Last updated: July 16, 2026. This page lists additional violations beyond the most egregious cases.
| Date | Administration Action | Why does this violate the Constitution? | Notes |
|---|---|---|---|
| January 2025 | Eliminated “X” markers and self-selected sex designations on passports, requiring all passports to show sex assigned at birth. | A federal court found the policy likely unconstitutional under the Fifth Amendment’s equal protection guarantee — discriminating based on sex and reflecting animus toward transgender Americans — and blocked it class-wide in June 2025. | In November 2025, the Supreme Court stayed the injunction 6–3, letting the policy take effect while the merits litigation continues. |
| March 2025 | Repeatedly asserted he is “not joking” about seeking a third term, floated suspending or canceling elections, and allowed allies to promote mechanisms for staying in power, continuing through 2026. | The 22nd Amendment states that “No person shall be elected to the office of the President more than twice.” Constitutional scholars say there is “no wiggle room” — nonconsecutive terms provide no exception. | As of July 2026, this remains signaling and preparation rather than a consummated legal act (no ballot filing), which is why it appears on this page rather than the main list. |
| May 2025 | Seriously debated unilaterally suspending the writ of habeas corpus to speed mass deportations; a senior adviser publicly said the administration was “actively looking at” suspension. | The Suspension Clause (Article I, Section 9) makes suspension a congressional power, available only in “Cases of Rebellion or Invasion.” Constitutional scholars uniformly describe unilateral executive suspension as unconstitutional. | Reporting in June 2026 revealed the plan died only after an internal memo concluded courts “almost uniformly” hold suspension requires congressional action. Included as documented intent; never executed. |
| August 2025 | Directed the Commerce Department to “immediately begin work” on a new census excluding people in the country illegally, using “results and information gained from the Presidential Election of 2024,” amid a push for mid-decade redistricting. | The Fourteenth Amendment requires apportionment based on “the whole number of persons in each State,” and Article I requires an “actual Enumeration” every ten years. Constitutional scholars called the exclusion plan flatly unconstitutional and beyond unilateral presidential power. | A materially identical 2020 memo was ruled unlawful by a three-judge panel before becoming moot. The census has counted all residents regardless of status for 235 years. |
| November 2025 | During a Border Patrol surge in Charlotte, North Carolina (~1,300 arrests), agents detained people indiscriminately — smashing the car window of a naturalized U.S. citizen and detaining him even after agents confirmed his citizenship, and arresting two other citizens for warning neighbors. | A federal class action by four U.S. citizens and a visa holder alleges warrantless arrests without probable cause (Fourth Amendment) and denial of due process (Fifth Amendment). | DHS has disclosed almost nothing about the operation’s legal basis; the case is pending. |
| 2025–2026 | Made routine masking of ICE and Border Patrol agents standard practice during civil immigration arrests nationwide, with agents refusing to identify themselves. | A federal judge held in February 2026 that, absent “genuine, particularized necessity,” executing civil arrests while “systematically concealing” agents’ identities is unconstitutional under the Fourth Amendment because it “eliminates contemporaneous and subsequent accountability.” | The administration is litigating to preserve the practice, including suing Philadelphia to block its ordinance requiring federal officers to show faces and badges. |