Immigration

Ilya Somin | 10.16.2024 7:46 PM

In a previous post, I argued that Donald Trump's plan to use the Alien Enemies Act of 1798 as a tool for peacetime mass deportation is illegal, but also noted that courts might nonetheless refuse to invalidate the plan, because they might (wrongly) conclude that the issue is a "political question" that judges are not allowed to consider. The Alien Enemies Act gives the president the power to detain and deport migrants when there "is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or........

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