Thoughts on the Second Trump Administration's Immigration Policies and Tactics

I was interview in February, 2026, by UC Davis Law Review Senior Online Editor Sean Chamberlain about President Trump's second term immigration initiatives.

Here is one snippet:

"Q. Thank you so much for agreeing to speak with me, Professor Johnson. I guess we can dive right in. It seems that the second Trump administration has taken a wide range of actions regarding immigration, which has made it difficult to understand everything that’s happening. What has stuck out to you the most about the administration’s immigration policies and actions so far?

A. What is most striking to me is how many different actions are being taken, how aggressive the actions are, and how little some of the actions appeared supported by the law. I was surprised, for example, by the executive order seeking to restrict birthright citizenship because I had thought that it is well-settled law.

I also was surprised to see the administration rely on the Alien Enemies Act of 1798 to try to deport migrants from the country without due process. That act has only been applied three times in U.S. history — during the War of 1812, World War I, and World War II. To see it invoked in a time not of a declared war, but in my view, exaggerated conflict with gangs in Venezuela, was surprising and actually quite disturbing. The Supreme Court fortunately ruled that the Due Process Clause requires notice and an opportunity to be heard before a noncitizen can be removed from the United States. But I was surprised that the administration relied on the Alien Enemies Act, because that law previously had only been invoked in times of a war declared by Congress. Another thing surprised me: the use of roving patrols of immigration enforcement officers — and the military — on cities and streets across the United States. Such patrols do not seem to be a particularly effective way of identifying criminals, if that is the goal, which is what the Trump administration says it is. But roving patrols on the streets does serve to terrorize communities and has had exactly that impact in Los Angeles and other cities. The Trump administration has said that Immigration and Customs Enforcement (ICE) officers are considering, among other things, Latino appearance, in deciding whether to question people about their immigration status. That tactic struck great fear in the hearts of about half the population of Los Angeles, which is about fifty percent Latino, many of them U.S. citizens and legal immigrants, as well as some undocumented persons. Roving patrols on the streets drive away street vendors, food trucks, and day laborers and have left some usually bustling public places of Los Angeles at times empty, especially the downtown and East Side of Los Angeles, which have heavy concentrations of Latinos. These areas have become ghost towns. People, including some lawful immigrants and U.S. citizens, fear leaving the house. In fact, because so many parishioners are afraid of attending church in person, some Catholic churches in Los Angeles reportedly are performing masses through Zoom. Ultimately, roving patrols are not necessarily an effective immigration policy device, but are extremely effective at terrorizing the immigrant community and raising civil rights concerns."

Click the link above for more of the interview.