Trump’s Anti-Migrant Surge Is Now A Mudslide That’s Wiping Out What’s Left Of His DOJ

Trump’s do everything all at once approach to immigration enforcement is starting to go off the rails. Trump’s plainly stated hatred of “shithole countries” and their inhabitants manifested in early wins for his bigoted “remove the brown people” programs. Then Stephen Miller (the man who answers the “what if a lightbulb had eyebrows and was also a white nationalist” question no one asked) showed up and amped things up. 3,000 arrests per day! he screamed into the void. (The void did not respond to our request for comment before press time.)

A lot of wrenches approached the anti-migrant works and immediately threw themselves into it. First, ICE didn’t have enough officers to staff a surge. No problem, said the administration. Here’s $50,000 and almost no training to get you started! Here’s several (more!) billion dollars to keep it going! Here’s everyone we actually can’t spare from multiple federal agencies!

Bang! Into the blue cities they went, kidnapping and murdering their way towards Miller’s arrest quota. All well and good but at the end of the day, you’ve still got to have some lawyers left to fight the lawsuits these surges generated, as well as to handle challenges against detentions, removals, and direct flights to foreign torture prisons.

Well, the Trump administration no longer has enough lawyers left to do its dirty work. Whoever hasn’t been purged for not being loyal enough or exited ahead of the purges has been asked to clean up a mess with extremely limited amounts of resources and manpower. To make things worse, Trump’s handpicked prosecutors keep being kicked out of court because Trump bypassed the appointment process essential to them remaining employed.

Then there’s the self-inflicted reputational damage Trump’s DOJ has done. The government, for the most part, is no longer granted the presumption of good faith. Courts across the land are not only aware this government isn’t acting in good faith, but they’re refusing to pretend it is, no matter how much copy-pasted boilerplate appears in DOJ filings.

Hundreds of adverse rulings have already been handed down. Hundreds more are on the horizon, especially now that the DOJ has admitted pretty much every arrest that took place in an immigration court was illegal.

It all adds up to the long tail of “flooding the zone.” If you can’t bail water fast enough, you’re going to drown. Here’s how this is working out for the DOJ now, as reported by Kyle Cheney for Politico:

In dozens of cases over the past several weeks, Justice Department lawyers have declined to push back on detainees’ claims that they’re owed a chance to make a case for their release. In those cases, the administration has simply agreed to provide a bond hearing, or even outright release, telling judges that officials “do not have an opposition argument to present” or saying they couldn’t cobble together enough information to mount a defense.

[…]

The new phenomenon is the latest manifestation of the extraordinary strain that the administration’s mass deportation effort — compounded by the mass detention of people who have lived for years without incident in the U.S. interior — has exacted on the justice system.

While ICE bathes in newly awarded billions, the problems its efforts have created are being attended to by a skeleton crew that can’t keep up with Trump’s rights-violating fire hose. That’s created some pretty gaudy numbers, which certainly isn’t a compliment.

Federal judges have ruled more than 7,000 times in recent months that ICE has illegally locked people up without — at the very least — a chance to prove they can live safely in the community.

That’s a lot. This administration is setting judicial records that hopefully will never be broken. It’s not just the government losing cases on the merits. Many of these losses are the result of the DOJ simply being unable to respond at all to legal challenges by people ICE has arrested, detained, or deported.

If there’s a silver lining in this bigoted war on non-white people, it’s everything listed above. Trump’s administration may be evil and stupid in equal measures, but those aspects are being held in check by its inability or unwillingness to anticipate the natural side effects of sending wave after wave of masked goons into cities to kidnap anyone who looks a little bit foreign. The administration is a defective centrifuge that edges closer to disintegration with every rotation. What remains to be seen is who’s going to get hit with the majority of the shrapnel when it finally falls apart. We can only hope it’s the people that started it spinning in the first place.