By Henry Srebrnik, [Charlottetown, PEI] Guardian
Mexican citizens are by far the largest nationality among the estimated more than 11 million illegal migrants in the United States. An estimated five million are undocumented.
Donald Trump’s border czar, Tom Homan, has reinforced border security and overseen the deportation of thousands of illegal immigrants. The prospect of a mass return could saturate and overwhelm border cities like Juarez and Tijuana.
These people are often in effect subsidized by U.S. taxpayers. America’s local, state, and federal governments provide billions of dollars in food, housing, and health care entitlements that allow Mexico’s citizens, illegally residing inside the U.S., to free up cash to be sent home.
According to U.S. data, the trade deficit with Mexico has increased from about $50 billion twenty years ago to $160 billion today. That figure doesn’t include the $63 billion American outflow in remittances nor the multi-billion dollar income from the drug cartels’ illicit sales in the U.S. That huge sum constitutes one of Mexico’s largest sources of foreign exchange, surpassing even its tourist and oil revenues.
Trump has cited illegal flows of the deadly opioid fentanyl from Mexico as one of the reasons for the threatened 25 per cent tariff on Mexican goods. Mexico is one of the main trafficking routes for the drug and for the chemicals to manufacture it, most of which come from China, according to U.S. authorities.
Mexico has announced a series of major drug discoveries in recent weeks in an apparent attempt to highlight increased efforts to combat drug smuggling. Nonetheless, Washington has now designated Tren de Aragua, the Sinaloa cartel, and six others as global terrorist organizations. Secretary of State Marco Rubio announced the measures Feb. 19, bringing back an idea that failed to come to fruition during Trump’s first term in office. Classifying the cartels as terrorist groups helps disrupt their finances through sanctions, including asset freezes and travel bans.
Since taking office, Trump has declared a national border emergency and ordered top officials to prepare to invoke a 1798 law, the Alien Enemies Act, that could allow the administration to swiftly deport suspected gang members without court hearings. “You have to go back that far, because as we’ve grown and grown, our politics and politicians have become weaker and weaker,” he told an October rally in New Mexico. “Our laws don’t mean anything.”
Detentions and deportations that occur under the Alien Enemies Act do not go through the immigration court system, which provides immigrants the chance to seek relief and make their case to stay in the country. Experts have noted that the backlogged court system, where cases can take years, could be a significant obstacle to Trump’s mass deportation plans.
“So that’s where I think the Alien Enemies Act comes in,” explains Jean Lantz Reisz, co-director of the immigration clinic at the University of Southern California’s Gould School of Law. “I think that Trump is citing this as a way to kind of bypass all of that due process and make it easier to arrest and deport people.”
George Fishman, a former Department of Homeland Security deputy general counsel in the first Trump administration, authored an analysis in 2023 arguing that the law “needs to come out of retirement” and should be considered “a valuable war-fighting tool during future conflicts.” But Fishman told CNN Jan. 20 that he thinks the law couldn’t be used for a general deportation plan targeting undocumented immigrants.
“I think that wouldn’t stand up in federal court, because I don’t think their actions can be attributed to those governments. And even if they could, then the question comes up of whether mass illegal immigration constitutes an invasion,” he explained. That argument has been made, “but no federal court has yet accepted it. So that would be another hurdle.”
But now the president has gone even further. Trump considers the Mexican state to have essentially become ruled by a single-party, left-populist regime, aligned ideologically and operationally with comparable regimes in Cuba and Venezuela. Like those regimes, maintains Trump, it regards its nation’s trafficking cartels as vehicles for profit.
So it’s possible that officials could try to make the case that certain nations like Mexico are effectively “mafia states” where organized crime has infiltrated the government. “I think a very strong argument could be made that in those situations, the Alien Enemies Act can be employed,” Fishman remarked. But it would be a case-by-case situation.