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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."
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:
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— 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."
Trump and his Republican allies have routinely targeted their political opponents and entire ethnic and religious groups with threats of deportation and denaturalization.
The US Department of Justice has referred hundreds of citizens for denaturalization, beginning what some fear will be a massive effort to strip Americans of their citizenship.
Months ago, it was reported that the Trump administration would seek to enlist the DOJ in its effort to revoke the citizenship of hundreds of people each month.
On Thursday, The New York Times reported that the effort to carry out what DOJ spokesperson Matthew Tragesser called "the highest volume of denaturalization referrals in history” had begun.
The paper reported that the DOJ had identified 384 foreign-born Americans whose citizenship it wants to take away and had assigned the cases to prosecutors in dozens of US attorneys' offices across the country.
President Donald Trump is trying to dramatically expand a process that Sameera Hafiz, policy director at the Immigrant Legal Resource Center, told the Houston Chronicle is typically reserved for "very rare extreme circumstances."
Federal law allows the government to ask courts to strip citizenship from those it can prove obtained it fraudulently. In some rare cases, people found to have committed egregious offenses like war crimes or the financing of terrorism have also been stripped of citizenship.
Between 2017 and the end of 2025, the federal government attempted to denaturalize just 120 citizens, less than a third of the number the Trump administration referred for denaturalization in just this first batch.
According to the Times, it is not clear why the 384 individuals referred to federal courts have been singled out. Tragesser said the administration was "laser focused on rooting out criminal aliens defrauding the naturalization process."
Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said that these cases "are not exactly easy for the government to win," because "they have to go to a bench trial in front of a federal judge and prove material fraud."
But the DOJ has indicated that the range of people targeted for denaturalization could be much broader than just those found guilty of fraud.
The Trump administration's plans to pursue mass denaturalization first came to light last June when Assistant Attorney General Brett Shumate issued an internal memo calling on the DOJ's Civil Division to "prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence."
In addition to the fraudsters and human rights violators who have typically been subject to denaturalization, Shumate urged the department to go after those “who pose a potential danger to national security” and "any other cases... that the division determines to be sufficiently important to pursue," which suggested that much broader categories of people may be targeted.
"The way the memo suggests they're going to apply it is very broad and expansive, and it's shockingly dramatic because that's not the intention behind denaturalization," Hafiz said.
The Trump administration has frequently targeted protesters and activists, including those with legal status in the US, for deportation for expressing political opinions opposite those of the government.
Last year, hundreds of foreign-born students who participated in protests against US support for Israel had their visas stripped by the US State Department. Some—like Columbia student activist Mahmoud Khalil—were deemed a danger to "national security" based solely on their articulation of beliefs out of step with the Trump administration's foreign policy.
Trump and several members of the Republican Party have also called for the denaturalization of foreign-born political opponents, including the Somali-American Rep. Ilhan Omar (D-Minn.) and the Ugandan-American New York City Mayor Zohran Mamdani.
Earlier this week, Rep. Chip Roy (R-Texas) introduced legislation titled the "MAMDANI Act," which would deport and denaturalize any immigrant who "advocates for socialism, communism, Marxism, or Islamic fundamentalism.”
Rep. Andy Ogles (R-Tenn.), who has also pushed for the deportation of Mamdani, who is Muslim, recently said that non-Christians should not be allowed in America.
"We're not a melting pot," he said. "If you're building temples or mosques and undermining Christianity, you're not assimilating."
Trump, meanwhile, has expressed a desire to go after certain ethnic groups, particularly Somali-Americans, whom he has said have "low IQs" and described as "garbage". Most people of Somali descent living in the US are citizens, but Trump has said "I don't want them in the country" and said they should "go back where they came from."
Many Somali-American citizens were detained, often brutally, during US Immigration and Customs Enforcement's (ICE) massive operation in Minneapolis earlier this year.
Around the same time, the US Department of Homeland Security endorsed the idea of pursuing "100 million deportations," which would entail the removal of tens of millions of American citizens from the country, including many who were born in the United States. Ex-Border Patrol Commander Gregory Bovino, who oversaw Trump's mass deportation crusade for months, recently said he had a "master plan" to make this sweeping purge a reality.
Hafiz said the Trump administration's conduct has raised the possibility that the denaturalization push will be carried out in a "very broad and expansive way."
"That's very concerning," she said. "And we've seen in so many of the tactics that the Trump administration is using, what a slippery slope it is, how they say, 'This policy is to target one set of individuals,' and how that set of individuals just becomes broader as it's applied."
"In every previous administration, including Trump's first, this woman would not have been a priority for enforcement," said one immigration expert.
A US Army staff sergeant saw his young wife taken away by immigration agents at his military base in Louisiana last week.
Matthew Blank, 23, who is set to begin training for deployment next month, was preparing to move into his home at the Fort Polk Army base with his 22-year-old wife, Annie Ramos, whom he married just weeks ago.
According to a report out Monday from The New York Times, Ramos is an undocumented Honduran immigrant who was brought to the United States as a toddler. She works as a Sunday school teacher and is months away from finishing a biochemistry degree. She has no criminal record.
Undocumented immigrants who marry US citizens become eligible for green cards and can apply for full citizenship three years after receiving them. Prior to their marriage, Blank and Ramos had already hired a lawyer to begin the process.
Ramos had also applied for Deferred Action for Childhood Arrivals (DACA) in 2020, but her application was never processed after the Trump administration halted it for new applicants.
Blank said he and his wife were following the procedures to get her legal status: "We were doing everything the right way.”
In the meantime, they were planning to begin their lives as newlyweds. On April 2, the couple headed to the base's visitor center to get Ramos registered for military spouse benefits.
They showed Ramos' birth certificate, Honduran passport, their marriage license, and Blank’s military ID. When asked whether Ramos had a visa or green card, they explained that she did not, but that they had completed the application and planned to file it within days. That's when the trouble began.
After the attendant made a "flurry of calls," they were told Ramos would be detained.
Soon enough, she was led away in shackles and taken more than an hour away to the privately owned South Louisiana Immigration and Customs Enforcement (ICE) Processing Center in Basile, where she waits with hundreds of other women who have been rounded up as part of President Donald Trump's mass deportation effort.
"She was going to move in after the Easter weekend," Blank said. "Instead, she got ripped away from me.”
The Department of Homeland Security issued a statement following initial reports of Ramos' arrest.
“She has no legal status to be in this country and was issued a final order of removal by a judge,” the statement read. “This administration is not going to ignore the rule of law.”
The statement also said that Ramos was arrested "after she attempted to enter a military base," seeming to imply she was in the process of illicit activity rather than there as a military spouse.
Ramos had been issued a deportation order in absentia in 2005, when she was 22 months old, after her family failed to show up for an immigration court hearing.
However, experts told the Times that it is very rare for people who have been issued prior deportation orders to be detained and that it's typically easy for them to adjust their paperwork.
"In every previous administration, including Trump's first, this woman would not have been a priority for enforcement," concurred Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, who wrote about the incident on social media.
While prior deportation orders can affect an undocumented person's ability to receive legal status, he said, "discretion is part of the enforcement of every law."
"She got a deportation order when she was a small child. It's quite possible that, like many people, she didn't even know about it. That's a common situation," he explained. "Immigration law has always involved choices about whether deportation makes sense or not."
Citing a YouGov/Economist poll from February, he noted that just 21% of Americans support deporting undocumented people brought to the US as kids, while just 16% support deporting those married to US citizens.
Contrary to previous administrations, which tended to target immigrants with criminal records and recent arrivals for deportation, around three-quarters of those currently in ICE detention have no criminal convictions, according to data published in February.
While there is no complete data on how long the average ICE detainee has lived in the US, the Deportation Data Project found that during the first nine months of the second Trump administration, the number of arrests away from the border increased by a factor of 4.6, suggesting that it was going after undocumented immigrants who have been in the US for longer periods of time.
According to Blank's parents, who were there as their son's young spouse was taken away, even the ICE agents who enforced the order to arrest Ramos did not appear proud of what they were doing.
“They told us that they didn’t have a choice, they said they had to take Annie,” recalled Blank's mother, who said the agents apologized.
“I begged them not to take her,” she said. “They said the higher-ups made them do it.”
Ramos told the Times that she knows no other home besides the United States.
"I grew up here like any American,” she said over the phone. “My husband and family are here.”
The facility where she is being held, run by GEO Group, a multibillion-dollar private prison company, has been the subject of dozens of complaints from current and former female detainees who have claimed they were denied basic medical treatment, hygiene supplies, and edible food.
Others have said they've faced sexual abuse and harassment and were subject to forced labor. In December, a former guard pleaded guilty in federal court to sexually abusing a Nicaraguan detainee in mid-2025.
Ramos' detention comes as thousands of US service members deploy to fight Trump's war in Iran. ICE has also been deployed to military bases to screen the family members of Marine recruits at their graduation as recently as last week.
Blank, who has previously been deployed to the Middle East and Europe, said he was "going to fight with everything I have" to secure his wife's freedom.
"She is going to move in with me. We will start a family," Blank said. "I am going to be with her and serve my country."
Their lawyer has petitioned the court to reopen her removal order, which could freeze her deportation. Until it is reopened, however, she could be deported at any moment.
They have also continued to push forward with the effort to get Ramos a green card. But the guards at Basile have refused to let them bring the completed forms inside to get Ramos' signature.
The Congressional Hispanic Caucus said on social media that Blank "should be focused on training today," but "instead, he was forced into a fight against his own government to free his wife."
A GoFundMe campaign created by Blank's sister to pay for the legal fight has raised more than $20,000 since Saturday.