This article was originally published by John W. Whitehead and Nisha Whitehead at The Rutherford Institute. 

“If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy.”—James Madison

It’s no joke: America is becoming a Constitution-free zone.

Little by little, our rights are being whittled down in the name of national security.

Where do you draw the line?

How much tyranny will Americans tolerate in the name of national security?

At what point does this slippery slope of power grabs lead to dictatorship?

Will we let border police trample on the rights of everyone they encounter, including legal residents and citizens? Turn a blind eye when men, women and children are forcibly detained by gangs of plainclothes agents and made to disappear? Will we accept a national ID card that enables the government to target individuals and groups it deems undesirable? Will we tolerate AI-powered surveillance cameras and drones that track us more effectively than they protect us? Will we censor ourselves, fearing that any expression of dissent will mark us as anti-government?

Will we abandon the constitutional principles our founders fought for? This is the bargain the police state demands of us.

Take immigration, for example.

President Trump wants us to believe that the nation’s security is so threatened by illegal immigrants that we should tolerate roving bands of ICE and border patrol agents disregarding the Constitution at every turn.

But these government agents aren’t just disregarding it—they’re trampling it with the blessing of the man who swore to “preserve, protect and defend” that very same Constitution.

First Amendment rights to free speech, assembly, and protest. Fourth Amendment protections against unreasonable searches and seizures. Fifth Amendment guarantees of due process. Sixth Amendment protections ensuring a right to legal counsel. Eighth Amendment protections against cruel and unusual punishments. Fourteenth Amendment rights to equal protection under the law.

All of these and more are being imperiously swept aside in the Trump Administration’s pursuit of an America “for Americans and Americans only.”

Trump has invoked wartime powers under the Alien Enemies Act to justify the expulsion of illegal immigrants, whom Trump has likened to terrorists, killers, criminals, and enemies of the state.

However, with national security being used as a pretext to strip away rights on a larger scale than just criminals, the individuals targeted by the Trump Administration’s overreach represent a broader cross-section of American society: immigrants, both documented and undocumented, who live and work in the mainland of the United States. (It is estimated that undocumented immigrants paid nearly $97 billion in federal, state and local taxes in 2022, contributing $59.4 billion to the federal government, including payments for federal income tax and federal social insurance such as Social Security, Medicare and Unemployment Insurance. In other words, they are paying for entitlement programs for which they do not receive benefits.)

Individuals whose visas allow them to legally reside in the U.S. are also being rounded up and made to disappear without due process.

The reports of how these round-ups are being carried out—with ambushes on city streets, in broad daylight, at the hands of masked, plainclothes officers, and without any charges being levied, court hearings or defense attorneys notified—are beyond chilling.

Some are being targeted based on their nationality. Some are being racially profiled. Some are being classified as criminal based solely on the fact that they have tattoos. Some, like Abrego Garcia, are being mistakenly snatched up and deported to private prisons in foreign countries, beyond the physical reach of U.S. courts.

As Garcia’s attorney warned, the Trump Administration seems to have adopted the mindset that “the government can deport whoever they want, wherever they want, whenever they want, and no court can do anything about it once it’s done.”

And then there are the scientists, doctors, academics and students who are being rounded up because at some point they voiced their concerns about the mounting death toll in Palestine.

With the Trump Administration now equating even the perception of antisemitism as terrorism, that puts anyone in the government crosshairs who even dares to suggest that the killing of civilian women and children in Palestine is wrong.

For example, Tufts University PhD student Rumeysa Ozturk wrote an op-ed calling for the university to divest from companies with ties to Israel. That’s all it took for her to be placed on the government’s enemies list, stripped of her visa without warning or notice, surrounded on the street by a small army of masked agents, and whisked out of state to a detention center 1500 miles away without any family or friend knowing her whereabouts.

These arbitrary roundups and deportations are not just violations of the Fifth Amendment’s due process protections. They also trample the First Amendment’s right to free speech and assembly, particularly for those who speak out against government policies.

These actions are not limited to just immigrants or perceived enemies—they extend to anyone daring to challenge the status quo. Whether it’s activists, academics, or everyday citizens, being targeted for political expression is an assault on the very essence of free speech.

In this way, these round-ups represent the beginning of the slippery slope, leading not just to arbitrary detentions and the expansion of private prisons as an extension of the police state but to an eventual authoritarian regime where dissent is suppressed and constitutional rights are discarded.

This is not just happening at the southern border.

These round-ups are increasingly occurring in cities like New York, Boston, and northern Virginia, with many U.S. citizens also being swept up in warrantless searches, surveillance, and overreach from federal and local law enforcement.

Where once the nation’s border constituted a thin line, it is becoming an ever-thickening zone dominated by authoritarianism and an utter disregard for the rule of law.

This zone impacts millions of Americans who have never been near a border—citizens who live in everyday places, like urban and suburban areas, yet are subject to government overreach.

As journalist Todd Miller explains, that expanding border region now extends “100 miles inland around the United States—along the 2,000-mile southern border, the 4,000-mile northern border and both coasts… This ‘border’ region now covers places where two-thirds of the US population (197.4 million people) live… The ‘border’ has by now devoured the full states of Maine and Florida and much of Michigan.”

Nearly 66% of Americans (2/3 of the U.S. population, or 197.4 million people) now live within that 100-mile-deep, Constitution-free zone.

In this authoritarian reshaping of America, no one is safe, not even in their own homes.

The government’s ever-expanding, Constitution-free zone translates to greater numbers of Americans being subject to warrantless searches, ID checkpoints, transportation checks, and even surveillance on private property far beyond the boundaries of the borderlands.

From facial recognition software to mass data collection, surveillance technology is being used to monitor immigrants and ordinary citizens alike who are not suspected of any crime.

With Trump considering plans to turn a portion of the southern border into an expansive military installation policed by active-duty troops, we’re going to see even more of these assaults on our freedoms. As Trump promised after Columbia University graduate Mahmoud Khalil was arrested because of his anti-war activism, “This is the first arrest of many to come.”

Miller explains:

“In these vast domains, Homeland Security authorities can institute roving patrols with broad, extra-constitutional powers backed by national security, immigration enforcement and drug interdiction mandates. There, the Border Patrol can set up traffic checkpoints and fly surveillance drones overhead with high-powered cameras and radar that can track your movements. Within twenty-five miles of the international boundary, CBP [Customs and Border Protection] agents can enter a person’s private property without a warrant.”

Across the nation, local police forces are becoming militarized extensions of federal agencies like CBP and DHS, routinely receiving federal funds and training to act as armed enforcers of national security policies. By the time you add the military into that equation, you’ve got all the necessary ingredients for martial law.

The CBP, with its more than 60,000 Customs and Border Protection employees, supplemented by the National Guard and the U.S. military, is an arm of the Department of Homeland Security (DHS), a national police force imbued with all the brutality, ineptitude and corruption such a role implies.

Just about every nefarious deed, tactic or thuggish policy advanced by the government today can be traced back to the DHS, its police state mindset, and the billions of dollars it distributes to local police agencies in the form of grants to transform them into extensions of the military.

As Miller points out, the government has turned the nation’s expanding border regions into “a ripe place to experiment with tearing apart the Constitution, a place where not just undocumented border-crossers, but millions of borderland residents have become the targets of continual surveillance.”

In much the same way that police across the country have been schooled in the art of sidestepping the Constitution, border agents have nearly unlimited discretion to stop, search, interrogate and arrest anyone they “suspect,” based on arbitrary factors such as:

• Driving an unusual vehicle.
• Passengers appearing “suspicious.”
• Having a dusty or modified car.
• Avoiding eye contact or looking too long at an officer.

These arbitrary and broad criteria make it easy for any citizen to be targeted without just cause, turning everyday travel into a potential confrontation with law enforcement. In other words, anything goes when it comes to the police state’s justifications for undermining our rights.

These troubling developments at the borders are just one part of a broader erosion of constitutional rights that has been underway for decades in the name of national security.

When we look back at history, we see a consistent pattern of political power grabbing in the name of national security. From the Alien and Sedition Acts to the War on Terror, the price of security is always paid by our freedoms—and each step we take brings us closer to a system where those in power determine the limits of our liberty by using national security as an excuse to curtail fundamental freedoms.

Fast-forward to the present, and Donald Trump capitalized on this historical pattern by claiming that the only way to keep America safe from dangerous immigrants was to build an expensive border wall, expand the reach of border patrol, and enlist the military to “assist” with border control.

Continuing this trend, Joe Biden sent thousands of active-duty troops to the southern border, in anticipation of more than 10,000 illegal crossings per day—reinforcing the military presence and fortifying the unchecked power at the border.

And now Trump is doubling down on everything he and his predecessors have done to fortify this unchecked power.

This pattern of exploiting national security fears for authoritarian control has continued into the present day with Trump’s immigration crisis becoming a pretext for greater control, a strategy to stoke fear and justify authoritarianism.

Yet, despite the propaganda coming from the White House, the looming problem is not so much that the U.S. is being invaded by hostile forces at the border, but rather that the U.S. Constitution is under assault from within by a power-hungry cabal at the highest levels of power.

Before long, the only Americans qualified to live freely in Trump’s America will be those who march in lockstep with the Deep State’s dictates, and even absolute compliance is no guarantee of safety.

It used to be that the Constitution was our only reliable safety net, but that is being systematically dismantled.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the government is now the greatest threat to our safety, and there’s no border wall big enough to protect us from these ruffians in our midst.

The answer to this growing tyranny begins with us—“We the people.”

The Constitution should not be negotiable. Freedom is not negotiable.

You want to make America great again? Start by making America free again.