Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Trump is dissolving Congress in plain sight, and immigration's a top example

Opinion

President Trump signs executive order

President Trump has been enabled by the Supreme Court, which has given the green light to his practice of governing through fiat, proclamations and executive orders, writes professor David Hernández.

Pool/Getty Images

Hernández is on leave this semester as an associate professor of Latina and Latino studies at Mount Holyoke College.

The Trump administration's power grab during the new coronavirus pandemic is well underway.

But even before the Covid-19 outbreak, President Trump was out-maneuvering the principal obligations of Congress — funding and providing oversight of the executive branch, and setting policy through legislation — by deploying executive orders, rule changes, fee schedules and international agreements to minimize the power of the legislative branch during his presidency.

The clearest and most calculated form of this congressional suspension can be found in immigration policy-making, seeking to change the flow of migration to this country while altering the democratic system of checks and balances.


Most dramatically, the administration has choked off the asylum process with both blunted tools, such as family separation, and refined instruments, such as the "remain in Mexico" Migrant Protection Protocols from the Department of Homeland Security and ludicrous safe third-country agreements.

On top of this has been a revolving door of "acting" directors for federal agencies, which is Trump's preference because those temporary appointments dodge the Senate confirmation process and evade existing laws for filling government vacancies. Trump buttresses his congressional end run with bombastic anti-immigrant rhetoric, inspiring violence against migrants, even telling non-white members of Congress to "go back" to where they came from.

Trump's authoritarianism, disdain for Congress and end runs around the legislative branch are on display daily, upending migration policies through both executive power and bureaucratic gamesmanship while the president avoids even proposing, much less signing, any legislation. Opening his presidency with two immigration enforcement executive orders and his versatile travel ban (targeting Muslims, then Africans and others, and now what he calls a "foreign virus"), Trump recently intensified his assault on lawful migration by instituting a "wealth test" on persons seeking entry and adjustment of status.

His pet project, the border wall, is being built with money taken from other congressional funding sources, and Trump has effectively rewritten the legislative appropriations process in order to punitively defund sanctuary cities.

The president has additional tools in the executive shed to keep Congress at bay. Besides name-calling and personal threats to adversaries, Trump has wielded pardons and even promises of pardons for supporters who commit crimes on his behalf. In addition, the running tally of false or misleading statements by the president, documented by The Washington Post , reached 16,241 (an average of 15 a day) only three years into his presidency. Such purported "alternative facts" challenge climate science, hurricane pathways and death tolls — and his own Centers for Disease Control and Prevention as the nation intensified its combat against the coronavirus.

The administration's patient and methodical diminishment of checks and balances has used existing administrative powers, and new ones invented as needed, to flout congressional authority. It is a sharp contrast to Trump's brazen policy decisions and reversals, and his plainly outrageous behavior. Who needs a Congress when you can openly defy it, even without the cover of a global pandemic, and take baby steps toward authoritarianism by legislating from the Oval Office?

Of course, Trump has had a partner in this effort. The Supreme Court is an active supporter of the president's agenda, rarely holding him in check and, more often, delivering special procedural favors and majority rulings to protect White House policies enacted through fiat, proclamations and executive orders.

In the immigration area alone, this has included permitting the administration to deny federal aid to sanctuary cities, pilfer funds from other programs for the border wall, maintain racially tinged travel bans and smother the asylum process.

Trump has meddled in the courts too, even recently demanding that Justices Ruth Bader Ginsburg and Sonia Sotomayor "recuse themselves on all ... Trump related matters!" But the conservative majority has sided with the president on most everything, benefitting "one litigant over all others," wrote Sotomayor. Trump and the high court have turned Congress into a despised middle child, dashing any illusions of a balance of coequal government branches.

With the Supreme Court firewall at the ready, the 2nd Circuit Court of Appeals recently punted on a case that effectively nullified Congress' subpoena power, ruling that when he was White House counsel Don McGahn was free to defy a congressional subpoena upon Trump's orders, potentially stifling all future investigations into the White House. Trump's rogue defiance — in fact, during the impeachment trial, Senate Republicans argued that the lack of subpoenas was evidence of an absence of due diligence by Democrats — is no longer rogue, but simply lawful.

The president and his bureaucrats have been proceeding diligently, dissolving Congress in plain sight by administrative means. This is Trump's central method for doing dirt, the supreme manifestation of his long-signaled views about authoritarianism — whether stiffing workers and contractors as a private citizen, pinning medals on his favorite extremists, pardoning friends or circumventing congressional power at every turn.

How this has shaped immigration policy is extremely important, but it's only one of so many examples.

Voters will have a say in November, we hope. But their elected representatives must start insisting on having much more of a say, before it's too late.


Read More

US America and China flags on chess king on a chessboard.

USA and China trade relations, cooperation strategy. US America and China flags on chess king on a chessboard.

Getty Images

America’s Gridlock Is Beijing’s Best Argument

Americans tend to treat democracy’s superiority as settled, and the long-run evidence backs them up. A major study by MIT economist Daron Acemoglu and colleagues found that countries that democratize end up about 20 percent richer per person within a generation. But most of the world does not grade governments on long-run studies. For billions of people outside the wealthy West, the test is simpler: does the power stay on, are food prices steady, is there work, and do the roads get built? When the stomach is empty, a ballot can feel like a luxury.

China understands this and sells its model on exactly those terms. Its GDP per capita has climbed from about $300 in 1980 to nearly $15,000 today, by IMF figures, and the World Bank credits it with lifting some 800 million people out of extreme poverty. India, the world’s largest democracy, started from a similar place and sits near $2,800. Beijing’s centralized system, paired with Deng Xiaoping’s market reforms, built power plants, factories and rail lines at a pace India’s more deliberative politics has not matched. Anyone who values liberty will find little to admire in that model. It does explain why the model sells.

Keep ReadingShow less
American soldier in headquarter control center

American soldier in headquarter control center

Getty Images

Why America Must Rethink Its Counterterrorism Strategy in Nigeria

When American forces conducted airstrikes against suspected Islamic State militants in northwest Nigeria on Christmas Day 2025, the operation signaled a renewal of security cooperation between Washington and Abuja. Yet for Nigerians living in communities plagued by terrorism, kidnapping, and armed attacks, a critical question remained: Will these strikes make their daily lives any safer?

That question demands serious consideration in Washington. The United States has spent decades helping Nigeria combat terrorism through military equipment, intelligence sharing, and tactical training. Yet, armed violence continues to disrupt daily life across northern Nigeria, raising doubts about how the effectiveness of American counterterrorism assistance should be measured.

Keep ReadingShow less
Pete Hegseth

US Secretary of Defense Pete Hegseth on October 28, 2026.

(Photo by Ezra Acayan/Getty Images)

Pete Hegseth and the High Price of Compromised Governance

Just days after a historic midterm election in which everyday Americans sent a clear, undeniable demand for political accountability and transparency, the halls of Congress have devolved into a new theater of crisis. Republican Representative Thomas Massie’s introduction of eight articles of impeachment against Secretary of Defense Pete Hegseth has thrown the Department—and the nation’s fragile democratic norms—into uncharted territory.

Massie, a longtime Trump critic who plans to retire from Congress at the end of the year, accuses Hegseth of bypassing Congress and violating constitutional limits on war powers.

Keep ReadingShow less
Close up of pharmacist hand taking meds from drawer

New federal law already targets PBM pricing and rebate practices. An opinion on why state pharmacy ownership bans go too far, and the freight-rail lesson.

Cris Cantón/Getty Images

State Healthcare Reforms Have Gone Off the Rails

Government generally has two ways to address problems in a marketplace. It can establish clear rules, target harmful conduct and let competition produce better outcomes. Or it can design the market itself by controlling business decisions and dictating how companies must operate. That is the decision facing lawmakers in healthcare today.

America's freight-rail experience shows what is at stake. For decades, the Interstate Commerce Commission controlled railroad rates, restricted routes and made it hard for carriers to shed unprofitable lines. Intended to stabilize an essential industry, the rules instead contributed to bankruptcies and lagging investment.

Keep ReadingShow less