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The Alien Enemies Act is an old statute, originally enacted during John Adams’ ‍presidency.⁢ Essentially, it ⁢grants the president the authority to ‌remove alien enemies (such as German, Japanese, or Italian nationals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.