Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal
The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.
Invasion
Trump's Alien Enemies Act Deportees Sent Back to Venezuela in Shameful Hostage Deal [Updated]
After being ilegally deported and imprisoned in El Salvador, they will now be sent back to the oppressive regime they fled in the first place, in exchange for ten Americans detained by the Venezuelan government.
Life as an Academic Defender of the Intuitively Obvious
Academics are supposed to discover nonobvious, counterintituitive truths. But, especially in recent years, much of my work involves defending positions that seem obvious to most laypeople, even though many experts deny them.
Courts Can Check, and Have Checked, Executives' Military Judgment
Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.
Federal Court Rules Against Trump's "Invasion" Executive Order
But, notably, the court chose not to rule on the issue of what qualifies as an "invasion."
The Ninth Circuit's Flawed Decision Upholding Trump's Federalization of the California National Guard
The ruling gets several important issues right - and one big one wrong.
Federal Court Rightly Invalidates Trump's Illegal Federalization of California National Guard Troops
Trump's policy here is yet another example of abusive invocation of emergency powers.
Our Fifth Circuit Alien Enemies Act Amicus Brief
The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.
The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases
Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.
Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally
A new Cato Institute study by David Bier presents the most extensive available evidence on these points.
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
White House May Try to Suspend the Writ of Habeas Corpus in Order to Facilitate Deportation of Migrants
I have long warned of this dangerous implication of the argument that illegal migration qualifies as "invasion."
Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
Trump Administration Makes Damaging Admissions on Alien Enemies Act and Deportations
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
Yet Another Federal Court Rules Against Trump in an Alien Enemies Act Case
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Free Press Symposium on "Is Donald Trump Breaking the Law?"
The degree of agreement among participants with major ideological diferences is striking.
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated]
The participants were Adam Cox (NYU) and myself.
My US News and World Report Article on Trump's Dictatorial Immigration Power Grabs
The article is coauthored with Cato Institute scholar David Bier.
Trump May Soon Try to Use the Alien Enemies Act as a Tool for Deportation
His apparent plan to do so is illegal and would set a dangerous precedent if allowed to stand.
My New Just Security Article On Trump's "Invasion" Executive Order and its Dangerous Implications
The article explains why the order is unconstitutional and why letting it stand would be very dangerous, including for the civil liberties of US citizens.
Trump's Illegal First-Day Executive Actions
Several of his announced actions are likely to be illegal, especially some related to immigration.
More on "Invasion," the Alien Enemies Act, and the Political Question Doctrine
Legal scholar Michael Ramsey points out another way courts could reject Trump's plan to use the act as a tool for peacetime mass deportation.
Trump's Plan to Use the Alien Enemies Act of 1798 as a Tool for Mass Deportation
The plan is illegal. But courts might refuse to strike it down based on the "political questions" doctrine.
Video of Federalist Society Daniel Webster Series Debate on Border Issues
I debated former Arizona Attorney General Mark Brnovich over various issues related to the southern border, particularly whether illegal migration and cross-border drug smuggling qualify as an "invasion" under the Constitution.
En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"
The invasion argument is still being litigated in another case.
Constitutional Theory and the Meaning of "Invasion"
Leading constitutional law scholars Larry Solum and Mark Tushnet opine on how we might answer this question.
Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion"
The ruling builds on the same court's two prior decisions to the same effect.
My New Lawfare Article on Why "Immigration is Not Invasion"
Texas is wrong to equate illegal migration and drug smuggling with invasion. If accepted by courts, the argument would set a dangerous precedent.
Amicus Brief in United States v. Abbott Explains Why Texas is Wrong to Equate Illegal Migration and Drug Smuggling With "Invasion"
The state's position is at odds with the text and original meaning of the Constitution and would set a dangerous precedent if accepted by federal courts.
Federal Court Rejects Texas's Argument that Illegal Migration Qualifies as "Invasion" [Updated to include link to the decision]
The ruling has the most extensive discussion of the meaning of "invasion" in the Constitution ever included in a court decision.
More on Why Immigration is not "Invasion"
Legal scholars Frank Bowman and Steve Vladeck weigh in on Texas's dangerous argument.
Texas Gov. Greg Abbott Doubles Down On Dangerous Claim that Immigration is "Invasion"
The argument is badly wrong, and would set a dangerous precedent if ever accepted by courts.
Fifth Circuit Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"
The ruling is mostly based on statutory issues, but also covers the "invasion" question.
Federal Court Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"
The court ruled that the definition of "invasion" is a political question, and that Texas therefore could not rely on the Invasion Clause to justify placing buoys in the Rio Grande River in defiance of federal law.
Immigration, Invasion, and Habeas Corpus
If Texas is right to argue that illegal immigration and cross-border drug smuggling qualify as "invasion," then the writ of habeas corpus can be suspended at any time - thereby enabling executive detention without trial.
Texas is Wrong to Equate Immigration and Drug Smuggling with "Invasion"
The argument is contrary to the text and original meaning of the Constitution, goes aginst precedent, and would have absurd consequences if accepted by courts.
Andrew Hyman Responds on Migration and Invasion
I have posted his response to my previous post, along with a rejoinder.
Immigration Is Not "Invasion"
A critique of claims that the federal government and the states can use military force to prevent immigration, based on constitutional powers to prevent "invasion."
