Homan will instead be the Trump administration’s “Border Czar,” a title that could grant him significant influence over immigration and border policy without the formal authority — and guardrails — that come with being a Cabinet secretary.
“White House appointees are subject to less oversight than Cabinet and sub-Cabinet officials,” said Katherine Hawkins, senior legal analyst for the Project on Government Oversight.
Leading the charge Taken at face value, Trump’s post gives Homan a massive amount of power.
Homan’s purview includes, but is “not limited to, the Southern Border, the Northern Border, all Maritime, and Aviation Security,” Trump wrote.
Hawkins pointed to Trump senior policy aide Stephen Miller, saying he “was probably the single most influential policy voice on immigration and border issues” during the Republican’s first White House term.
Photo by Kevin Dietsch via Getty Images.
Compared to some of his own Cabinet members, President-elect Donald Trump’s choice to implement his extensive deportation plans might have more authority and be subject to less congressional oversight.
This is because the former U.S. A. Tom Homan, the acting director of Immigration and Customs Enforcement, will not be assigned to a sub-agency dealing with immigration matters or directly oversee the Department of Homeland Security.
Homan will instead serve as the “Border Czar” for the Trump administration, a position that could give him considerable control over immigration and border policy without the formal power and restrictions associated with being a Cabinet secretary.
In a Sunday night post on his Truth Social platform, Trump declared that Homan had been chosen, placing the immigration hardliner “in charge of our Nation’s Borders.”. “”.
Additionally, according to Trump’s post, Homan will “be in charge of all Deportation of Illegal Aliens back to their Country of Origin.”.
Homan will not need congressional approval to serve under Trump, in contrast to Cabinet nominees or the approximately 1,200 other federal positions that need Senate confirmation. Experts told CNBC that he might be shielded from additional Legislative Branch scrutiny.
Katherine Hawkins, a senior legal analyst for the Project on Government Oversight, stated that Cabinet and sub-Cabinet officials are subject to more oversight than White House appointees.
“It is much more difficult for Congress to enforce subpoenas against White House officials, and they are more likely to refuse to testify and have that refusal upheld by courts, citing executive privilege,” Hawkins stated.
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Even though those staffers might not have official congressional authorization, that does not imply that they are less important than their Senate-confirmed counterparts.
“Who is truly more powerful in practice depends on things like access to the president and the willingness of Cabinet and other agency officials to turn down demands from the White House,” Hawkins stated.
A Trump transition spokesperson refused to comment when CNBC reached out to them.
Lee Gelernt, an American Civil Liberties Union lawyer who has fought against immigration policies under both the Biden and Trump administrations, concurred.
His lack of an agency position “may make it harder to have meaningful checks on his actions and will not decrease his influence,” he stated.
Czars can have significant policy effects “while simultaneously obstructing congressional oversight, which is critical to ensuring accountability of those acting on behalf of the U.S. government,” according to Faisal Al-Juburi, chief external affairs officer of the immigrant rights advocacy group RAICES. S. the government. “”.
According to Al-Juburi, the positions “make it difficult, if not impossible, to determine who maintains authority over policies that stand to have a wide-ranging impact on the American people.”.
taking the lead.
Homan has a great deal of power if Trump’s post is taken at face value.
Jan., when the new government assumes power. 20, 2025, Homan will be responsible for carrying out the deportation of millions of undocumented immigrants, which was a key pledge made by Trump during his campaign.
“The Southern Border, the Northern Border, all Maritime, and Aviation Security are all included in Homan’s jurisdiction,” Trump wrote.
A mass-deportation plan would require complex, extensive collaboration between federal government agencies, local law enforcement sources, host countries, and other entities, and it would present previously unheard-of logistical challenges. Many people, including mixed-status families with children, would be difficult to find, detain, and remove, and the expenses would be prohibitive, according to NBC News.
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Homan, 62, has been among the most vocal proponents of the policy. He reportedly pledged earlier this year to “run the biggest deportation force this country has ever seen.” He is a frequent guest on Fox News and spoke at the 2024 Republican National Convention. “”.
The highly contentious “zero tolerance” border policy of the Trump administration, which caused the separation of thousands of immigrant families and was rescinded by Trump in 2018, has been attributed to Homan.
In a recent interview with CBS News’ “60 Minutes,” Homan responded, “There is no doubt that mass deportations could occur without family separation.”. Together, families may be deported. “.”.
Gelernt expressed his expectation that the appointment will “have far reaching anti-asylum, anti-immigrant implications” in light of Homan’s actions during Trump’s first administration and his subsequent remarks. “”.
It’s unclear how Homan will use his power. Professor John Harrison of the University of Virginia School of Law told Congress in 2009 that it was highly unlikely that any member of the White House staff—the kind of person sometimes referred to as a czar—could truly exercise legal authority.
However, Harrison told CNBC in an interview on Monday that “as a practical matter,” those employees can still have a big say in policy decisions.
Hawkins cited Stephen Miller, a senior policy aide to Trump, as the Republican’s “most influential policy voice on immigration and border issues” during his first term in office.
Miller lasted the longest, was closest to Trump, and typically got his way despite some pushback from DHS officials, she said. “.”.
According to NBC on Monday, Miller is anticipated to be appointed as Trump’s deputy chief of staff for policy.
