Yesterday, US News and World Report co-authored my article, “Trump asserts dictatorial authority over immigration.” Here’s an excerpt:
During his presidential campaign, President Donald Trump said he was just the “first day” dictator when he “closes the border” to almost all immigrants. True to his words, when Trump took office, he signed an executive order that rewrites the constitution and explicitly invalidates the law to limit immigration.
However, these executive orders did not expire on the second day. The president is still exerting his dictatorial powers on immigration, and it is not yet clear that anyone will stop him. Several court decisions are trying to restrain him, and the Supreme Court should also intervene if necessary. Whatever you think about immigration, any restrictions must be legally imposed.
Trump’s theory of presidential rule over immigration goes far beyond his predecessors. In an enforcement declaration issued within hours of his inauguration, Trump argued that he had full authority to shut down virtually all legal immigrants and ignore laws that protect immigrants from illegal detention and deportation.
The president has shown that even though the constitution gives Congress the power to enact laws rather than the president, they can unilaterally suspend Congress’ immigration laws because they “ineffective.”
To justify ignoring laws such as the Refugee Act of 1980, Trump relied on the idea that the president was constitutionally allowed to stop “aggression” to justify allowing people fleeing persecution to apply for asylum to enter the United States. However, illegal migration is not an invasion. Under the Constitution, as founder James Madison said, “Aggression is a war operation,” and civilians are not violating bureaucratic regulations on places that cross the border.
