Amicus With Dahlia Lithwick | Law, justice, and the courts The Un-American Project
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May 3, 2025 Amanda Frost, a law professor at the University of Virginia and author of 'You Are Not American,' dives into the implications of current immigration policies. She discusses the alarming trend of redefining birthright citizenship and its potential impact on millions of American children. The conversation also explores a landmark ruling from a Trump-appointed judge that challenges the Alien Enemies Act, showcasing judicial pushback against unconstitutional immigration actions. Frost emphasizes the historical significance of citizenship rights and the ongoing battle against disenfranchisement.
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Alien Enemies Act Defeated
- Judge Fernando Rodriguez Jr., a Trump appointee, ruled that the Alien Enemies Act cannot be used to deport Venezuelan migrants.
- He permanently enjoined its use, emphasizing originalism and historical context to refute the administration's claims.
Textualism Shapes Opinion
- Judge Rodriguez's opinion is a careful, textualist dissection using historical texts including founding fathers' writings.
- He avoids passion to craft an opinion likely appealable and acceptable to the Supreme Court.
Loophole in Alien Enemies Ruling
- Judge Rodriguez ruled he cannot second guess factual premises of presidential proclamations invoking the Alien Enemies Act.
- This leaves a loophole for future, possibly fabricated, proclamations to justify deportations.
