As January comes to a close, it should not just become a harrowing memory. The past four weeks are a harbinger of what is to come under President Donald Trump, as the administration showed exactly the future it is building: One in which the laws are ignored, American life is cheap, and elections are hijacked by FBI raids. This month, Americans have witnessed a lurch toward authoritarianism that cannot be ignored. If January 2026 was any indication, the march toward dictatorship isn’t linear, it’s exponential.
President Trump’s second administration has inspired a resurgence of interest in the idea of the “dual state,” a framework for authoritarianism created by German Jewish lawyer Ernst Fraenkel to explain how life for many people in Nazi Germany appeared normal even as authoritarianism took hold. Fraenkel theorized that society had been bifurcated into a normative state, in which the rule of law appears intact, and a prerogative state, in which the state ignores the law to take on its enemies or further its aims. In the 1930s, most Germans could go about their lives assuming the general laws would apply, but the targets of the state, such as the Jews, saw their rights stripped away. At bottom, however, the dual state is only a useful mirage. It lulls people into complacency because their lives continue apace, but at any moment, they can be sucked into the prerogative state where they are at the mercy of the state.
University of Chicago law professor Aziz Huq, who is at work on a book about the dual state, has pointed out several examples from Fraenkel’s time as a lawyer in Nazi Germany that may seem eerily familiar to Americans in January 2026. In one, Fraenkel won a financial settlement for his client against the regime, only to discover that the money had been deposited in the government’s coffers. In another, a man was acquitted in court, only for a Gestapo officer to seize him anyway.
Over the last month, the contours of such a dual state have emerged again and again. When ICE detains people and then refuses to comply with judges’ orders—which happened at least 96 times this month, as Judge Schiltz documented—it is signaling that the targets of its raids have been taken not just into detention but into the prerogative state, where the rule of law cannot not reach them. When the government arrested Lemon and Fort even though multiple judges believed the charges were frivolous and refused to issue warrants, it refused to take no for an answer. Then there’s Juan Espinoza Martinez, who was acquitted by a federal jury of bogus charges that he ordered a hit on Bovino. Rather than let him go home, ICE picked up Espinoza Martinez, a Dreamer who has lived in the US since he was five years old. As of a few days ago, his family didn’t know where he was.