berg80
Diamond Member
- Oct 28, 2017
- 25,069
- 21,037
- 2,320
He contends the law trump plans to use to facilitate the deportation of illegal immigrants is not applicable. Please read the entire article.
The Law Hinges on the Idea of an Invasion or Predatory Incursion
Historically, the Act has been used only when Congress has declared war, and Supreme Court precedent has acknowledged that the law may only be used as a wartime authority. But its text also includes actual or threatened “invasion or predatory incursion” by a foreign nation or government. There is, of course, no military invasion or incursion occurring in the United States, so it would be unlawful for Trump to invoke the Act.
Nonetheless, invasion rhetoric has been a lynchpin of Trump’s presidential campaign. During a nomination acceptance speech at the Republican National Convention, Trump falsely claimed that the “greatest invasion in history” was happening at the southern U.S. border with Mexico, and such rhetoric has been used to justify his extreme anti-immigrant stances and policy proposals. Increasingly, we’ve seen other anti-immigrant extremists use “invasion” theory to facilitate their illegal actions. In Texas, Governor Greg Abbott has repeatedly claimed an invasion at the U.S.-Mexico border to show just cause for the entirety of Operation Lone Star, an anti-immigrant border enforcement scheme that allows for the arrest of U.S. citizens and others far from the southwest border. Abbott has even used it to justify the construction of a 1,000-foot barrier in the Rio Grande River.
https://www.aclu.org/news/immigrant...d-law-to-implement-a-mass-deportation-program
The problem for those opposed to trump on this (a majority of Americans are) is his SC routinely ignores established precedent to achieve ideological goals.
The Law Hinges on the Idea of an Invasion or Predatory Incursion
Historically, the Act has been used only when Congress has declared war, and Supreme Court precedent has acknowledged that the law may only be used as a wartime authority. But its text also includes actual or threatened “invasion or predatory incursion” by a foreign nation or government. There is, of course, no military invasion or incursion occurring in the United States, so it would be unlawful for Trump to invoke the Act.
Nonetheless, invasion rhetoric has been a lynchpin of Trump’s presidential campaign. During a nomination acceptance speech at the Republican National Convention, Trump falsely claimed that the “greatest invasion in history” was happening at the southern U.S. border with Mexico, and such rhetoric has been used to justify his extreme anti-immigrant stances and policy proposals. Increasingly, we’ve seen other anti-immigrant extremists use “invasion” theory to facilitate their illegal actions. In Texas, Governor Greg Abbott has repeatedly claimed an invasion at the U.S.-Mexico border to show just cause for the entirety of Operation Lone Star, an anti-immigrant border enforcement scheme that allows for the arrest of U.S. citizens and others far from the southwest border. Abbott has even used it to justify the construction of a 1,000-foot barrier in the Rio Grande River.
https://www.aclu.org/news/immigrant...d-law-to-implement-a-mass-deportation-program
The problem for those opposed to trump on this (a majority of Americans are) is his SC routinely ignores established precedent to achieve ideological goals.