Like many Americans, I’ve been watching with fascinated horror the Trump administration’s first big steps towards mass deportation, and wrote about the political underpinnings of the issue at New York:
To those who are worried about the threat to the rule of law represented by the first president to enter the White House as a convicted criminal, the brinkmanship being exhibited by Team Trump over court orders involving an erroneously deported immigrant seems ominous.
The Trump administration has been taunting the judiciary via dilatory tactics and obfuscation in the case of Kilmar Abrego Garcia. This protected-status immigrant from El Salvador, who is married to a U.S. citizen and has three children, was shipped off to a brutal Salvadorian rent-a-prison without due process, based on a faulty identification.
U.S. district court judge Paula Xinis has ordered the administration to find and return Abrego Garcia so that he can receive due process prior to deportation, and a 5-4 majority of the U.S. Supreme Court concurred that the order must be obeyed, albeit with some consideration of the complications of the case. But even though Judiciary Department lawyers have admitted in court that Abrego Garcia’s deportation was the result of an error, the White House has stalled in complying with Xinis’s order. And in a bizarre Oval Office meeting with Salvadoran president (and self-described dictator) Nayib Bukele, Trump and his attorney general suggested it was now Bukele’s problem. The Salvadoran leader said he would not “smuggle” a “terrorist” back into the United States. Right there in front of the cameras, White House policy director and infamous nativist Stephen Miller misstated the Supreme Court decision and kept referring to Abrego Garcia as a terrorist, the disputed attribution at the very center of the legal case. It all seemed like an extended mockery of the rule of law.
The administration is clearly playing rope-a-dope on the entire situation. And while it may ultimately comply with the courts, extract Abrego Garcia from prison, and give him a real hearing, the political question is why Team Trump is dragging this out in the glare of global bad publicity. Is this really the ground on which the 47th president will trigger a much-feared constitutional crisis by openly defying the judicial branch of government, including the Supreme Court that has been so very good to him? That’s what a lot of Trump critics believe is happening before our incredulous eyes.
I personally believe the administration will eventually submit to the courts, albeit as minimally as possible. But it’s possible Team Trump thinks the president’s foreign-policy powers, which they claim are at stake in such cases, are strong enough that it’s the Supreme Court that will submit to Trump’s authority to do as he wishes with immigrants.
Politically speaking, this is a fight the administration is eager to take on even if it temporarily loses, because it’s all happening on Trump’s favored turf at the intersection of the immigration and crime issues. At a time when the president is losing popularity steadily thanks to his economic policies, and particularly his tariff policies, it’s probably a relief to get back to the argument that America is succumbing to an “invasion” by criminal immigrants eager to rape, pillage, and eat pets. It seemed to have worked in 2024. Why not in 2025?
Recent polls regularly confirm that of all the controversial things Trump has done in the first 11-plus weeks of his second term, his handling of immigration policy is the most popular. This is true in polls that rate his overall job performance negatively (an April 8 Economist–YouGov survey giving him a net minus-seven approval rating overall but a plus-six approval rating on immigration) and positively (an April 10 Harvard–Harris survey giving him a net plus-two approval rating overall but a plus-seven approval rating on immigration). It’s entirely possible, and even likely, that when the full implications of the Trump-Miller immigration agenda become manifest, particularly when legal immigrants and even citizens are affected, this general-public approbation will fade or even head due south. Indeed, pollster G. Elliott Morris has published an analysis arguing that support for Trump’s positions declines steadily as questions about them become more specific:
“[W]hen various pollsters asked if they would support deporting immigrants who have been here more than 10 years (as in the case of Abrego Garcia), U.S. adults said “no” by a 37 percentage point margin; Americans disapprove of deporting immigrants who have broken no laws other than laws governing entry; they oppose deporting U.S. citizens convicted of crimes to foreign jails, such as [El Salvador’s] CECOT, and they oppose housing migrants at Guantanamo Bay while they are processed. All of these are policies the Trump administration has now floated or is actively carrying out.”
So the administration may be guilty of rhetorical overreach on immigration at a time when the mass-deportation program is actually going pretty slowly. But what about all the constitutional fears raised by cases like that of Abrego Garcia? Won’t Americans recoil at those signs of a presidency determined to become imperial? Maybe not.
Team Trump has clearly internalized one of the big lessons of the 2024 presidential election: that threats to “the rule of law” or “the Constitution” or “democracy” don’t mean a lot to persuadable voters who are most concerned about living costs and their own sense of well-being. If what Trump tried to do on January 6, 2021 doesn’t rise to the level of a voting issue for well over half the electorate, then is there any reason to believe that Abrego Garcia’s “due process” rights will matter? What is “due process,” anyway? Like the “presumption of innocence” from which Abrego Garcia should also benefit, it’s a legal concept that an awful lot of regular folks either don’t understand or find problematic, particularly when applied to someone the president of the United States has labeled an alien criminal terrorist.
So Team Trump is happy to defy the rule of law, at least at a level short of overt defiance, in any controversy involving immigrants. It pleases the nativist MAGA base immensely to see the administration run circles around “activist judges” in ridding the country of the people Democrats allegedly brought in to “replace” the country’s historic white majority. And it’s unclear at this point that Democrats and other Trump critics can make smash-and-grab ICE operations that land peaceful American residents in overseas hellholes as frightening as they should be. But as with the increasingly unpopular Trump tariff program, the immigration agenda may lose support the longer, the louder, and the more chaotic it becomes.
Democrats arent losing voters to Republicans because of their superior efforts to spread economic opportunities. Republicans dominate the narrative and are able to get the attention of media. Democrats need to find their own way of doing that which should not involve trying to immitate the Republican focus, style or policies
on what working class was upset about: I thought the post here on ” A Tale of Two Populisms” by Guy Molyneux was pretty accurate. The voters the democrats want back rage is directed at politicians not so much wall street.
There is a problem of being able to trust politicians especially democrats and a belief that the only things that Democrats fight for are what they’re being told (on social media, news sites, commenting sections, newspapers) take down society. How are Democrats going to counter that message?
It feels very military take over out there. Failure in war was because America was too nice to our enemies, failure in society because America was too nice to people who werent “real” Americans and those who made the wrong choices, or so they say. It also explain why working class had to get on welfare, or the biggest shame they can think of. It was the black president’s fault. Its the Jews. Their power is the reason why we’re losing the wars.
White nationalism is supposed to give a purpose to the wars as well.
How are democrats going to change that?
Anyway, the conclusion of that study, which was about the fundmental shift in the geography of opportunity (higher percentage of college educated and economic rate of growth in large cities vs rural) was that Democrats and Republican, including Trump had their differences in who they blamed but both were both at square one in “finding ways to more widely disperse opportunity beyond well-educated workers in a few highly networked urban centers of clustered talent.
I think Democrat party should put the left in their party in charge of finding those policies but the message advertising should be focused on as what is best for all families, if indeed it could be argued that it was.
The left has the energy, they are the fighters. That is what this party needs.
Even so, the democrats are going to be in constant competition with the attention grabbing and dirty fighting of the Republican party, as well as their control of the government and all things media, so creativity is needed as well.
I have to add that there should be some thinking on how can the war industry and our involvement in the world be changed into something that enhances life on this planet rather than destroys it. That involves jobs. The corporations that are profiting from war should be encouraged to do something else in the direction of technological advances. Protecting the environment should be included in that. Star Trek it up.