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Asked about Trump using ‘military assets’ for mass deportation, Pritzker says the plan may be ‘unconstitutional’ and ‘illegal’

Monday, Nov 18, 2024 - Posted by Isabel Miller

* Background is here if you need it. ABC News

President-elect Donald Trump on Monday confirmed he would declare a national emergency to carry out his campaign promise of mass deportations of migrants living in the U.S. without legal permission.

Overnight, Trump responded to a social media post from Judicial Watch’s Tom Fitton, who said earlier this month there are reports the incoming administration is preparing such a declaration and to use “military assets” to deport the migrants.

“TRUE!!!” Trump wrote.

Trump pledged to get started on mass deportations as soon as he enters office.

“On Day 1, I will launch the largest deportation program in American history to get the criminals out,” he said during a rally at Madison Square Garden in the closing days of the presidential race. “I will rescue every city and town that has been invaded and conquered, and we will put these vicious and bloodthirsty criminals in jail, then kick them the hell out of our country as fast as possible.”

* During an unrelated news conference today, the governor was asked about Donald Trump’s plan to declare a national emergency to carry out mass deportations of migrants in the US

Q: You may have heard this morning, President-elect Trump confirming on Truth Social that he’s likely to declare a state of emergency for deportation and use the military to do that. What would that mean here in Illinois? Could he use the Insurrection Act to call out the National Guard and how would you respond to that?

Pritzker: We, of course are deeply concerned about the President of the United States calling out military inside the United States, where people are peaceful, even if there may be people who are undocumented. But the idea of calling out the Army into the domestic confines of the United States seems uncalled for, and may, in fact, be unconstitutional and illegal. We’ll look into that. Honestly, he says a lot of things. You never know what he’s telling the truth about, so we’ll have to see.

Q: He had talked back in the George Floyd riots, having governors call up the National Guard to help quell the violence. Senior advisors apparently talked him out of that. What is your hope as he talks about this about what may not actually happen?

Pritzker: Well he does not have the ability to call out the National Guard inside the confines of the United States, the governors do. There are two different provisions of the Act that authorizes the use of the National Guard, Title 10, Title 32 and he doesn’t have under either one of those the ability to call the National Guard out again in the United States of America. He can, however, call out the National Guard to fight in foreign wars. And he indeed, has done that. We’ve sent many, many thousands of National Guard over just my term in office to serve abroad, and that’s at the behest of the President of the United States, whether it was Joe Biden, or before him, Donald Trump.

* Meanwhile, from the New York Times

Some of the first maneuvering by top Democrats began this past week, when Mr. Pritzker and Gov. Jared Polis of Colorado announced the formation of a group called Governors Safeguarding Democracy. Its unveiling followed several days of behind-the-scenes drama, as several fellow Democratic governors declined to join the group, at least for now.

A draft news release listed six other governors as members of the coalition led by Mr. Pritzker and Mr. Polis. But four of them - Andy Beshear of Kentucky, Maura Healey of Massachusetts, Michelle Lujan Grisham of New Mexico and Josh Shapiro of Pennsylvania - declined to join, according to people briefed on the discussions.

Govs. Tony Evers of Wisconsin and Josh Green of Hawaii were also named on the draft news release, but neither has yet agreed to join the group.

Alex Gough, a spokesman for Mr. Pritzker, said that the group had been working with 20 governors’ offices but that “not all of these governors wish to be named publicly at this time for understandable reasons, including the potential threats states are facing.”

       

30 Comments »
  1. - Amalia - Monday, Nov 18, 24 @ 11:18 am:

    say what you want about what Trump has legal authority to do or not but be ready. he has other than the National Guard at his disposal, ATF, other Fed resources. ready for protests, ready for violence. you know how he loves chaos and wants us to look unable to govern.


  2. - 47th Ward - Monday, Nov 18, 24 @ 11:28 am:

    ===Honestly, he says a lot of things. You never know what he’s telling the truth about, so we’ll have to see.===

    This. Don’t take the cheese every time President-elect Trump promises to do something outrageous. Don’t listen to what he says, react to what he actually does. It’ll save you a lot of time and stress.

    Also, mass deportations would result in economic catastrophe. Trump knows it. His allies in business know it. Governors know it. Even if it could be done, forcing so many people out of the country and out of the workforce will be a disaster.

    Trump is a master at bluster and bluffing. He will try to distract the country while he and his minions pilfer everything they can. I see nothing but lawsuits and federal government paralysis for the next four years.


  3. - @misterjayem - Monday, Nov 18, 24 @ 11:43 am:

    If I’ve learned anything in the last eight years, it’s that ‘unconstitutional’ and ‘illegal’ don’t mean what they meant when JB and I took the bar exam.

    – MrJM


  4. - Norseman - Monday, Nov 18, 24 @ 11:46 am:

    MrJM +1 (although I didn’t take the bar, I go into them)


  5. - @misterjayem - Monday, Nov 18, 24 @ 11:50 am:

    You made much better choices, Norseman.

    – MrJM


  6. - Jilted - Monday, Nov 18, 24 @ 11:51 am:

    Oddly enough I recall jb sending the guard to chicago during floyd riots…hmmmm


  7. - Mason County - Monday, Nov 18, 24 @ 11:53 am:

    Trump sometimes just floats things out there to see the reaction. So hard to tell at this time.

    Normally the Posse Comitatus Act Guard troops to be called out by the Feds- it is state controlled.
    .

    However, Eisenhower (1957) and JFK (1962, 1963) did federalize the National Guard, at the resistance of the states, so there seems to be legal precedent. All three instances were done by EO.


  8. - Give Us Barabbas - Monday, Nov 18, 24 @ 11:54 am:

    It was premature to talk publicly about the governor group. Better to be working on that on the down low first. Get out of campaign mode thinking where you have to respond to every little thing right away. Keep making plans for whatever is coming but it’s not wise to tell Trump’s people in advance. The key concept now is to be resilient in response to actual events while keeping the receipts on all the malfeasance to come, with an eye to the midterm elections.


  9. - Sir Reel - Monday, Nov 18, 24 @ 11:55 am:

    My take is that Trump will slow walk deportations cuz he blames immigrants for every single problem in America and, if they were all gone, then who would he blame? Oh, I forgot! Democrats.


  10. - Rich Miller - Monday, Nov 18, 24 @ 12:05 pm:

    ===Oddly enough I recall jb sending the guard to chicago===

    What’s odd about that?


  11. - ZC - Monday, Nov 18, 24 @ 12:08 pm:

    I mean someone has got to be taking “point” on pushing back on Trump about this, so I’m happy JB is. Even if Trump is probably going to try and skin IL for it, where he can economically.

    I think two things at least are going on here, not uncontradictory. One is, JB ran in 2018 and won, in part facing a lot of skeptical Democratic progressives, on a platform of, “Hey, do you hate Donald Trump? I hate Donald Trump!” Pols tend to repeat the strategies that got them victory. I don’t think it’s a great revelation that JB now has his eye on the White House. Hatred of Trumpism could build a lot of bridges with progressives nationwide who might otherwise not be in love with the idea of a white guy billionaire running for the nomination.

    But second I do think JB has a personal revulsion for the rhetoric coming out of the Trump White House, as a Jew, and Pritzker is thinking - while hopefully it is “just talk” and won’t go anywhere near as far - that there’s something very, err, reminiscent in the language Trump is now using to demonize immigrants in the U.S., as a way for him to climb to power.


  12. - Donnie Elgin - Monday, Nov 18, 24 @ 12:19 pm:

    JB seems to assuming leader of the a coalition of left-leaning Govs ( as the post alluded membership is somewhat murky). But as a guest on the Joy Reid show and made several interesting points
    1. He goaded the Feds into trying to round up migrants with their limited resources
    2. He assumed he had the support of all local LEOs including sheriffs- to block the feds
    3. He touted the benefits of undocumented workers as they pay taxes but don’t get any benefit from them

    https://www.msnbc.com/the-reidout/watch/democratic-governors-form-coalition-to-safeguard-democracy-in-the-face-of-trump-s-extremism-224398405907


  13. - Mason County - Monday, Nov 18, 24 @ 12:22 pm:

    @Jilted.
    Yes, JB did that. Totally legal use of the NG.


  14. - Mary Beth - Monday, Nov 18, 24 @ 12:24 pm:

    ==taking “point” on pushing back on Trump about this==

    It would be interesting to see how Trump’s position polls versus the “resistance” position. I’d also be interested in seeing if most Americans believe Trump deserves a honeymoon period like most new Presidents and Governors get when first elected. Obviously, Trump’s history and background are a bit of an uncharterd territory.

    I think most folks want certainty on immigration policy and enforcement activities and expect law enforcement to work together. I’m not sure how this posturing, on both sides, achieves that.


  15. - Payback - Monday, Nov 18, 24 @ 12:27 pm:

    “Even if it could be done, forcing so many people out of the country and out of the workforce will be a disaster.” Ah yes, the stock Baby Boomer excuse of who will cut our lawns and wash the dishes? It’s so hard living in America.

    My high school history teacher (R.I.P.) told us that President Eisenhower federalized the Arkansas National Guard to integrate schools. So I guess using the military for social engineering is okay, if the local yokels are resistant.


  16. - Sue - Monday, Nov 18, 24 @ 12:30 pm:

    Maybe JB and Newsom can vie for the most “Newcomers” residing in their states as they both struggle with growing budget deficits


  17. - Anyone Remember - Monday, Nov 18, 24 @ 12:34 pm:

    ===So I guess using the military for social engineering is okay, if the local yokels are resistant.===

    If enforcing the Supreme Court decision Brown vs. Board of Education of Topeka is “social engineering” …


  18. - Anotheretiree - Monday, Nov 18, 24 @ 12:37 pm:

    Doesn’t mass deportation imply, that if you don’t look like you could’ve been on the cast of Dukes of Hazard, that you need to start carrying a birth Certificate if you travel south of I80 ? “Your papers please” may become a US phrase ? If I was in that group, I would change tail light bulbs and put a notarized BC in the glove box. Red hat on the dash also…


  19. - Demoralized - Monday, Nov 18, 24 @ 12:39 pm:

    ==I think most folks want certainty on immigration policy ==

    It makes me feel “icky” that a majority of the people in this country voted for a man who wants to bring detention camps back “in style.” He wants to dehumanize these people. It’s sickening.


  20. - 47th Ward - Monday, Nov 18, 24 @ 12:40 pm:

    ===Baby Boomer===

    How dare you? At long last, have you no decency?

    I am far too young to be a baby boomer.


  21. - H-W - Monday, Nov 18, 24 @ 1:10 pm:

    Trump said he would close the border the first time, with a big, beautiful wall. The Mexican Border is 2,000 miles. Trump built 52 miles of new wall.

    Trump says he will deport all undocumented workers in America. There are an estimated 11.8 M undocumented workers in America. Based on his track record regarding the Wall, it is doubtful Trump will be successful. However, he will in fact secondarily cause the deaths (murders) of some people, remove more children from their families, and deport a lot of actual citizens.

    Anyone want to take a bet?


  22. - clec dcn - Monday, Nov 18, 24 @ 1:47 pm:

    JB is flexing his muscles and frankly he can in Illinois but otherwise I glad to see something being done about coming into the country illegally. The best path is probably to start high road and meet in the middle. Trump has taken the high road and some of his advisors have suggested a balance approach.


  23. - Friendly Bob Adams - Monday, Nov 18, 24 @ 1:50 pm:

    Let’s say in January that federal agents (or federal troops) enter meat processing plants in Iowa and detain 80% of the workers, ship them to the border and push them across. Who is going to stop that? Congress? The Supreme Court? I don’t think so. It’s scary and sad.


  24. - H-W - Monday, Nov 18, 24 @ 2:13 pm:

    @ Friendly Bob Adams

    Yes it is scary. And it is in fact quite likely that these sorts of small-scale “roundups” are going to happen. Indeed, it even makes sense in places like Iowa where every one talks the talk. And after several of these family and local economy disruptions, the new Administration will have fodder.

    But in Illinois? In Monmouth and Beardstown, where international workers convert pigs into Smithfield hams and bacon? Good luck. That sort of fodder will not play well in Peoria.

    And as I suspect, in the end, the new Administration will have acted so as to cause direct harm to a small number of international workers, some with visas and some without, and cause serious harm to many families. But they will not put a dent in the “massive” number of undocumented workers in the U.S. of A., and will in the end do no good: only harm.


  25. - Pundent - Monday, Nov 18, 24 @ 2:21 pm:

    =Trump has taken the high road and some of his advisors have suggested a balance approach.=

    He has? Trump coined the term “migrant crime” as a means to demonize asylum seekers even though the rate of crime amongst these individuals is far lower than U.S. citizens. While our immigration system has been broken for some time Trump’s interest in all of this has been divisiveness.

    Fortunately I don’t believe that Trump and his appointees are capable of pulling off the mass deportation he’s promised. And frankly I don’t think he cares. It was simply a winning campaign strategy. It was the sequel to “the wall.”


  26. - Donnie Elgin - Monday, Nov 18, 24 @ 2:51 pm:

    = In Monmouth and Beardstown, where international workers convert pigs into Smithfield hams and bacon?=

    It would make sense for Trump’s Feds to target Smithfield - they have locations in Illinois which is JB land, and Smithfield is owned by the Chinese.


  27. - allknowingmasterofraccoondom - Monday, Nov 18, 24 @ 3:32 pm:

    I am a big JB fan. But he is making some politically dangerous assumptions here.

    The majority of the country did vote for trump and his policies.

    The border is definitely a problem, and was a huge part of the D’s losing their rear ends.

    So when JB talks in (kinda) support of the status quo, he is walking in a dangerous jungle.

    Was he not watching on election day?


  28. - Mason County - Monday, Nov 18, 24 @ 4:08 pm:

    =But in Illinois? In Monmouth and Beardstown, where international workers convert pigs into Smithfield hams and bacon? Good luck. That sort of fodder will not play well in Peoria=

    Many issues involved in this matter. There is no question that the big meatpackers busted the unions, cut wages nearly in half and them imported people from other impoverished nations to do this hard work. It was hard work, but many, local citizens did this work because it paid very well. But when you cut the wages to barely above minimum wage, well, not so much.

    Once these immigrants were there, over a period of years, it attracted many illegal immigrants.

    I do not think that this happening has met the approval of the “Peoria citizens.

    However, it is wrong to conclude that the immigrant workers in those meatpacking plants are illegally here.

    Keep th issues separate and more well defined.


  29. - H-W - Monday, Nov 18, 24 @ 4:20 pm:

    === and Smithfield is owned by the Chinese ===

    I remember as a child, when Smithfield hams were from Smithfield, Virginia (I grew up in Chesapeake, VA). Back then, they were the saltiest salt-cured hams on earth. Now I guess all hams are the same - even those made with Iowa and Illinois hogs owned by the a Chinese corporation in Hong Kong. Still, it doesn’t justify causing great harm to the meat packers on the bottom of the pyramid.


  30. - Election results - Monday, Nov 18, 24 @ 6:39 pm:

    Actually Trump is at 50% exactly of the popular vote and with more CA votes to be counted he’ll fall below half. And of course that’s just people who voted. So, as much as I hate it, Trump did win the election, but no a “majority of the country” did not vote for him.


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