President-elect Trump said it’s true that he is preparing to declare a national emergency when he takes office which will allow for the use of military assets to conduct a mass deportation program. According to incoming Border Czar Thomas Homan, they will prioritize removing those with criminal convictions. 

Thomas Homan: “The priorities for the deportation operation are public safety threats and national security threats. Last time I looked at the data, we have over 700,000 illegal aliens in this country that have a criminal conviction and a final order that walk the streets.” 

Trump previously declared a national emergency February 2019 that stated the border security and humanitarian crisis at the time threatened core national security interests. He instructed the Secretary of Defense to move troops in ready reserve to active duty so they could assist at the southern border. Biden terminated the declaration the day he took office. 

In October 2018 Trump ordered 5,000 troops to the southern border to “harden” points of entry. Most were unarmed, they built barriers and played a logistical support role for Border Patrol agents. 

However it does not appear the military has ever been used for deportation. 

This is exactly what Trump plans to do, according to a transition team spokesperson – “President Trump will marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers in American history while simultaneously lowering costs for families.” 

President-elect Trump said he gets his authority from the 1798 Aliens Enemies Act, which according to the Constitution Center, granted the President unilateral authority to deport non-citizens who were subjects of foreign enemies. 

That law has only been invoked three times in the country’s history – the War of 1812, World War I and World War II.