At present, Simply Safety revealed my article on “The ‘Invasion’ Executive Order and its Dangerous Implications.” Here’s a transient excerpt:
A variety of essential points in immigration legislation and coverage now activate the which means of a beforehand little-noticed time period within the Structure: “invasion.” The Trump administration and a few pink state governments declare that unlawful migration and drug smuggling throughout the southern border qualify as “invasion” underneath the Structure and the Alien Enemies Act of 1798. If this ill-founded argument isn’t rejected by the courts, it could have harmful and far-reaching implications. Amongst different issues, it could empower the federal authorities to detain individuals with out cost or trial, and open the door for states to have interaction in conflict with neighboring overseas nations with out congressional authorization.
The remainder of the article explains intimately why the speculation that unlawful migration and drug smuggling qualify as “invasion” is incorrect, why permitting to face would have a wide range of harmful implications, and why courts shouldn’t punt the problem by ruling that the definition of “invasion” a “political query.” See additionally my March 2024 Lawfare article and Fifth Circuit amicus brief on associated points.
