Trump's "border czar" could potentially possess greater authority and face fewer obstacles in implementing deportation policies.

• Trump appointed Tom Homan as his "Border Czar."
• The former acting director of U.S. Immigration and Customs Enforcement, Homan, has supported the idea of mass deportations for undocumented immigrants.
• Trump may appoint Homan without requiring congressional approval, and he may be shielded from legislative oversight, according to experts.

Trump's choice for implementing his ambitious deportation policies may have greater authority and less congressional supervision compared to some of his other cabinet appointees.

Tom Homan, the former acting director of U.S. Immigration and Customs Enforcement, will not be appointed as the head of the Department of Homeland Security or a sub-agency responsible for immigration issues.

The Trump administration has appointed Homan as their "Border Czar," a position that gives him considerable sway over immigration and border policy without the formal authority or constraints of being a Cabinet secretary.

Trump announced Homan's appointment as head of immigration enforcement on his platform, positioning him as the country's border guard.

Trump wrote in a post that Homan would oversee the deportation of illegal aliens to their home countries.

Unlike other federal roles that require Senate confirmation, Homan will not need congressional approval to serve under Trump. He may also be immune to other forms of Legislative Branch scrutiny, according to experts.

According to Katherine Hawkins, senior legal analyst for the Project on Government Oversight, White House appointees face less scrutiny than Cabinet and sub-Cabinet officials.

According to Hawkins, enforcing subpoenas against White House officials is much more difficult for Congress, and they are more likely to invoke executive privilege and refuse to testify, with their refusal being upheld by courts.

Although those staffers may not have the official authorization of Congress, they are not necessarily inferior to their Senate-confirmed colleagues.

According to Hawkins, the actual power in practice is determined by factors such as access to the president and the willingness of Cabinet and other agency officials to reject White House demands.

A spokesperson for the Trump transition declined CNBC's request for comment.

An attorney with the American Civil Liberties Union, Lee Gelernt, agreed to challenge immigration policies during the Trump and Biden administrations.

Homan's lack of an agency position may increase the difficulty of having meaningful checks on his actions, but it will not decrease his influence.

RAICES' chief external affairs officer, Faisal Al-Juburi, stated that czars have the power to significantly influence policy but can also hinder congressional oversight, which is crucial for maintaining government accountability.

Al-Juburi stated that the posts create opaque circumstances that make it difficult to determine who maintains authority over policies that will have a wide-ranging impact on the American people.

Leading the charge

Trump's post effectively grants Homan significant authority.

On Jan. 20, 2025, Homan will be responsible for fulfilling a key promise of Trump's campaign: removing millions of undocumented immigrants from the country.

Trump wrote that Homan's purview encompasses the Southern Border, the Northern Border, all Maritime, and Aviation Security, among other things.

The deportation of a large number of people, including families with children, would present unprecedented logistical challenges and require extensive cooperation among various government agencies, law enforcement sources, host nations, and other entities. This process would be complex and expensive, as reported by NBC News.

Homan, 62, has been a vocal supporter of the policy and has appeared on Fox News and spoken at the 2024 Republican National Convention. He reportedly pledged earlier this year to create the largest deportation force in the country's history.

Trump's "zero tolerance" border policy, which resulted in the separation of thousands of immigrant families, was championed by Homan and was ultimately reversed by Trump in 2018.

In a recent interview with CBS News' "60 Minutes," Homan stated that mass deportations could occur without family separation, as families can be deported together.

According to Gelernt, Homan's actions during Trump's first administration and his subsequent statements suggest that the appointment will have significant anti-asylum and anti-immigrant consequences.

It is uncertain whether anyone on the White House staff, often referred to as a czar, can legally wield power. Professor John Harrison of the University of Virginia School of Law stated this to Congress in 2009.

Those staffers can still wield significant influence over policy decisions, as a practical matter, Harrison said in an interview Monday.

Stephen Miller, a senior policy aide to Trump, was the most influential voice on immigration and border issues during the first term of the Republican president.

"She stated that DHS officials resisted to some extent, but Miller remained the longest and was closest to Trump, ultimately prevailing in most cases."

According to NBC's report on Monday, it is predicted that Miller will be appointed as Trump's deputy chief of staff for policy.