President-elect Donald Trump has reiterated his commitment to the large-scale deportation of undocumented immigrants, asserting that financial costs will not deter this initiative.
In one of his initial statements following the election, Trump emphasized that strengthening the US-Mexico border would be a top priority once he takes office in January. “It’s not about a price tag. We have no choice,” Trump stated to the media.
Legal Challenges
According to recent statistics from the Department of Homeland Security and Pew Research, approximately 11 million undocumented immigrants currently reside in the US, with nearly 80% having lived there for over ten years.
Undocumented immigrants are entitled to due process, including a court hearing before deportation. Any significant increase in deportations would likely require an expansion of the immigration court system, which is already overwhelmed with backlogs.
Most deportation cases originate from local law enforcement rather than direct intervention from Immigration and Customs Enforcement (ICE). However, numerous major US cities and counties have enacted “sanctuary” policies, limiting local police cooperation with ICE. Trump has promised to target these sanctuary cities, but the complex interplay of local, state, and federal laws makes enforcement challenging.
Policy analyst Kathleen Bush-Joseph from the Migration Policy Institute notes that collaboration between ICE and local authorities would be “critical” to any large-scale deportation initiative. For instance, she highlighted that law enforcement agencies in Florida’s Broward and Palm Beach counties declared in August that they would not aid in any mass deportation effort. “Many other jurisdictions would also likely resist,” she explained, adding that this opposition complicates Trump’s proposed plan.
A mass deportation program would almost certainly be met with legal opposition from immigration and human rights organizations. However, a 2022 Supreme Court decision limits courts from halting immigration enforcement, meaning deportations could continue while legal challenges proceed.
Logistical Hurdles
Even if legally permitted, mass deportation presents significant logistical challenges. Under the Biden administration, deportations have largely focused on individuals recently detained at the border. The majority of deportations from the US interior involve individuals with criminal records or deemed threats to national security.
Experts, including Aaron Reichlin-Melnick, policy director at the American Immigration Council, express doubt that ICE’s workforce of 20,000 agents and support staff could manage the proposed scale of deportations. Reichlin-Melnick explained that the process is lengthy, starting with the identification and arrest of undocumented immigrants, followed by hearings in an overburdened court system. Further, each deportation requires the cooperation of the receiving country.
Trump has suggested involving the National Guard or military forces to support deportation efforts, though historically, the military’s role in immigration has been limited to border assistance.
In a recent interview with Time, Trump mentioned he would “not rule out” constructing new detention facilities and would consider granting police legal immunity from potential lawsuits. He suggested providing incentives for local police cooperation, hinting that those who refuse might miss out on certain benefits.
Additional Enforcement Needs
Eric Ruark, research director at NumbersUSA, a group that advocates for strict immigration control, emphasized that effective interior deportations must be paired with heightened border security. Ruark also pointed out the importance of cracking down on businesses that employ undocumented workers, arguing that the availability of jobs is a primary driver of unauthorized immigration.
