Amicus With Dahlia Lithwick | Law, justice, and the courts Trump’s Unconstitutional Rampage Against Immigration
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Jan 25, 2025 Dahlia Lithwick is joined by Aaron Reichlin-Melnick, a Senior Fellow and immigration policy expert at the American Immigration Council. They dive into the whirlwind of executive orders from Trump that aim to reshape immigration law. Aaron highlights how these policies threaten vulnerable groups, particularly immigrants and asylum seekers, and discusses the constitutional implications at play. They also explore the tensions between humanitarian values and harsh rhetoric, emphasizing the critical role of advocacy in these tumultuous times.
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Presidential Power vs. Congress
- Immigration authority rests with Congress, not solely the President.
- Trump asserts he can supersede Congress's immigration laws, a stance likely to face legal challenges.
Basis of Emergency Claim
- Trump claims a national emergency at the border justifies overriding laws.
- This includes invoking a constitutional provision about invasions meant for military incursions, not migrant crossings.
Current Border Situation
- Border crossings are currently lower than their peak in December 2023 but higher than 2017 levels.
- Mexico's increased enforcement and Biden's policy changes contributed to the decrease in crossings.