We the People Deportations and the Law
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Mar 21, 2025 Adam Cox, a law professor at NYU and expert in immigration law, teams up with Ilya Somin, a constitutional studies professor at George Mason University. They dive into the Trump administration's controversial use of the Alien Enemies Act for deportations, analyzing its historical context and legal implications. The discussion touches on due process, free speech rights, and the definition of 'invasion' within immigration law. They raise concerns over the intersection of political expression and deportation, questioning the administration's approach toward immigrant activists.
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Alien Enemies Act Invocations
- The Alien Enemies Act of 1798 grants the president wartime authority to deport enemy aliens.
- It has historically been invoked only during declared wars, not for ordinary crimes.
Tren de Aragua and the Alien Enemies Act
- President Trump invoked the Alien Enemies Act against suspected members of the Venezuelan gang Tren de Aragua.
- This raises questions about whether the gang qualifies as a "foreign nation or government" and their actions as an "invasion."
Presidential Power Expansion
- Trump's interpretation of "invasion" in the Alien Enemies Act expands presidential power significantly.
- It could allow for suspending habeas corpus and waging war in response to illegal immigration.
