Shock and Awe Leads to Maximum Pressure
Commentary - Thursday, January 23, 2025
By Jared Culver, Legal Analyst
President Trump has done the impossible and made a media prediction come true. Before the inauguration, there were reports of incoming "shock and awe." There are many moons to go, but it cannot be said that President Trump did not try to move military and law enforcement bureaucratic machinery toward defending America in his first few days. We ain't in Trump 1.0 anymore, Toto.
His first immigration actions focus on two primary objectives: 1) Rescinding the Biden policies that caused the crisis; and 2) Activating all available Department of Defense (DOD), Department of Justice (DOJ), and Department of Homeland Security (DHS) resources for immigration enforcement actions.
Efforts to erase the Biden disaster from memory are already bearing fruit, with the restoration of the Migrant Protection Protocols (MPP, also known as Remain in Mexico), expansion of expedited removal, and the termination of CBP One App abuse.
Distinct from the first term, President Trump is immediately activating enforcement resources beyond DHS. By declaring a national emergency at the border and an invasion of the interior, President Trump is attempting a strategy of maximum pressure on the crisis.
The president requires the Department of Defense to make sealing the border a mission priority, and some troops are already preparing for deployment. This is key for boots on the ground in the near term because, even if Congress moves to provide hiring authority, that process will take a while.
Under the emergency declaration, the DOD can also share funds, equipment, and administrative personnel to help the DHS in its mission to gain operational control of the border. Potentially, President Trump's effort to designate human slavery cartels as foreign terrorist organizations (FTO) could provide more dynamic military assistance in destroying the trafficking infrastructure fueling the catastrophe.
In addition to DOD, the President's executive actions require the Department of Justice to finally take their immigration enforcement responsibilities seriously. DOJ has already issued interim guidance reverting to Trump-era charging and sentencing policies, requiring a department-wide focus on prosecution and investigation resources and immigration enforcement efforts.
DOJ has already activated the Organized Crime Drug Enforcement Task Force (OCDETF), Project Safe Neighborhoods, and the FBI Joint Terrorism Task Force to prioritize immigration enforcement, and it has created the Sanctuary Cities Enforcement Working Group. This new working group will investigate sanctuary city officials for possible criminal and civil violations related to obstructing lawful federal law enforcement activity and harboring fugitives from justice.
It is important to note that this is all theoretical to some extent. Indeed, there are already media reports about CBP One App cancellations and videos of law enforcement in riot gear closing ports of entry, so we can see tangible results on the ground. However, executive orders and the initial publication of new policies still have to be implemented in the field.
It can fairly be said that neither the DOD nor the DOJ has ever attempted to prioritize border security in this way. If effectively implemented and coordinated, President Trump's strategy of maximum pressure will construct a gauntlet of enforcement options from a bevy of different Departments. This provides the government with sufficient options to address the myriad challenges.
The Department of Defense should be meeting the billion-dollar slaver cartels with their advanced networks and weaponry. These slaver cartels are pushing only poison and pain into our country and pose a clear existential threat. Our military should destroy the modern slave trade and fentanyl factories like we would if ISIS had a headquarters in Mexico. That will be the measure of Trump's effort. Can he destroy the slaver cartels like he destroyed ISIS?
Similarly, the Department of Justice has a multitude of law enforcement resources that could be dedicated to immigration enforcement, as opposed to locking up pro-life protesters and investigating conservatives for thought crimes. Every illegal alien who enters without authorization has committed a Federal crime. If they are convicted of that crime and attempt to enter again, that is a felony. However, DOJ refuses to charge these aliens because it is not a priority. That has to change.
For decades, the DOJ has essentially decriminalized the border for the vast majority of illegals. They have treated illegal entry, at best, like a speeding violation. Now and again, they charge someone, but all violators know punishment is unlikely, while the reward of getting into America as fast as possible is highly probable. No effort to secure the border and remove the illegal immigrant population will be effective without the DOJ drastically increasing charges and convictions for illegal entry and re-entry.
President Trump's first week demonstrates his sincere effort to keep the promises he made to the American people regarding securing the border and removing all illegal aliens in the country's interior. This is only the first step, but as the first step, it is the most important one. He should be congratulated for his efforts.
When Trump political appointees clash with the deep state entrenched within the bureaucracy, the rubber meets the road. We are committed to shedding light on the long-hidden world of bureaucratic policymaking. The next thing to look out for is the bureaucratic boom behind the fuse President Trump lit this week. We look forward to chronicling the next four years of executive action with all of you.
Track Administration Immigration Actions with Us at the Immigration Accountability Project Administration Accountability Page.