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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:
[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."
The Cuban Interior Ministry said it detained seven people involved in the plot, including one who "had allegedly been sent from the United States to facilitate the landing and reception of the armed group."
The Cuban government said Wednesday that the men on a Florida-registered boat who opened fire on Cuban soldiers in the island's territorial waters were bent on carrying out "an infiltration for terrorist purposes."
In a statement following news that Cuban forces had killed four people on the boat, the besieged Caribbean nation's Interior Ministry said the vessel was carrying 10 men, all "Cuban nationals residing in the United States."
The ministry said it seized assault rifles, explosives, body armor, and other items from the boat and identified seven of its passengers, six of whom were detained. Four men on the boat—which, according to reports, was last purchased in 2022—were killed in the gunfight with Cuban soldiers, who had reportedly "approached the vessel for identification."
Cuban authorities also said another individual, Duniel Hernández Santos, was arrested "within national territory." The Interior Ministry said Santos "had allegedly been sent from the United States to facilitate the landing and reception of the armed group and has confessed to his role."
"The investigation remains ongoing until all facts have been fully established," the ministry said.
Participants in Foiled Armed Infiltration in Villa Clara Identified
As part of the ongoing investigation into the armed attack against a patrol vessel of the Border Guard Troops of the Ministry of the Interior, in the northeastern area of the El Pino channel, at Cayo Falcones,… pic.twitter.com/s9IFmUkqvk
— Cuban Embassy in US (@EmbaCubaUS) February 26, 2026
The deadly incident came as Cuba continued to reel from the Trump administration's recent intensification of decades-long economic warfare against the island. The administration is "actively seeking regime change in Cuba," according to Wall Street Journal reporting from last month.
Wednesday's incident called to the minds of observers past efforts, backed by the US, to topple the Cuban government, from the failed Bay of Pigs invasion to Operation Mongoose.
US Secretary of State Marco Rubio, the son of Cuban immigrants, denied that any American government personnel were involved in the incident and said it was under investigation.
"We're going to find out exactly what happened here, and then we'll respond accordingly," said Rubio, a longtime supporter of regime change in Cuba. "It is highly unusual to see shootouts in open sea like that. It's not something that happens every day. It's something, frankly, that hasn't happened with Cuba in a very long time."
"This is an escalation against the climate movement as a whole, and the next phase of this administration's crackdown on dissent," said Extinction Rebellion.
As the Trump administration broadens its efforts to criminalize dissent, a nonviolent climate advocacy group says the FBI is targeting it with a terrorism investigation.
Using a dubious legal designation of "domestic terrorism," the US Department of Justice (DOJ) has ramped up its efforts to surveil those it considers to be domestic enemies—including members of left-wing groups with no history of violence.
The New York City chapter of the group Extinction Rebellion said one of its former members came into the crosshairs earlier this month.
In a statement on Wednesday, the group said that a former member was visited by two special agents, one of whom was from the FBI's Joint Terrorism Task Forces, at their residence 200 miles outside New York City.
They said the agents asked about their involvement with Extinction Rebellion. The member declined to respond, referring the questions to their attorney.
The former member, who has chosen to remain anonymous, told the Intercept that they hadn't been involved with the group in two years and hadn't participated in any actions they thought would warrant FBI involvement.
“I believe this to be a significant escalation of the criminal legal system against Extinction Rebellion and find it very troubling,” Ron Kuby, an attorney for Extinction Rebellion, said. “This is usually the way we find out an actual investigation is underway and is often followed by other visits and other actions.”
He said he found it strange that Extinction Rebellion would become the target of a terrorism investigation. Members of the group take part in acts of what they call "nonviolent civil disobedience" such as blocking roads, sit-ins at public buildings, and occasional vandalism.
The group has sought to use these tactics to draw attention to leaders' inaction in fighting the climate crisis. Increasingly, they have launched protests against the Trump administration's policies more broadly, including its deployment of federal immigration agents in cities across the country.
While its actions can be disruptive, Extinction Rebellion has always been nonviolent, Kuby said, and its tactics are at worst misdemeanor offenses, which typically wouldn't interest federal law enforcement.
"[Extinction Rebellion NYC] is a nonviolent, decentralized group of artists, small business owners, parents, retired teachers, and everyday New Yorkers. We are not terrorists!" said a statement from Extinction Rebellion Global posted to social media on Tuesday. "We use artistic nonviolent organized protests, community outreach, and strategic advocacy to empower everyday citizens and drive meaningful environmental change."
"This is an escalation against the climate movement as a whole, and the next phase of this administration's crackdown on dissent that many of us have been expecting," the group continued.
The New York City chapter of Extinction Rebellion is not the first to receive FBI visits during the second Trump administration.
Last year, six members of its sister group in Boston said the feds came to their doors, all on the same day in March, and questioned them without providing any business cards or explanation for their visit.
According to WBUR reporting at the time, none of the activists questioned had a history of participating in violent protests or of facing felony charges in federal or Massachusetts courts.
Jeff Feuer, a lawyer in Cambridge who has represented climate activists for more than three decades, told the outlet, “Until this year, I have never heard about the FBI or any other federal law enforcement officer visiting or questioning any of the hundreds of climate activists that I have personally represented."
After months of denial, US Attorney General Pam Bondi acknowledged during a contentious House Judiciary Committee hearing earlier this month that the department does, in fact, have a list of "domestic terrorist organizations" being compiled under President Donald Trump’s National Security Presidential Memorandum 7, which was described as a national directive to use the Joint Terrorism Task Forces to focus on “leftist” political violence in America.
That memo, commonly referred to as NSPM-7, was first obtained by independent journalist Ken Klippenstein in September. It laid out a national strategy to “disrupt” individuals or groups that "foment political violence" before it takes place.
NSPM-7 described many vaguely defined political viewpoints as potential "indicators" that one is a possible domestic terorrist, including: "anti-Americanism," "anti-capitalism," and "Anti-Christianity"; "extremism" on "migration," "race," and "gender"; and "hostility to those who hold traditional views" on "family," "religion," and "morality."
In another memo that leaked in December, Bondi—who just months before pledged under oath there would “never be an enemies list” compiled by the DOJ—directed the department to compile a list of potential “domestic terrorism” organizations that espouse “extreme viewpoints on immigration, radical gender ideology, and anti-American sentiment.”
It directs federal law enforcement agencies to refer "suspected" domestic terrorism cases to the Joint Terrorism Task Forces, which will then undertake an “exhaustive investigation contemplated by NSPM-7” that will incorporate “a focused strategy to root out all culpable participants—including organizers and funders—in all domestic terrorism activities.”
During the hearing, Bondi refused to say which groups and entities were on the list of so-called "domestic terrorists," though she acknowledged it existed, saying, "I know antifa is part of that."
Trump designated "antifa," referring to a loose confederation of antifascist groups, as a "domestic terrorist organization" in October, even though there is no formal "domestic terrorism" statute in US law.
It is unclear whether a formal federal investigation into Extinction Rebellion is underway or if it is part of NSPM-7.
An internal document shared with the Guardian in November revealed that the FBI had launched “criminal and domestic terrorism investigations” into “threats against immigration enforcement activity” in at least 23 regions across the US—including New York. It acknowledged that some of the investigations were related to the "countering domestic terrorism" memo.
"'Domestic terrorism' may not yet be a criminal charge, but the Trump administration is gearing up to create it," Extinction Rebellion NYC said on Wednesday. "NSPM-7... will be the broadest criminalization of free speech since McCarthyism or the height of the Civil Rights Movement. And while this fossil-fueled administration has already failed in some attempts to silence critics, we understand the broader context within which our specific activities sit."