Bloomberg Law
Trump Sued on Day 1 & TikTok Reprieve
Jan 21, 2025
Leon Fresco, an immigration law expert at Holland & Knight, provides insights into President Trump's controversial immigration executive orders and the immediate lawsuits they triggered. Kirk McGill, a First Amendment specialist at Hall Estill, discusses the legal nuances surrounding Trump's temporary reprieve for TikTok, highlighting its implications for national security and U.S.-China relations. The conversation navigates the complexities of immigration policies and the intersection of law and technology in a rapidly changing political landscape.
41:16
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Quick takeaways
- The discussion highlights the legal complexities surrounding the deployment of military troops for immigration enforcement under the Posse Comitatus Act.
- Trump's executive order attempting to end birthright citizenship is likely to face significant legal challenges based on historical precedents.
Deep dives
Legal Debates Surrounding Military Deployment at the Border
The deployment of military troops to the southern border for immigration enforcement has sparked significant legal debate. While troops can be used in an observational capacity, the extent of their authority to apprehend individuals crossing the border is contested under the Posse Comitatus Act. The administration claims its intention is to prevent an invasion rather than enforce domestic law, which raises complex legal issues about the military's role in border security. The courts may eventually need to determine the legality of military involvement in such contexts, especially concerning the potential use of force against individuals attempting to cross.
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