ABC News Daily
Trump’s showdown with the courts over migrants
Mar 20, 2025
Ilya Somin, a law professor at George Mason University and expert in constitutional studies, discusses Donald Trump’s recent defiance of a court order regarding the deportation of Venezuelan migrants. He explores the implications of invoking the Alien Enemies Act and the potential constitutional crisis this creates. Somin highlights the troubling rhetoric surrounding migrant treatment and the swift legal challenges to Trump’s actions. The conversation raises serious questions about judicial authority and the future of the rule of law in America.
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Quick takeaways
- Trump's invocation of the Alien Enemies Act raises serious concerns regarding the erosion of due process and civil liberties for migrants.
- The ongoing defiance of judicial authority by the Trump administration poses significant risks for the constitutional balance between the executive and judicial branches.
Deep dives
Trump's Use of the Alien Enemies Act
Donald Trump invoked the Alien Enemies Act of 1798 to issue a controversial order targeting Venezuelan migrants, arguing that the situation qualifies as a war due to an influx of criminals crossing the border. Critics note that this act has traditionally only been used in declared wars, and its application now serves to detain and deport migrants with minimal due process. Trump’s administration deported a number of migrants to El Salvador, claiming they were gang members, but provided no evidence or legal hearings to support this assertion. The situation raises significant concerns about proper legal process and the misuse of presidential power against non-combatants.
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