President Donald Trump’s taxpayer-funded mass deportation campaign has tormented communities across the country with militarized federal agents, killed immigrants and US citizens alike, abused demonstrators and detainees of all ages, and sparked fears of an expansive effort to strip citizenship from Americans.
The “Terrorizing Migrants” report released Tuesday by the Costs of War Project at Brown University’s Watson School of International and Public Affairs details how Trump’s xenophobic campaign reflects “specific law and policy options created and strengthened among all three branches of the US government, on a bipartisan basis, since 9/11.”
“These law and policy options place heightened unchecked discretionary authority within the administration, and are particularly ripe for abuse against noncitizen persons of color by immigration authorities, law enforcement agents, and other executive branch officials,” wrote Widener University Delaware Law School assistant professor Elizabeth Beavers, author of the report.
The publication focuses on five key post-9/11 precedents borrowed from the “War on Terror,” though it acknowledges that “the Trump administration is relying on laws and policies far beyond those described in this paper to effectuate its broader anti-immigrant agenda, and justifying much of it in national security language.”
The first of the five precedents is “conflation of immigration enforcement and counterterrorism.” The report recalls that after the 2001 terrorist attacks, the Federal Bureau of Investigation “orchestrated a mass investigation” that “exclusively targeted Arab, Muslim, and South Asian immigrants in a dragnet roundup, subjecting them to secretive detention at locations inside the US,” and holding many of them “for weeks or even months without any charges at all.”
Beavers also pointed to the George W. Bush administration’s launch of the National Security Entry and Exit Registration System, as well as the creation of the US Department of Homeland Security and the placement of Immigration and Customs Enforcement within DHS. ICE and Customs and Border Protection agents have been key to Trump’s campaign.
The Muslim ban from Trump’s first term “built upon the structures that came before it, but greatly expanded legal presumptions that people of particular races, religions, and nationalities carry inherent danger,” Beavers wrote. His second term policies have “extended this precedent to its logical conclusion by framing migration itself as terrorism. And nearly 25 years after its post-9/11 creation, ICE has been unleashed and empowered to roam American streets, snatching and disappearing people they perceive as unlawfully present, often based solely on race, and often without verifying their immigration status.”
The second precedent Beavers explored is “expanded and politicized ‘terrorist’ designation lists.” She noted Trump’s invasion of Venezuela and abduction of its president, Nicolás Maduro, as well as his boat-bombing spree allegedly targeting drug traffickers in international waters.
The expert also dove into “deporting people as ‘terrorists’ without proving actual violent conduct,” flagging Trump’s “reverse migration” pledge after an Afghan man allegedly shot two National Guard members in Washington, DC, along with the administration’s decision to “hold and review” asylum applications for people from “high-risk” countries.
That review, she warned, “could result in mass removal from the country of ‘terrorist’ noncitizens who involuntarily paid money to cartels at some point in their lives, whose family remittances have crossed hands with cartel-controlled actors, who have family members or other connections to a designated cartel but no involvement themselves, or who have unwillingly been pressed into service of a cartel at some point.”
Much gratitude to @costsofwar.bsky.social for publishing my newest paper, highlighting how legal tools that started as post-9/11 counterterrorism abuses are now being weaponized further for Trump’s anti-immigrant agenda:
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— Elizabeth Beavers (@elizabethrb.bsky.social) May 5, 2026 at 10:49 AM
The fourth precedent examined in the analysis is “indefinite detention, torture, and rendition of noncitizens.” Beavers began the section with the detention camp at US Naval Station Guantánamo Bay in Cuba, which she called “perhaps one of the most notorious features of the US government’s post-9/11 ‘War on Terror.’”
“It is both a place where every post-9/11 president has detained Muslim men in connection with the post-9/11 counterterrorism wars, but it is also a place where unauthorized migrants are sometimes held,” she wrote. “More than 700 migrants have been sent to and from Guantánamo in President Trump’s second term, detained there by ICE with support from the military.”
The expert also highlighted Trump’s deportation of hundreds of men to El Salvador’s infamous Terrorism Confinement Center (CECOT)—based on often dubious claims that they belonged to the gang Tren de Aragua, which the president designated as a terrorist organization—as well as the “practice of disappearing people into secretive immigration detention” within the United States, and reports indicating that “abusive treatment in those facilities may amount to unlawful torture.”
The final precedent Beavers explored is the “anti-democratic concentration of executive national security powers.” She wrote that “the second Trump administration has made prompt use of this latitude” from federal courts since 9/11.
“This has included: manipulating the ‘terrorist’ designation lists in novel ways to include drug cartels without needing court approval, which has expanded the scope of people who can be deported as ‘terrorists’; claiming a maximalist version of its immigration powers, daring courts to intervene; invoking the state secrets privilege to avoid accountability in cases challenging its deportation orders; and indefinitely detaining and torturing migrants,” Beavers continued. “They have taken each of these actions without fear they will be meaningfully held accountable in court.”
Based on her review, the professor concluded that “indisputably, administration officials are weaponizing the law in new and particularly indefensible ways to effectuate a widespread harassment and mass deportation campaign that is more akin to ethnic cleansing than routine immigration enforcement.”
“Neither Congress nor the courts have meaningfully checked presidents or held them accountable for their expansive and spurious claims of war authorities, national security powers, and counterterrorism mechanisms to justify harmful and discriminatory practices against noncitizens and especially against people of color,” she stressed. “In these and many other ways, US policymakers on a bipartisan basis built and sharpened the legal weapons that President Trump is now utilizing against immigrants.”
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