Law v. Liberty: Democracy at Risk

Militarization, crackdowns, and expansion of policing

Following along with the 14 Signs of Fascism, there has been a recent increase in activity around national security, deportations, policing and surveillance.

The recent policies, executive orders, and military-oriented enforcement proposals under President Trump including the expansion of the 287(g) program, a request for 20,000 National Guard troops to aid in interior immigration roundups, and aggressive DOJ action against local officials reflects a dangerous consolidation of state power that aligns with multiple signs of fascism, particularly the identification of enemies as scapegoats, the supremacy of the military, disdain for human rights, and obsession with national security. These policies are not just rhetorical, but could have the weight of the law behind them. They authorize real force, target vulnerable populations, and erode the legal barriers that protect civil liberties. The use of state and local police as deputized immigration agents, combined with military support, signals an alarming shift toward authoritarian policing of civil society.

In this context, both immigrants and U.S. citizens - especially those who protest or oppose government actions face significant risks. Trump’s public suggestion to suspend habeas corpus, his threats to arrest members of Congress and local officials who resist federal enforcement, and the actual arrest of a New Jersey mayor for criticizing ICE all demonstrate a willingness to weaponize state power against dissent. This climate fosters fear, undermines the rule of law, and threatens the constitutional principle of checks and balances. If allowed to escalate, it could normalize extrajudicial arrests and collective punishment, with few remaining legal pathways to resist or seek redress.

Executive Order #14288 - Strengthening and Unleashing America's Law Enforcement To Pursue Criminals and Protect Innocent Citizens #

Link to EO: LINK

Key points:

• Establishes a Pro-Law Enforcement Policy Position
  The EO frames strong law enforcement as a key to public safety and criticizes local leadership that "handcuffs" police via oversight or reforms.

• Legal Defense for Police
  Orders the Attorney General to set up a mechanism—potentially including pro bono resources—to defend law enforcement officers facing lawsuits for actions taken on duty.

• Federal Support for Local Policing
  Directs federal agencies to:

  • Promote aggressive local policing best practices.

  • Expand police training.

  • Improve officer pay and legal protections.

  • Seek tougher penalties for crimes against officers.

  • Boost prison security and crime data infrastructure.

• Review of Oversight Measures
  Tells the Attorney General to review and potentially eliminate or modify existing federal consent decrees or oversight arrangements that are seen as limiting police functions.

• Military Surplus for Police
  Calls for increasing the transfer of military and national security assets, training, and non-lethal tools to local police departments.

• Targeting State and Local Officials
  Instructs DOJ to pursue legal action against local officials who:

  • Obstruct law enforcement duties.

  • Implement DEI initiatives that are seen as impeding policing or violating civil rights.

• Use of Homeland Security Task Forces
  Deploys DHS-led task forces to help implement the order’s goals.

Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act #

Link to Site: LINK
Link to Map: LINK

Legal Foundation

• Authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

• Allows ICE to enter into Memoranda of Agreement (MOAs) with local and state LEAs.

• Delegates specific immigration enforcement powers, under ICE direction and oversight, to local officers.

• Operational Models
  Jail Enforcement Model (JEM)
  Officers in jails identify and process individuals with criminal charges who may be removable under immigration law.

• Task Force Model (TFM)
  Officers enforce limited immigration authority during regular policing duties (e.g., traffic stops, patrols), under ICE oversight.

• Warrant Service Officer (WSO) Program
  Officers are trained and certified to serve ICE administrative warrants in jails.

Recent Expansion under EO 14159

• Mandates ICE to authorize qualified state and local officers under the 287(g) program to the maximum extent allowed by law.

• Encourages states (e.g., Georgia, Florida) to require local LEAs to participate.

• As of May 16, 2025:

  • 571 active MOAs across 40 states.

  • 92 pending applications.

  • Clear push to scale up participation dramatically.

DHS asks for 20,000 National Guard troops for immigration roundups, Pentagon reviewing request #

Link to article (AP): LINK

What DHS Is Requesting

• 20,000 National Guard troops to assist Immigration and Customs Enforcement (ICE) in deporting “criminal illegal aliens.”

• This is distinct from border deployments. These troops would operate inside the U.S., in various communities.

• The goal is to double ICE’s operational capacity, as ICE has only about 7,700 officers handling interior enforcement.

Legal and Operational Implications

• Possible Use of National Guard

  • If under state control (Title 32 or state active duty, National Guard troops can be used for domestic law enforcement, including arrests and supporting immigration enforcement.

  • This would require state governors to agree. Some may comply, but many likely will not.

  • DHS may be counting on politically aligned governors to authorize their Guard units for this mission.

• Federal Use Raises Legal Barriers

  • Under federal control (Title 10), the Posse Comitatus Act bars the military from participating in law enforcement activities inside the U.S.

  • That would make it illegal for DHS or ICE to use federalized troops for arrests or detentions.

Unusual Aspects and Concerns

• The request went to the Pentagon, #not directly to states#, raising questions about the legal route DHS intends to pursue.

• The scale of the operation, activating 20,000 Guard members is massive, matching ICE’s entire personnel footprint.

• This could represent an unprecedented domestic deployment aimed not at border support, but interior enforcement something rarely attempted on this scale.