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

DHS Funding During the Shutdown
Getty Images, Charles-McClintock Wilson

DHS Funding During the Shutdown

When Congress failed to approve funding for the Department of Homeland Security for the remainder of this fiscal year in February, almost all of its employees began to work without pay. That situation changed, however, on April 3, when President Donald Trump issued a memorandum ordering the DHS secretary and director of the Office of Management and Budget to “use funds that have a reasonable and logical nexus to the functions of DHS” to pay its employees and issue back pay.

Trump shifted money to avoid the political embarrassment that would be caused by the collapse of airport security screening through the actions of disgruntled agents and the disruption to air travel that would ensue. But it’s legally dubious.

Keep ReadingShow less
From Colombia to Connecticut: The urgent need to end FGM in the Americas

Journalists gather in front of the Connecticut State Capitol Building during a press conference on SB259 and an anti-FGM art installation

Bryna Subherwal, Equality Now

From Colombia to Connecticut: The urgent need to end FGM in the Americas

Across the Americas, hundreds of thousands of women and girls are living with or have undergone female genital mutilation (FGM). These affected populations are citizens and residents of countries where protections are incomplete, entirely focused on criminalisation, inconsistently enforced, or entirely absent.

FGM is not a “foreign” issue. It is a human rights violation unfolding within national borders, one that all governments in the Americas have the legal and moral responsibility to address.

Keep ReadingShow less
House Democrats and Republicans Clash over Free Speech in Higher Education

Rep. Burgess Owens, R-Utah, addresses the chamber in front of a portrait of George Miller.

(Matthew Junkroski / MEDILL)

House Democrats and Republicans Clash over Free Speech in Higher Education

WASHINGTON — Witnesses and representatives sat in silence as Rep. Burgess Owens, R-Utah, spoke about how universities should strive for intellectual diversity and introduce controversial ideas. Rep. Alma S. Adams, D-N.C., agreed with his rhetoric, but went on to criticize her Republican colleagues for standing in the way of free expression.

“Unfortunately, what we often see, especially in hearings like this, is not a good faith effort to strike that balance, but a selective narrative,” Adams said. “My colleagues on the other side of the aisle frequently claim that there’s a free speech crisis on college campuses, arguing that universities lack viewpoint diversity and silence certain perspectives.”

Keep ReadingShow less
Republican Attacks on Citizen Ballot Measures Undermine Democracy

Election workers process ballots at the Orange County Registrar of Voters one week after Election Day on November 12, 2024 in Santa Ana, California.

Getty Images, Mario Tama

Republican Attacks on Citizen Ballot Measures Undermine Democracy

In October 2020, Utah’s Republican Senator Mike Lee delivered a startling but revealing civics lesson in the aftermath of that year’s vice-presidential debate between Kamala Harris and Mike Pence. He tweeted, The United States is “not a democracy.”

“The word ‘democracy,’’’ Lee wrote, “appears nowhere in the Constitution, perhaps because our form of government is not a democracy. It’s a constitutional republic….Democracy isn’t the objective….” The senator said that the object of the Constitution was to promote “liberty, peace, and prospefity (sic).”

Keep ReadingShow less