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9/11
Report Details How Post-9/11 Legal Policies Laid Groundwork for Trump 'Terrorizing Migrants'
A legal expert explores how the administration is "weaponizing the law... to effectuate a widespread harassment and mass deportation campaign that is more akin to ethnic cleansing than routine immigration enforcement."
May 05, 2026
President Donald Trump's taxpayer-funded mass deportation campaign has tormented communities across the country with militarized federal agents, killed immigrants and US citizens alike, abused demonstrators and detainees of all ages, and sparked fears of an expansive effort to strip citizenship from Americans.
The "Terrorizing Migrants" report released Tuesday by the Costs of War Project at Brown University's Watson School of International and Public Affairs details how Trump's xenophobic campaign reflects "specific law and policy options created and strengthened among all three branches of the US government, on a bipartisan basis, since 9/11."
"These law and policy options place heightened unchecked discretionary authority within the administration, and are particularly ripe for abuse against noncitizen persons of color by immigration authorities, law enforcement agents, and other executive branch officials," wrote Widener University Delaware Law School assistant professor Elizabeth Beavers, author of the report.
The publication focuses on five key post-9/11 precedents borrowed from the "War on Terror," though it acknowledges that "the Trump administration is relying on laws and policies far beyond those described in this paper to effectuate its broader anti-immigrant agenda, and justifying much of it in national security language."
The first of the five precedents is "conflation of immigration enforcement and counterterrorism." The report recalls that after the 2001 terrorist attacks, the Federal Bureau of Investigation "orchestrated a mass investigation" that "exclusively targeted Arab, Muslim, and South Asian immigrants in a dragnet roundup, subjecting them to secretive detention at locations inside the US," and holding many of them "for weeks or even months without any charges at all."
Beavers also pointed to the George W. Bush administration's launch of the National Security Entry and Exit Registration System, as well as the creation of the US Department of Homeland Security and the placement of Immigration and Customs Enforcement within DHS. ICE and Customs and Border Protection agents have been key to Trump's campaign.
The Muslim ban from Trump's first term "built upon the structures that came before it, but greatly expanded legal presumptions that people of particular races, religions, and nationalities carry inherent danger," Beavers wrote. His second term policies have "extended this precedent to its logical conclusion by framing migration itself as terrorism. And nearly 25 years after its post-9/11 creation, ICE has been unleashed and empowered to roam American streets, snatching and disappearing people they perceive as unlawfully present, often based solely on race, and often without verifying their immigration status."
The second precedent Beavers explored is "expanded and politicized 'terrorist' designation lists." She noted Trump's invasion of Venezuela and abduction of its president, Nicolás Maduro, as well as his boat-bombing spree allegedly targeting drug traffickers in international waters.
The expert also dove into "deporting people as 'terrorists' without proving actual violent conduct," flagging Trump's "reverse migration" pledge after an Afghan man allegedly shot two National Guard members in Washington, DC, along with the administration's decision to "hold and review" asylum applications for people from "high-risk" countries.
That review, she warned, "could result in mass removal from the country of 'terrorist' noncitizens who involuntarily paid money to cartels at some point in their lives, whose family remittances have crossed hands with cartel-controlled actors, who have family members or other connections to a designated cartel but no involvement themselves, or who have unwillingly been pressed into service of a cartel at some point."
Much gratitude to @costsofwar.bsky.social for publishing my newest paper, highlighting how legal tools that started as post-9/11 counterterrorism abuses are now being weaponized further for Trump's anti-immigrant agenda:
[image or embed]
— Elizabeth Beavers (@elizabethrb.bsky.social) May 5, 2026 at 10:49 AM
The fourth precedent examined in the analysis is "indefinite detention, torture, and rendition of noncitizens." Beavers began the section with the detention camp at US Naval Station Guantánamo Bay in Cuba, which she called "perhaps one of the most notorious features of the US government's post-9/11 'War on Terror.'"
"It is both a place where every post-9/11 president has detained Muslim men in connection with the post-9/11 counterterrorism wars, but it is also a place where unauthorized migrants are sometimes held," she wrote. "More than 700 migrants have been sent to and from Guantánamo in President Trump's second term, detained there by ICE with support from the military."
The expert also highlighted Trump's deportation of hundreds of men to El Salvador's infamous Terrorism Confinement Center (CECOT)—based on often dubious claims that they belonged to the gang Tren de Aragua, which the president designated as a terrorist organization—as well as the "practice of disappearing people into secretive immigration detention" within the United States, and reports indicating that "abusive treatment in those facilities may amount to unlawful torture."
The final precedent Beavers explored is the "anti-democratic concentration of executive national security powers." She wrote that "the second Trump administration has made prompt use of this latitude" from federal courts since 9/11.
"This has included: manipulating the 'terrorist' designation lists in novel ways to include drug cartels without needing court approval, which has expanded the scope of people who can be deported as 'terrorists'; claiming a maximalist version of its immigration powers, daring courts to intervene; invoking the state secrets privilege to avoid accountability in cases challenging its deportation orders; and indefinitely detaining and torturing migrants," Beavers continued. "They have taken each of these actions without fear they will be meaningfully held accountable in court."
Based on her review, the professor concluded that "indisputably, administration officials are weaponizing the law in new and particularly indefensible ways to effectuate a widespread harassment and mass deportation campaign that is more akin to ethnic cleansing than routine immigration enforcement."
"Neither Congress nor the courts have meaningfully checked presidents or held them accountable for their expansive and spurious claims of war authorities, national security powers, and counterterrorism mechanisms to justify harmful and discriminatory practices against noncitizens and especially against people of color," she stressed. "In these and many other ways, US policymakers on a bipartisan basis built and sharpened the legal weapons that President Trump is now utilizing against immigrants."
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Unions: Trump Attack on Labor Safety Agency 'Will Take Working Conditions Back Centuries'
The coalition urged Congress to "ask President Trump to reinstate all NIOSH divisions and their staff," and warned "that "the cost of inaction will be severe and excruciating for individuals and society."
May 01, 2025
The AFL-CIO and 27 labor unions on Thursday marked May Day with a letter calling on members of Congress to push U.S. President Donald Trump to reverse his gutting of a key federal agency.
The Trump administration last month made major cuts to the National Institute for Occupational Safety and Health (NIOSH), a "small but mighty agency" that "aims to ensure safety in a wide variety of occupations, such as mining, construction, agriculture, firefighting, and among healthcare, service, and office workers," according to the Harvard T.H. Chan School of Public Health.
While May 1 is International Workers' Day, April 28 is Workers' Memorial Day, "a poignant reminder of the real human cost of unsafe workplaces," notes the letter to U.S. lawmakers. "We remember all we have lost on the job and recommit ourselves to fulfill the promise of a safe job, so that every loved one returns home unharmed at the end of each shift."
"The most recent data show that 385 people still die each day in the U.S. because of their jobs—more than 5,000 from job injuries and an estimated 135,000 from job illnesses, annually," the coalition continued. "These staggering numbers are completely unacceptable and entirely preventable; these deaths are a systemic failure. Behind every life lost each day is a family across the United States mourning a parent, sibling, child, neighbor, or friend."
The letter highlights that Congress created NIOSH alongside the Occupational Safety and Health Administration and the Mine Safety and Health Administration, and how it "saves lives daily, in ways that OSHA and MSHA cannot."
NIOSH has the expertise to "provide initial and ongoing certification of respirators and other lifesaving equipment," and to "test other equipment like cleaning booths in mining, fluid resistance of gowns in healthcare, hydraulic winches in fishing, and robotic equipment in manufacturing, as well as explosive environments, dangerous mining conditions, and rescue technologies, and many others."
The agency also helps "employers and worker representatives identify unknown exposures in workplaces such as clusters of cancers, digestive issues, respiratory disease, and other phenomena that occur closely in one worksite," and facilitates "medical care and compensation for workers under the World Trade Center Health Program (WTCHP) for 9/11 responders and survivors and the Energy Workers Program for (Cold War civilian veterans) exposed to deadly hazards."
Yet, Trump's so-called Department of Government Efficiency "functionally dismantled NIOSH—one of the most critical and impactful agencies to every worker in America, their families, and to industries alike," the letter states. "More than 85% of NIOSH staff were placed on administrative leave, to be terminated in June."
The labor coalition argued that "this decision must be immediately reversed as it will take working conditions back centuries, when chronic occupational diseases and fatalities skyrocketed with no government agency to help identify causes and research interventions."
"On this week of Workers' Memorial Day, we urge you to take immediate action by sending letters and making phone calls to ask President Trump to reinstate all NIOSH divisions and their staff," the coalition urged lawmakers. "The cost of inaction will be severe and excruciating for individuals and society. Safe jobs are a fundamental right for every worker in America, and NIOSH is necessary to make this right a reality."
Demonstrating how pressure from Congress may be effective on this front, Sen. Shelley Moore Capito (R-W.Va.) told The Washington Post that she implored Health and Human Services Secretary Robert F. Kennedy Jr. to reverse job cuts that led to NIOSH suspending the Coal Workers' Health Surveillance Program—and on Tuesday, the newspaper reported, the admistration "temporarily reinstated dozens of fired federal workers who help screen coal miners for black lung."
"Capito said between 30 and 40 fired NIOSH employees would be temporarily brought back to the agency. She added that she had heard from coal miners who were anxiously awaiting word from NIOSH about whether they could receive federal black lung benefits," according to the Post, which noted the administration's plans to ultimately "form a new entity called the Administration for a Healthy America."
Unions that signed on to the new letter include the American Postal Workers Union (APWU), Communication Workers of America (CWA), National Nurses United (NNU), Service Employees International Union (SEIU), United Auto Workers (UAW), United Mine Workers of America (UMWA), and United Steelworkers (USW).
Some signatories have challenged other Trump administration policies in federal court, such as the American Federation of Government Employees (AFGE), American Federation of Teachers (AFT), and American Federation of State, County, and Municipal Employees (AFSCME).
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The Flawed—and Deadly—'War on Terror' Mindset Endures in Israel
If Israel’s U.S.-backed genocide of the Palestinians has revealed anything about the power of discourse, it’s that the war on terror narrative has proven to be remarkably enduring.
Jan 27, 2024
In a New Yorker piece published five days after the attacks of September 11, 2001, American critic and public intellectual Susan Sontag wrote, “Let’s by all means grieve together. But let’s not be stupid together. A few shreds of historical awareness might help us understand what has just happened, and what may continue to happen.” Sontag’s desire to contextualize the 9/11 attacks was an instant challenge to the narratives that President George W. Bush would soon deploy, painting the United States as a country of peace and, most importantly, innocent of any wrongdoing. While the rhetorical strategies he developed to justify what came to be known as the Global War on Terror have continued to this day, they were not only eagerly embraced by Israel in 2001, they also lie at the heart of that country’s justification of the genocidal campaign that’s been waged against the Palestinian people since October 7, 2023.
On September 20, 2001, President Bush delivered a speech to Congress in which he shared a carefully constructed storyline that would justify endless war. The United States, he said, was attacked because the terrorists “hate our freedoms — our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.” In that official response to the 9/11 attacks, he also used the phrase “war on terror” for the first time, stating (all too ominously in retrospect): “Our war on terror begins with al-Qaeda, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped, and defeated.”
“Americans are asking,” he went on, “why do they hate us?” And then he provided a framework for understanding the motives of the “terrorists” precluding the possibility that American actions prior to 9/11 could in any way have explained the attacks. In other words, he positioned his country as a blameless victim, shoved without warning into a “post-9/11 world.” As Bush put it, “All of this was brought upon us in a single day — and night fell on a different world, a world where freedom itself is under attack.” As scholar Richard Jackson later noted, the president’s use of “our war on terror” constituted “a very carefully and deliberately constructed public discourse… specifically designed to make the war seem reasonable, responsible, and inherently ‘good.’”
Your Fight Is Our Fight
The day after the 9/11 attacks, then-Prime Minister Ariel Sharon gave a televised address to Israelis, saying that “the fight against terrorism is an international struggle of the free world against the forces of darkness who seek to destroy our liberty and way of life. Together, we can defeat these forces of evil.” Sharon, in other words, laid out Israel’s fight in the same binary terms the American president would soon use, a good-versus-evil framework, as a way of rejecting any alternative explanations of those assaults on the Pentagon and the World Trade Center in New York City that killed almost 3,000 people. That December, Sharon responded to an attack in Jerusalem by two Palestinian suicide bombers by saying that he would launch his own “war on terror… with all the means at our disposal.”
On the day of Bush’s September 20th speech, Benjamin Netanyahu, then working in the private sector after holding various positions within the Israeli government, capitalized on the president’s narrative by asserting Israel’s enthusiastic support for the United States. In a statement offered to the House Government Reform Committee, emphasizing his country’s commitment to fighting terrorism, Netanyahu stated, “I am certain that I speak on behalf of my entire nation when I say today, we are all Americans — in grief, as in defiance.”
Israel’s “9/11”
Just as the 9/11 attacks “did not speak for themselves,” neither did Hamas’s attacks on Israel on October 7, 2023. In remarks at a bilateral meeting with President Biden 11 days later, however, Prime Minister Netanyahu strategically compared the Hamas attacks to the 9/11 ones, using resonant terms for Americans that also allowed Israel to claim its own total innocence, as the U.S. had done 22 years earlier. In that vein, Netanyahu stated, “On October 7th, Hamas murdered 1,400 Israelis, maybe more. This is in a country of fewer than 10 million people. This would be equivalent to over 50,000 Americans murdered in a single day. That’s 20 9/11s. That is why October 7th is another day that will live in infamy.”
But 9/11 doesn’t live in infamy because it actually caused damage of any long-lasting or ultimate sort to the United States or because it far exceeded the scale of other acts of global mass violence, but because it involved “Americans as the victims of terror, not as the perpetrators” and because of the way those leading the country portrayed it as uniquely and exceptionally victimized. As Professor Jackson put it, 9/11 “was immediately iconicized as the foremost symbol of American suffering.” The ability to reproduce that narrative endlessly, while transforming 9/11 into a date that transcended time itself, served as a powerful lesson to Israel in how to communicate suffering and an omnipresent existential threat that could be weaponized to legitimize future violent interventions. By framing the Hamas attacks on October 7th similarly as a symbol of ultimate suffering and existential threat, Israel could do the same.
Giving Israel further license for unfettered state violence under the guise of a war on terror, in remarks in Tel Aviv President Biden stated that “since this terrorist attack… took place, we have seen it described as Israel’s 9/11. But for a nation the size of Israel, it was like 15 9/11s. The scale may be different, but I’m sure those horrors have tapped into… some kind of primal feeling in Israel, just like it did and felt in the United States.”
It bears noting that while Israel quickly deployed the rhetoric of the War on Terror on and after October 7th, weaponizing the language of terror was not in and of itself novel in that country. For example, in 1986, Benjamin Netanyahu edited and contributed to a collection of essays called Terrorism: How the West Can Win that spoke to themes similar to those woven into the U.S. war on terror narrative. However, in responding to Hamas’s attacks, Israel’s discursive strategy was both to capitalize on and tether itself to the meanings the U.S. had popularized and made pervasive about the 9/11 attacks.
“Surprise” Attacks
The power of that “primal feeling” was intensified by the way both the United States and Israel feigned “surprise” about their countries being targeted, despite evidence of impending threats both were privy to. That evidence included a President’s Daily Brief that Bush received on August 6, 2001, entitled “Bin Laden Determined to Strike in US,” and the possession by Israeli officials of a Hamas battle plan document detailing the potential attack a year in advance.
Just as Bush referred to the 9/11 attacks as a surprise, despite several years of conflict with al-Qaeda and Osama bin Laden (who clearly stated that U.S. violence in Muslim-majority countries was the motivation for the attacks), Netanyahu claimed the same after the Hamas attacks, ignoring Israel’s longtime chokehold on Gaza (and Palestinian areas of the West Bank). Addressing Israeli citizens on the day of the attack, Netanyahu asserted that “we are at war, not in an operation or in rounds, but at war. This morning, Hamas launched a murderous surprise attack against the State of Israel and its citizens.”
By portraying terrorism as a grave, unparalleled, and unpredictable danger, both the United States and Israel framed their brutal wars and over-responses as necessary actions. Even more problematically, both tried to evade accountability for future acts by characterizing themselves as coerced into the wars they then launched. Netanyahu typically asserted on October 30th that, “since October 7th, Israel has been at war. Israel did not start this war. Israel did not want this war. But Israel will win this war.”
All of these tactics are meant to create and perpetuate “an extremely narrow set of ‘political truths’” (or untruths, if you prefer). Whether ingrained in the public consciousness by the United States or Israel, such “truths” were meant to dictate just who the “terrorists” were (never us, of course), their irrational, barbaric, uncivilized nature, and so, why intervention — full-scale war, in fact — was necessary. An additional rhetorical goal was to position the dominant narrative, whether American or Israeli, as a “natural interpretation” of reality, not a constructed one.
Israel has relied on such a framework to consistently peddle a depoliticized narrative of Hamas, which roots any violence committed in a fundamental and irrational opposition to the state of Israel and inherent hatred of the Jewish people as opposed to the longstanding regime of occupation, apartheid, and now genocide of Palestinians. Hamas and other non-state actors are, of course, always portrayed as “driven by fanaticism,” as Scott Poynting and David Whyte note, while state violence, in contrast, is “presented as defensive, responsible, rational, and unavoidable — and not motivated by a particular ideological bias or political choice.”
The Threat of Terrorism and Moral Equivalencies
Terrorist violence in these years has regularly been weaponized in the service of state violence by conceiving of its threat as almost unimaginably dangerous. Both the United States and Israel have represented terrorism as “catastrophic to democracy, freedom, civilization and the American [or Israeli] way of life,” and “a threat commensurate with Nazism and Communism.”
As with Bush’s argument that the 9/11 attackers were the “heirs of all the murderous ideologies of the twentieth century” and that “they follow in the path of fascism, and Nazism, and totalitarianism,” Netanyahu urged a mobilization of countries across the world to eliminate Hamas on a similar basis. To this end, he asserted that “just as the civilized world united to defeat the Nazis and united to defeat ISIS, the civilized world must unite to defeat Hamas.”
American officials regularly frame U.S. violence as a function of the country’s inherent goodness and superiority. For example, in September 2006, responding to criticisms of the moral basis for the War on Terror, Bush said at a press conference: “If there’s any comparison between the compassion and decency of the American people and the terrorist tactics of extremists, it’s flawed logic… I simply can’t accept that. It’s unacceptable to think that there’s any kind of comparison between the behavior of the United States of America and the action of Islamic extremists who kill innocent women and children to achieve an objective.”
By the time Bush made those remarks, the invasions of and wars in both Afghanistan and Iraq, as well as other “counterterrorism” operations across the globe, had been underway for years. Given the staggering number of civilians already killed, drawing a demarcation line between the United States and “Islamic extremists” based on the slaughter of innocent women and children should hardly have been possible (though when it came to those killed by Americans, the term of the time was the all-too-dehumanizing “collateral damage”).
No stranger to weaponizing the language of moral equivalencies, Netanyahu has repeatedly highlighted the victims of Hamas’s attacks in order to distinguish them from Israel’s. For example, he described Hamas as “an enemy that murders children and mothers in their homes, in their beds. An enemy that kidnaps the elderly, kids, youths. Murderers who massacre and slaughter our citizens, our kids, who just wanted to have fun on the holiday.” But like the United States, Israel has killed women and children on a strikingly greater scale than the non-state actors they were comparing their violence to. In fact, in the last 100 days of Israel’s war, it is believed to have killed more than 10,000 children (and those figures will only rise if you include children who are now likely to die from starvation and disease in a devastated Gaza).
Birds of Violent Rhetorical Feathers Flock Together
In a White House briefing a week after the Hamas attacks, Biden said, “These guys — they make al-Qaeda look pure. They’re pure — they’re pure evil.” Then, nearly three weeks after those October 7th attacks, in a meeting with French President Emmanuel Macron, Netanyahu asserted that his country was in “a battle” with “the Axis of Evil led by Iran, Hezbollah, Hamas, Houthis, and their minions.” More than two decades earlier, President George W. Bush had uttered similar words, referring to Iran, Iraq, and North Korea as an “axis of evil,” who were “arming to threaten the peace of the world.”
In each case, the “evil” they were referring to was meant to communicate an inherent and innate desire for violence and destruction, irrespective of the actions of the United States or Israel. As the saying goes, evil is as evil does.
As scholar Joanne Esch has noted, “If they hate us for who we are rather than what we do, nothing can be gained from reexamining our own policies.” In other words, no matter what we do, the United States and Israel can insist on a level of moral superiority in taking on such battles as the harbingers of good. And it was true that, positioned as a battle of good versus evil, the all-American war on terror did, for a time, gain a kind of “divine sanction,” which Israel has used as a blueprint.
In response to the recent International Court of Justice complaint submitted by South Africa charging Israel with genocide, a defiant Prime Minister Netanyahu tweeted that his country would continue its Gazan war until it was over. He also mentioned a meeting he had with U.S. Secretary of State Antony Blinken in which he told him, “This is not just our war — it is also your war.”
If Israel’s U.S.-backed genocide of the Palestinians has revealed anything about the power of discourse, it’s that the war on terror narrative has proven to be remarkably enduring. This has enabled both states to make use of specific schemas that were constructed and deployed in Washington to explain the 9/11 attacks — and now to justify a genocidal war in a world where “terror” is seen as an eternal threat to “liberal democracies.”
In his book Narrative and the Making of US National Security, Donald Krebs argues that, when it comes to politics, language “neither competes with nor complements power politics: it is power politics.” In this vein, it remains critical to subvert such destructive and pervasive narratives so that countries like the United States and Israel can no longer maintain “necropolitical” rule domestically or globally — that is, in the words of Cameroon historian and political theorist Achille Mmembe, “the power and the capacity to dictate who may live and who must die.”
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