Trump administration prepares executive power strategy if Democrats capture Congress

The Trump administration has spent months strategizing how to pursue its domestic and economic goals unilaterally if Democrats capture majorities in the midterm elections, according to sources familiar with the matter.

Aides including deputy chief of staff Stephen Miller and budget director Russell Vought have been collaborating with White House counsel Will Scharf and his team since April. Their objective is to pinpoint executive steps President Donald Trump can take on immigration, import tariffs, housing, and federal spending without seeking congressional authorization. According to a White House official, legal advisers are analyzing what actions the president can legally take independently, where boundaries might be pushed, and how to defend those choices against inevitable court challenges.

The preparations highlight how a divided government would operate. While a Democratic-led Congress could conduct oversight hearings, issue subpoenas, and reject presidential nominees, the executive branch maintains wide discretion over international trade, foreign policy, and administrative regulations. Polling suggests Democrats could win the House of Representatives, where they need four seats to flip the current 218-214 balance, while the 53-47 Senate remains competitive.

Measures currently being examined include new tariffs on wind turbines and critical mineral imports, tighter visa restrictions for foreign students and guest workers, and initiatives to reduce housing and building costs. Government agencies have already submitted proposals and legal assessments regarding unilateral steps. At the Office of Management and Budget, Vought is assessing how to redirect already-appropriated funds toward administration priorities. He is also seeking modifications to grant rules so political appointees hold greater influence over the distribution of taxpayer money.

Sources indicated that Trump has participated in briefings on these plans and remains comfortable relying heavily on executive decrees rather than pursuing legislation. Since returning to the presidency in January 2025, Trump has frequently used executive authority and national emergency declarations to tighten border enforcement, levy tariffs, cut the federal workforce, and manage foreign policy.

A shift in legislative power would nonetheless create substantial hurdles for the administration. Flipping the Senate would enable Democrats to halt executive and judicial appointments, including any future Supreme Court vacancies. Democrats would also have the ability to deny funding requests and launch aggressive inquiries into whether official powers were used to aid the president's political allies or donors.

In response to the prospect of congressional inquiries, the White House has prepared its personnel for an onslaught of subpoenas and document demands. Administration lawyers have counseled political appointees on proper documentation practices and explored Justice Department opinions that could expand executive privilege protections over discussions with outside advisers. White House spokeswoman Lauren Bis rejected talk of midterm defeats, stating the administration will keep working with Republicans to secure borders and support the economy.