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Not only the trail rhetoric in the campaign, but also President Donald Trump claims that immigrants to the United States can be equivalent to “invasion”, the administration releases extraordinary power to execute his overseas deportation agenda. It may be important.
Multiple administrative orders and institutional notes use the word “invasion” to ensure that Trump tightens the US border, the state and local officials execute immigrants, and detain and force immigrants. Explains why you take an aggressive approach to repatriation.
Some orders signed by Trump last week use the “invasion” last week, focusing on constitutional provisions that the federal government is obliged to protect the “from invasion”. It is specially built. In another early lawsuit, Trump issued a state emergency declaration that “invading” at the border “has caused a wide range of chaos and suffering in our countries over the past four years.”
The choice of words is intentional.
Law experts believe that administration will be able to rely beyond the limits of the immigration law and to rely on the basis of invasion to justify future actions that may ignore border transportation procedures. 。
“The most basic and long -standing purpose to have an army is to stop people from entering your country, and that’s happening on the southern border,” the first Trump administration. Ken Kucci Nelli, who served as Deputy Secretary of the National Land Security. “The president needs anything other than the highest authority commander to prevent people from crossing borders illegally.”
We also want to preview how the Judician defends the agenda of immigrants in court, and use the method that the court has historically postponed the president’s actions in the case of a state emergency.
“He is trying to call fiction to enhance the power of the president in a way that cannot be completely applied to this situation,” he said, Stanford’s law professor who established the Immigration Project for the Freedom Union in the United States and served. Lucas Gutentag said. The top role in the democratic administration.
This language is given to the federal government and surprises the constitutional provisions that give special authority at the time of invasion. The possibility of calling the 1798 alien enemy method has been hanging on how Trump’s anti -immigration agenda has been framed so far. Trump’s advertising in the trajectory of the campaign enables the federal government to remain in the “invasion or looting invasion” to detain and deport the country.
“We are not there yet,” said Steve Vladec, an analyst of CNN’s Supreme Court and Professor of Georger Town University Law Center, said, “We are really very large, pitchable. What are the south borders and legal results?
In a statement, Kush Dessai, a spokesman of the White House, said, “Over the past four years, tens of millions of illegal immigrants and illegal drugs like Fentanyl and Methane Fetamine in the southern national border. I got off. ”
“It’s an invasion, and the Americans know that this is reality, so they have brought the overwhelming mission to President Trump to secure our borders and communities,” says Dessai. I said.
The invasion of the invasion has claimed that Texas -like states could play the role of border police in a legal conflict with the Biden administration.
In addition to the constitution guarantee that federal governments will protect the nation from invasion, the nation will allow the nation to engage in war when they are “actually invaded”.
“What can I get with these two things?” Joshu Blackman, a professor at South Stexus University Low College, said. “If the president declares an invasion, the nation can engage in war.”
The debate said that the state could allow the federal law to take seizure actions, but the proposition would need to be tested in court.
“It’s an important constitutional power that has not been discussed at all,” Blackman said.
CNN’s PATRICK OPPMAN will participate in the lead
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Trump to prepare Guantanamo Bay to accommodate 30,000 immigrants
The administration emphasizes that it is seeking state help in arresting and detention of unwritten immigrants. Last week, the Secretary of the Land Security at the time released a memo to compete for Trump’s invasion -oriented administrative orders, which have certified immigrants to the immigration of immigrants to enforce new state authorities.
According to VLADECK, the use of such languages in the administration “covers” a state official, such as Greg Abbott, Governor of Texas, who has sought a state to play a more direct role in immigration execution. Give it.
For example, Texas uses a “invasion” basis in court to defend the state law challenged by the Biden administration, which enables state officials who are illegally arrested and detention. I am doing it.
Law experts are regarded as the invasion motif as the signal of the authority that the Trump administration is trying to further promote his anti -immigrant agenda and exercise, and to overcome the laws imposed by Congress that traditionally determine the border policy. There is a possibility.
Ilya Somin, a law professor at George Mason University, pointed out a past case that the court abolished attempts to end all asylum procedures at the border, concluding a movement such as violations of refugee law. I did it.
“Some of the purposes of the invasion discussion are to say,” Well, to disable legal constraints that would be introduced if the parliament was not, “Somin said.
The invasion language can also “set the stage” for the call of alien enemy methods, and Vradeck mentions the 1798 law, which was last used during World War II. Can be able to protect the deud process given to immigrants. Extracted abroad.
Last week, the law was referred to Trump’s presidential order, which designated the cartel as a foreign terrorist organization.
Already, Trump has repeatedly played a playbook used by his first administration to avoid the parliamentary expenditure process. Last week, Trump declared a state emergency at the border to turn military resources for the safety of the border. Trump faced a lawsuit when using the same operation during the first term to focus on the government’s funding to the construction of a border wall.
Matthew Lindsay, a professor of the Faculty of Law of Baltimore, said that the court might be more postponed to this kind of Gambit than other Trump Lindsay. But he noted that the immigration crisis was not in 2023. This is because the number of border crossing has decreased considerably since its high point.
“There is a true separation of power about how much the court is involved in the type of budgetary measure passed by the parliament because he is lurking behind this.”
The important question under Trump’s strategy is whether the court believes that the inflow of immigrants can be considered “invasion”, or the type of “political question” is the type of “political question”. If they are considered, they have no power to decide.
If they selected the latter course, Somin said, “It will give the president a blank check to declare an invasion at any time, and use it to stop all citizens’ freedom,” said Somin. 。
One prominent judge has recently come to this idea. Judge James Ho’s Appeals Court in the Rio Grande last year in a conflict with the Biden administration in Rio Grande, and James Hoe seems to accept the justice of the invasion in the last summer appeal court. I wrote a partial opposition that I could see. State, while explaining the decision of the invasion as a political issue that has not climbed the court to determine.
“Ho is the only federal judge of a person who considers the problem at least to approve the invasion discussion,” said Somin. “Everyone else has refused it.”
Ho, which is considered to be a candidate for candidates for the Supreme Court’s candidate if Trump was given the opening in a high court, is about to end up for children who have recently born Trump. The idea of an invasion has come up as an exception that can be the principle of rights. Unwritten immigration or temporary visa.
Trump’s Agenda supporters are confident in his determination that the court is invading at the southern border. Other skeptical law experts say that the context he is discussing is very important.
“It may depend on their appetite and may depend on the government to accumulate these cases of unidentified authority,” Lindsay said.
CNN’s Priscilla Alavarez has contributed to this report.
