Trump’s deportation plan for cartel and gang members would be an unlawful mistake
In a scathing op-ed published in the Des Moines Register, Donald Trump has vowed to reverse “Joe Biden’s border disaster on day one.” Trump’s credibility on this issue is unquestionable; his track record as president in enforcing immigration laws and controlling the border was exceptional. He is absolutely right in stating that Biden’s policies are causing a “nation-wrecking nightmare on our southern border,” and not just at the border, but also in our major cities.
No nation can tolerate the unprecedented number of illegal immigrants that this country has witnessed and continues to witness under Joe Biden. Trump’s proposed measures to stem this illegal influx, protect American communities from the immense costs it imposes, and enforce the laws as written by Congress are long overdue. And even though bold actions like “record-setting deportation operations” resulting in “millions” of deportations will be necessary, they are justified and proportional to the magnitude of the problems caused by Biden.
However, there is one proposal by Trump that should give even his staunchest supporters pause. He plans to “invoke the Alien Enemies Act to remove known or suspected gang members, drug dealers, or cartel members from the United States.”
The issue here is that the law in question does not authorize the action Trump is suggesting. While it is commendable to enforce immigration laws as enacted by Congress, a reelected President Trump should not overstep those laws and engage in illegal activities. If he requires new legal authorities to take actions that safeguard America’s borders and rectify the disastrous policies of the Biden administration, he should seek those authorities from Congress instead of assuming them for himself. His aim should be to restore the rule of law in immigration control and other areas, not compound Biden’s illegalities with his own.
Trump’s first term began with a misstep on immigration law, commonly referred to as the “Muslim ban.” His initial executive order had to undergo two subsequent revisions before finally being upheld by the Supreme Court. This episode caused unnecessary embarrassment at the beginning of Trump’s administration. The second term should not repeat the mistakes of the first.
The Alien Enemies Act is an old statute, originally enacted during John Adams’ presidency. Essentially, it grants the president the authority to remove alien enemies (such as German, Japanese, or Italian nationals during World War II) from the United States. The act requires the fulfillment of certain conditions before its powers can be activated. These conditions are either a declared war between the United States and a foreign nation or government, or an invasion or predatory incursion perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government (emphasis added).
In broad terms, the law authorizes the expulsion of foreign nationals when there is a declared war between their home country and the United States, or when there is an actual or threatened invasion of the United States by that country.
The first condition is not met: there is no declared war between the United States and Mexico, the only nation on its southern border. However, the second condition is also not met. Even if one considers the illegal border crossings by numerous gang members, drug dealers, and cartel members from Mexico into the United States as an “invasion” (which may not be legally accurate), it is not being carried out by the nation or government of Mexico. This remains true even if it can be established that the Mexican government, under Biden, has not taken adequate measures to secure its border with the U.S. or prevent millions of illegal aliens from crossing it.
Mexico has previously assisted U.S. border control operations: As Trump’s op-ed highlights, during his presidency, he “persuaded the Mexican government to deploy tens of thousands of soldiers to the border free of charge.” If Biden has been unwilling to continue such cooperation, the fault lies with him. Mexico cannot be held responsible for the influx of illegal migrants.
Furthermore, Trump’s proposal to use the Alien Enemies Act to remove “known or suspected” gang members and others is not as straightforward to implement as it may seem. It has long been established that those facing removal are entitled to at least some due process. While the process may be expedited for illegal entrants “known” to be gang members or similar, it would need to be more substantial for those merely “suspected” of such activities or associations.
None of this is to deny the immense harm caused by gangs, cartels, and drug or human traffickers entering the United States from Mexico. They are indeed causing significant damage to the people and institutions of this country. The federal government should make every effort to stop them. However, the Alien Enemies Act does not provide a legal solution to this problem.
If reelected, President Trump will undoubtedly face strong opposition from the left-wing and corporate sectors when he begins deporting millions of aliens who have no legal right to be in the country. He should not undermine or compromise that program by entangling it with another initiative that is likely to be struck down by the courts. It would be wiser for him to pass the responsibility to Congress. On day one, he should present a well-considered piece of legislation to Congress, specifically targeting cartels, gangs, and traffickers, granting him full authority to swiftly and decisively act against them.
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How does Trump’s potential invocation of the Alien Enemies Act challenge the principles of a democratic society?
It is a failure on his part, but it does not constitute an invasion perpetrated by the Mexican government.
It is crucial that Trump, or any future president, adheres to the rule of law and respects the limitations placed on their power. By invoking the Alien Enemies Act in a way that exceeds its intended scope, Trump would be setting a dangerous precedent for executive overreach. This undermines the checks and balances that are fundamental to the functioning of our democracy.
If Trump believes that additional measures are necessary to address the problems at the border, he should work through the appropriate channels to seek the necessary authorities from Congress. By doing so, he would not only follow established legal procedures but also ensure that any actions taken have the backing of the legislature, representing the will of the American people.
Furthermore, it is important to consider the potential consequences of Trump’s proposal. By using the Alien Enemies Act to remove individuals deemed to be gang members, drug dealers, or cartel members, there is a risk of unjustly targeting innocent individuals or violating their due process rights. It is crucial to strike a balance between safeguarding national security and upholding the principles of fairness and justice that our democracy is built upon.
In conclusion, while Donald Trump’s plan to reverse Joe Biden’s border policies is commendable, his proposal to invoke the Alien Enemies Act raises concerns. The law does not authorize the action he is suggesting, and it is important for any president to operate within the boundaries of the law. By seeking the necessary authorities from Congress and upholding the rule of law, Trump can better address the challenges at the border while preserving the integrity of our democratic institutions.
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