What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A

The first several months of President Donald Trump’s second administration have been marred by the chaotic and often unlawful use, or threatened use, of wartime and terrorism-related authorities for what are essentially domestic immigration or criminal law enforcement purposes. This is not the first time a president has sought to push the boundaries of his wartime powers, or outright claimed those he did not have, but it may well be the most extreme. Indeed, Trump’s reliance on wartime authorities in contexts entirely divorced from armed conflict, or even the threat of force against the United States, puts the country on a novel and highly dangerous path. This is especially so given the extent to which he and his administration are demonizing and dehumanizing the people against whom they have aimed such powers. The language Trump is using has both political and legal aims; by using the rhetoric of war he seeks to legitimize his aggrandizement of power and his persecution of vulnerable populations.