Updated Version of My Article "Immigration is Not Invasion" |
Invasion
It is now up on SSRN, and also under submission to law reviews.
Ilya Somin | 2.2.2026 2:25 PM
A revised and updated version of my article "Immigration is Not Invasion" now up on SSRN, and also under submission to law reviews. This latest version has additional evidence on the history and original meaning of "invasion." It is also updated with material on the latest developments in ongoing litigation over the meaning of "invasion," most recently the Trump administration's extraordinary admission that their interpretation of the Alien Enemies Act would allow the president to invoke it in response to the "British Invasion" of rock stars, such as the Beatles.
Here is the abstract:
In recent years, state governments and the second Trump Administration have increasingly advanced the argument that illegal migration and cross-border drug-smuggling qualify as "invasion" under the Constitution, and the Alien Enemies Act of 1798 (AEA). If these arguments........