Trump wants to “lower the profile of his mass deportation effort,” the Journal reveals. He wants voters to think the targets of these deportations are “bad guys,” not noncriminal undocumented residents. He wants less visibility for ICE raids in cities, fewer public confrontations with local officials, and less public talk about “mass deportations,” which, he now grasps, are hideously unpopular.
To be clear, this report deserves serious skepticism. It very much bears watching whether ICE will actually end up deprioritizing the removal of noncriminal immigrants. Trump mostly wants the appearance of a pivot: According to the Journal, he wants a focus on “criminals” in GOP “messaging.”
Case in point: Miller just met with Texas state legislators and floated a truly extreme proposal. The New York Times reports that Miller discussed the idea of ending state public funding for the education of undocumented children, and asked the lawmakers why they hadn’t passed a bill restricting education to kids who are citizens or are lawfully present in the United States.
Getting a red state to attempt this would run afoul of a 1982 Supreme Court decision that blocked states from denying public education to young people based on immigration status. Plyler v. Doe is not as well known as the other big civil rights rulings, but it’s momentous: It held that restricting public education this way would violate the Fourteenth Amendment’s enshrinement of equal protection before the law.
That would be seismic. The basic principle at issue is whether these kids are to be regarded as equal persons despite being undocumented. The Burger court found that denying them education would relegate them to an unacceptable subclass status. As immigration law scholar Hiroshi Motomura explains, the ruling embodied the idea that “the emergence of a permanent subcaste is intolerable within a national constitutional culture based on equality.”
This would immeasurably impoverish our nation, but the effort advances Miller’s ideological project in still another sense. Trump wants the Supreme Court to rule in favor of his 2025 executive order ending birthright citizenship. That of course also involves the Fourteenth Amendment—its guarantee that all persons born in the United States are automatic citizens.
That’s precisely what Trump and Miller want. You can hear echoes of this in JD Vance’s now-infamous suggestions that heritage, not adherence to creedal ideals, makes one American. As Jamelle Bouie explains, Vance’s vision is of “tiered citizenship” based not on equality of birth but on one’s “connection to the soil and to the dead.” Substacker Ned Resnikoff hears hints of this in Secretary of State Marco Rubio’s Western-civilizational-supremacist rhetoric, as well.
The true essence of Miller’s project resides here. It is to treat immigrants—not just undocumented ones but lawfully present ones, and even their American-born children—as fundamentally unfit to become American, as a civilizational threat of existential proportions. That threat must be arrested via mass forced removals—hence the Department of Homeland Security’s rhapsodizing about 100 million deportations—and via an end to treating immigrants and their kids as equals.
Trump can dress this up with spin about targeting “criminals” all he likes. But until all the ethnonationalist, civilizational-emergency-mongering nonsense is exorcised, the deeper problem will fester. Trump believes all those ideas himself, but the depth of his commitment to them has never been all that clear. One doubts he’ll be so inclined, but should he ever want to end this madness, only one move on his part—a big personnel move—can truly put an end to it.
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