Concerns regarding civil rights and the rule of law in the United States are mounting due to the strict immigration policies of President Donald Trump’s administration. In the name of immigration control, the administration is creating a class of people who find themselves in a weaker position than others regarding legal protections and due process when facing state power.
The Trump administration is conducting widespread roundups and deportation operations through U.S. Immigration and Customs Enforcement (ICE). The administration claims these operations primarily target dangerous criminals; however, more than half of those arrested by ICE were detained without any prior criminal record.
The Trump administration has moved to revoke “Temporary Protected Status” (TPS) for citizens of various countries. Consequently, a large number of people who have lived in the U.S. for years—working and integrating into local communities—face the risk of deportation.
Immigration enforcement actions are no longer limited to undocumented immigrants. Allegations have arisen that immigration laws are being used to suppress the political speech or activities of foreign nationals legally residing in the U.S.; the case of Palestinian-American activist Mahmoud Khalil is cited as an example.
Such measures have also been challenged in U.S. courts. In some instances, courts have paved the way to challenge ICE directives or administrative actions as unlawful. Yet, despite judicial intervention, thousands remain in detention, and concerns persist regarding justice and due process within the immigration system.
A significant political trend is emerging. Some Republican politicians in the U.S. are now discussing limiting the rights of naturalized citizens and dual citizens. This raises the question: after immigrants, who might be the next target regarding the limits of state power?
While strict immigration policies remain popular among a segment of Trump’s political base, their humanitarian and constitutional implications are becoming increasingly apparent. Practices such as detaining individuals with no criminal record, invoking immigration laws in response to political expression, and curtailing due process are challenging long-standing American concepts of civil rights and the rule of law. When the state acquires the power to curtail the rights of a specific class of people, that power may expand further in the future. Therefore, alongside controlling immigration, ensuring civil liberties, the equal application of the law, and due process is also crucial for the democratic system of the United States.
