explains how to prepare for a possible encounter, what you should and shouldn't do and say to law-enforcement personnel, what to do if you're detained, and how to document the incident. The app is easy to use and available in 12 languages and again, FREE. Check it out at https://your-rights.org.
An excellent piece that gives much food for thought about the very real implications of the abstract, sweeping policy called 'mass deportation'. As others have stated, I would love to see additional perspectives such as those of the employers of these folks.
I think it is going to shock people to realize who among those they interact with is undocumented and at risk. Looking forward (sorry, bad word choice given the horrors to come) to on-going coverage when people just start to disappear, either because they are detained or go into the shadows deeper to avoid it. Thank you for your work.
Fantastic, Adrian!! You are greatly appreciated. So happy you are here.
I’m white and grew up in a time (1950s and 60s) and in a rural area where people who were not white didn’t seem quite real. Your first post for The Bulwark broke through my scarcely realized assumption that immigration was all about the border. Your next post pushed me to learn about distinctions among asylum seekers, refugees, immigrants, and migrants. This one describes some practical steps immigrants at risk must take (leave the phone at home, arrange for somebody to take care of the puppy). It’s a tumble of heartbreak and admiration for immigrants’ strength, resilience and determination.
Thank you, Adrian. You’re doing God’s work.
A beautiful, thoughtful comment. It means something that readers not just enjoy the work but also learn something or challenge earlier beliefs. Thank you for taking the time to share this. Have a great weekend.
It is good. I would have appreciated an expert from the business/labor economics/agriculture side of things - looking fwd to your coverage
Title 8 of the US Code contains a myriad of statutes penalizing illegal entry, reentry, transporting, harboring, etc of persons who are in the US without lawful permission. Depending on the facts, jail time ranges from effective probation to 20 years or more, with higher punishment for repeat offenders. Within these statutes, and, again, depending on the facts, there are many verbs which can be construed as applying to those who employ these undocumented persons. Should a “tough on illegal immigration” Department of Justice begin charging these employers with aiding and abetting or conspiring with the undocumented employees to violate and repeatedly violate federal law, the “broken” immigration system would be changed.
This obviously does not address the immediacy of the inhumane mass deportations, and unconscionable breakup of families that have been promised, but it 1) would illuminate the scope of the issues, and 2) provide avenues for questions during confirmation hearings.
I appreciate the insights of those interviewed here. Trump, Tom Homan, Stephen Miller - they're all likely dreaming about "shock and awe" - but they haven't read Mark Hertling's Bulwark piece today on that topic. You should. Then look again at what several of Adrian's interviewees said. People are preparing. There will be chaos, fog, cruelty, much uncertainty. I'm certain many will NOT be awed. Probably not even that shocked, because we can anticipate what may be coming.
Trump & MAGA, however, are self-certain & over-confident. They don't have the common sense of the Marine who sat next to Hertling in class and observed, “perhaps this professor who’s never worn the uniform doesn’t understand how tough it really is in combat” - by which I mean, Trump & his underlings haven't walked for days through jungle & desert; they haven't lived in the shadows or under the radar; they haven't gone hungry, sacrificed much for very little; survived on hope & prayer.
Some are awake at night because they are preparing themselves to survive new challenges. Many have become good at it. We shall see, brothers and sisters
I am seriously wanting to see what plans (if any) the Trump regimes has to track down and deport the 750,000 white European, Israeli and east Asian people who have overstayed their visas. Or is this, as it seems, all about brown and black people?
Harley - I'm thinking that there's one o'them rhetorical questions 😉
Or, just straight up sarcasm!
The real purpose of the mass deportations beyond their propaganda value is to land an inevitable case before the Supreme Court that will clarify the murky status of "illegal aliens" under the protections of the Constitution. Heretofore the courts have been as liberal as possible to protect as many as possible with due process protections. However there has never been a black and white affirmation of those rights for anyone not present with legal status. This will be the opportunity to get that clarity in a way that favors the Trump regime's program.
All Trump has to show the court is evidence that the concerns raised in this article have been anticipated and addressed like wrongful deportation. Whether such policies and procedures are effective or efficient would be the subject of litigation beyond the scope of the program itself.
Also one of the propaganda efforts of the Trump regime will be to televise and flood the social media with coverage of well orchestrated, planned and executed deportation events. First to signal they are serious and the more aggressive the enforcement the more the majority of Americans will feel like action is taking place to solve the problem. In other words the effectiveness of the program has less value than the messaging.
Also one of the contributors hinted at physical resistance and I am pretty sure that will actually feed into the already unfavorable attitudes of nativists. Remember that for Trump the obvious cruelty of any policy is a selling point and not a liability. Family separation will be considered a good thing by them.
The Equal Protection Clause of the 14th Amendment requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. Both the 4th Amendment (illegal searches and seizures) and 5th Amendment (due process) protections by their terms apply to “persons.” Additionally, many federal statutes based on these protections are worded to provide civil rights protections to all those “present in the United States.”
Black, White, and Brown.
"...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
I am sure that several Republican Justices are prepared to reinterpret the text as they have done with section 3 of this amendment and their invention of presidential immunity for criminal acts done under the color of official acts and having decided that a bribe isn't a bribe as long as delivery of the "gift" used to induce the behavior is delivered after and not before.
I would agree with you IF we were dealing with a court of even a decade ago. BUT this Court is more than happy to dispose of precedents that have been accepted for decades and even centuries.
Were we dealing with a judiciary from even twenty years ago I would agree with you
The operative phrases are "due process" and the meaning of "equal protection."
Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. As long as they have a reasonably fair process that is intended to be equally applied to all persons in a similar legal position THIS Supreme Court will uphold the Trump regime.
Harley - "well orchestrated" LOL. One of the strategies is to outsource the efforts to local law enforcement, with incentives like homeland security funds and cop toys like hummers, body armor, drones, etc. When Barney Fife or the MAGA sheriff get this credit-carte-blanche go-ahead, it's likely that civil liberties will take a back seat (probably not even along for the ride). Of course, if anything really ugly gets out in the press, Tom Homan can blame the low-level cops for their over-enthusiasm, with Trump bleating on Fox that "Arrest 'em hard. I'll pay for their lawyers" - we've already seen that show, right? So we get the meanness & the fear and the administration gets a slightly plausible deniability, at least in his royal court media; mainstream will report as if legal niceties WERE intended, but just got a lost in carrying out the shock'n'awe. Best of both worlds for Trump.
Your thought about getting some issues before the Supremes - but of course!
Our Governor in Florida is pushing to get a law passed that he can remove any sheriff or police chief for failing to enforce whatever policy the Trump regime comes up with. Also he wants to use the national guard and our state guard (his personal military police) to "supplement" local law enforcement.
I do believe this is is opening move for his presidential campaign for 2028.
"Your Rights" is a free app that helps people understand and assert their legal rights during an immigration-enforcement encounter. It explains how to prepare for a possible encounter, what one should and shouldn't do and say to law-enforcement personnel, what to do if detained, and how to document the incident. The app is easy to use and available in 12 languages. Please pass along the link to anyone who might benefit from it: https://your-rights.org.
Thank you, David! That's indeed a good resource. Educational for EVERYONE, not just immigrants or others at risk.