US President Donald Trump's administration is preparing for the possibility of Democrats taking control of Congress after Tuesday's midterm elections, drawing up plans to continue advancing his agenda through executive powers while bracing for investigations into his government.

Senior aides, including deputy chief of staff Stephen Miller and budget director Russell Vought, have been working with the White House Counsel's Office since April to identify measures Trump could pursue without congressional approval, reported news agency Reuters.

These include policies on immigration, tariffs, housing costs and federal spending, according to a White House official and two people familiar with the plans.

White House lawyers are also examining what Trump can legally do independently, how far he can push his authority and how to defend those decisions in court.

White House plans for a Democratic Congress

Democrats need to gain four seats in both the House of Representatives and the Senate to take control. Polls favour them in the House, while the Senate contest remains too close to call.

A Democratic majority would allow the party to block legislation, scrutinise government spending and investigate the administration.

However, Trump would retain considerable executive authority over trade, foreign policy and federal agencies.

Trump has spent the past month campaigning to help Republicans retain control of Congress, even as his aides prepare for a possible shift in power in 2027.

The White House dismissed suggestions of Republican losses, accusing the media of promoting a false narrative.

"This administration and commonsense Republicans will continue to secure our borders, restore law and order, putting more money back into the pockets of hard-working Americans, and deliver wins for the American people," spokeswoman Lauren Bis said.

Measures under consideration include fresh tariffs on critical minerals and wind turbines, tighter visa rules for international students and temporary foreign workers, and steps to reduce housing and construction costs.

Vought is examining how the administration could use funds already approved by Congress to pursue Trump's priorities. He is also considering changes to federal grant rules that would give political appointees greater influence over how government funds are allocated.

Trump has been briefed on the plans and taken part in discussions. Asked how comfortable Trump would be governing through executive powers under a Democratic Congress, one person familiar with the preparations said, "very comfortable."

Executive powers have limits

Since returning to office in January 2025, Trump has used executive authority to impose tariffs, intensify immigration enforcement, reduce the federal workforce and pursue foreign policy objectives, including the war against Iran, without fresh congressional approval.

"President Trump in the last two years has basically ignored Congress and tried to do as much as possible through executive orders and executive power," said Nathan Gonzales, editor at Inside Elections. "I think he will only continue if there are Democratic majorities."

A Democratic-controlled Senate could block Trump's judicial and senior administration nominees, while both chambers could refuse to pass legislation he supports. Courts could also strike down executive actions that exceed his legal authority.

Trump braces for congressional probe

One challenge the US president cannot avoid through executive action is congressional scrutiny. House Democrats and committee staff have discussed using hearings, subpoenas and document requests to investigate whether Trump has used his office to benefit himself, allies or donors, Reuters previously reported.

White House lawyers have been briefing political appointees and agency heads on how to respond to congressional inquiries and have advised officials to be careful about what they put in writing.

The administration has also sought a Justice Department opinion that could allow Trump to invoke executive privilege to shield communications with private advisers from congressional scrutiny, one person familiar with the matter said.