99% Invisible

The Return of Con Law

60 snips
Jun 10, 2025
Elizabeth Joh, a constitutional law professor, dives deep into the controversial use of the Alien Enemies Act during the Trump administration. She discusses the implications of mass deportations and the right to due process, weaving in personal stories that bring the legal complexities to life. The conversation also highlights ongoing legal battles and ethical dilemmas faced by affected individuals. Plus, Joh introduces an exciting new initiative to engage listeners with the Constitution, emphasizing its relevance in today’s political landscape.
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INSIGHT

Alien Enemies Act Powers

  • The Alien Enemies Act authorizes the President to detain or deport non-citizens during wartime without due process.
  • It was never intended for mass deportations or to bypass existing immigration laws and protections.
INSIGHT

Due Process for Non-Citizens

  • The Supreme Court ruled that even non-citizens detained under the Alien Enemies Act have constitutional due process rights.
  • They cannot be deported without notice or a reasonable chance to challenge their detention in court.
INSIGHT

Judge Supports Broad Alien Enemies Use

  • One Trump-appointed judge accepted the administration's broad use of the Act to target a gang linked to Venezuela's government.
  • This deference to presidential authority risks unchecked executive power over deportations.
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