Trump has a plan if Democrats win Congress. What can he do without lawmakers?

With the US midterm elections scheduled for November 3, President Donald Trump's White House has spent months preparing to pursue his agenda without new congressional approval if Democrats gain control of Congress, Reuters reported, citing a White House official and two people familiar with the plans. The preparations, underway since April, involve deputy chief of staff Stephen Miller, budget director Russell Vought and White House counsel Will Scharf. Their work covers immigration, tariffs, housing and federal spending, along with legal strategies to defend executive decisions in court. Trump has been briefed on the discussions and participated in them, according to Reuters.

What is the White House planning? Officials are examining new tariffs on critical minerals and wind turbines, tighter visa rules for international students and temporary foreign workers, and measures addressing housing and construction costs. Federal agencies have submitted proposals and legal assessments identifying actions the administration could take without fresh legislation. Vought, who heads the Office of Management and Budget, is reviewing which priorities can be pursued using funds already authorised by Congress. He is also considering changes to federal grant rules that would give political appointees greater influence over funding decisions, Reuters reported.

The measures remain proposals, and the administration has not announced their implementation. Can Trump govern without Congress? The US president can issue executive orders, direct federal agencies and exercise powers granted under existing laws. However, executive action cannot replace Congress's authority to pass legislation or approve federal spending. Trump has already used executive powers extensively since returning to office in January 2025, including to impose tariffs, tighten immigration enforcement and reduce the federal workforce. His major tax and spending package, however, required congressional approval before he signed it into law in July 2025.

Courts can also review executive actions and block those that exceed presidential authority. What changes if Democrats win? Republicans currently hold narrow majorities of 218-214 in the House of Representatives and 53-47 in the Senate. Democrats need a net gain of four seats in each chamber to secure both majorities. Control of the House would allow Democrats to lead congressional investigations, issue subpoenas and demand documents from the administration. A Democratic-controlled Senate could also block presidential appointments, including nominations to federal courts and the Supreme Court.

Trump would retain his veto power. Overriding a presidential veto requires two-thirds support in both congressional chambers. "I guess I'll become Mr. Veto," Trump told the New York Post's Pod Force One podcast in an excerpt released Sunday, adding that he could eventually negotiate agreements with Democrats. How is the administration preparing for investigations? White House lawyers have begun advising political appointees and agency officials on responding to congressional inquiries, subpoenas and document requests, Reuters reported. They have also sought a Justice Department opinion on whether executive privilege could protect communications between Trump and private advisers from congressional scrutiny.

White House spokeswoman Lauren Bis rejected suggestions that Republican electoral losses were inevitable and said the administration would continue pursuing its policy priorities.