The Trump administration has been actively preparing for the possibility of a Democratic takeover of Congress in the upcoming midterm elections by outlining strategies to advance key parts of the president’s agenda through executive actions. Senior officials, including Deputy Chief of Staff Stephen Miller and Office of Management and Budget Director Russell Vought, have been working with the White House Counsel’s Office since April to identify areas such as immigration, tariffs, housing costs, and federal spending where the president can act unilaterally.
According to multiple sources familiar with the preparations, White House counsel Will Scharf and his legal team have been assessing the scope of presidential authority, exploring where Trump might push legal boundaries and how to defend these moves in court if challenged. The planning highlights the complex dynamic that could emerge should Democrats gain control of the House and Senate: while a Democratic Congress would have the power to investigate the administration, block legislation, and influence spending, the president would maintain significant executive authority over trade, foreign policy, and federal agencies.
Democrats currently require a net gain of four seats in both chambers to assume control, with polls generally favoring their chances to win the House while the Senate remains highly competitive. Despite rallies and public efforts to maintain Republican control, the White House remains privately focused on navigating a potential shift in the political landscape. White House spokeswoman Lauren Bisaid dismissed predictions of Republican losses as misleading, emphasizing the administration’s commitment to border security, law enforcement, and economic initiatives.
Among the executive regulatory actions under consideration are new tariffs on imports of critical minerals and wind turbines, stricter visa rules for international students and temporary foreign workers, and initiatives aimed at reducing housing and construction costs. Federal agencies have reportedly submitted proposals and legal analyses on actions that can proceed without congressional approval. Vought has been examining how to leverage already appropriated funds and is seeking changes to federal grant procedures to grant political appointees expanded influence over the distribution of taxpayer money, potentially bypassing legislative oversight.
President Trump has been directly involved in these discussions and reportedly feels confident in governing through executive authority should Congress shift to Democratic control. Since returning to office in January 2025, Trump has exercised executive power aggressively—imposing tariffs, tightening immigration enforcement, downsizing federal agencies, and pursuing foreign policy actions, including measures related to the conflict with Iran—often without congressional input. The notable exception was the passage of a major tax and spending cuts package signed into law by Trump in July 2025 with Republican congressional support.
Observers note that Trump has increasingly relied on declarations of national emergencies to expand presidential powers, a tactic that Congress can attempt to counter but would require supermajorities to override presidential vetoes. However, a Democratic-controlled Senate would likely restrict the administration’s influence by blocking judicial and executive appointments, including any Supreme Court nominations. Experts project that Democrats would be reluctant to confirm the president’s nominees, potentially constraining his ability to staff the federal government.