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President-elect Donald Trump has vowed to implement the most aggressive border and immigration crackdown in U.S. history, including mass deportations of the estimated 13 million undocumented immigrants living in the country. However, as with his first term, his ambitious agenda faces major obstacles—legal, logistical, and financial.
Legal Hurdles and Workforce Constraints
Trump’s previous immigration policies frequently faced legal challenges, with courts rejecting many of his initiatives on substantive or procedural grounds. His plans to end birthright citizenship, a right guaranteed by the 14th Amendment, would require a constitutional amendment—a lengthy and difficult process.
Furthermore, using the military to assist in mass deportations is legally questionable, as even emergency powers do not grant such authority.
Trump also lacks the workforce to achieve his ambitious deportation goals. Deporting millions would require a massive expansion of Immigration and Customs Enforcement (ICE), including thousands of additional agents and detention facilities.
Experts estimate that deporting 1 million undocumented immigrants annually would cost $88 billion, exceeding the Department of Homeland Security’s entire current budget.
Incoming Border Czar Tom Homan acknowledged the scale of the program depends heavily on congressional funding. “We want to arrest as many people as we can that are in the country illegally,” Homan stated, emphasizing that no undocumented immigrant would be exempt from deportation.
Economic Concerns and Political Resistance
Mass deportations could devastate industries reliant on undocumented labor, such as agriculture and construction. Major business lobbies and agricultural groups have expressed concerns about the economic fallout of Trump’s plans.
In response, Trump has softened his rhetoric, signaling a focus on deporting individuals with serious criminal records, which aligns with the current Biden administration’s priorities.
Critics argue that targeting immigrants—who statistically have lower crime rates than native-born citizens—could disrupt communities and drain resources. Additionally, policies such as deporting individuals for minor infractions, like turnstile jumping or soliciting a prostitute, could overburden the legal and detention systems.
Enforcement Tools and Challenges
Despite these concerns, Trump inherits a robust immigration enforcement apparatus, strengthened during the Biden administration, which reached a 10-year high of 271,484 deportations in 2024. Expanding this infrastructure would require significant resources and logistical planning.
Federal immigration laws, such as the 1996 Illegal Immigration Reform and Immigration Responsibility Act, give the government broad authority to expedite removals.
However, determining eligibility under these laws—such as verifying how long an individual has been in the country—poses additional challenges.
Legal and Procedural Setbacks
Many of Trump’s prior policies were struck down due to procedural errors, such as failing to follow the Administrative Procedure Act (APA). For example, courts rejected his attempt to force asylum seekers to seek protections in other countries first, citing a lack of required notice.
Trump’s previous reliance on acting officials who bypassed Senate confirmation also undermined the legitimacy of some policies. Courts invalidated actions taken by unconfirmed appointees, such as former acting DHS Secretary Chad Wolf, highlighting the importance of following proper protocols.
Escalating Political Battles
Trump’s promise to end humanitarian protections like DACA and Temporary Protected Status (TPS) could reignite fierce political and legal battles. Critics argue that revoking these programs would undermine protections for vulnerable populations, such as children brought to the U.S. as minors.
Rep. Veronica Escobar (D-Texas), whose district borders Mexico, warned of the potential constitutional violations in Trump’s approach. “I think he’s going to trample over existing law and the Constitution left and right,” she said.
However, lawsuits and legal opposition may slow down these efforts, as courts historically served as a check on Trump’s executive actions during his first term.
Uncertain Path Forward
As Trump prepares to take office, questions remain about the feasibility and wisdom of his immigration agenda. While he has signaled a willingness to adjust his rhetoric under economic and political pressure, his ambitious deportation promises face significant barriers. Legal challenges, funding constraints, and logistical realities will likely shape the trajectory of his plans, leaving the future of U.S. immigration policy uncertain.
