Trump has invoked the Alien Enemies Act of 1798, a wartime authority, to summarily deport suspected members of a Venezuelan gang. He also invoked a Cold War-era statute to deport a student activist at Columbia University. In this episode, Adam Cox of New York University and Ilya Somin of George Mason University join to discuss the scope of the president’s deportation power and to evaluate whether the administration violated the due process or speech rights of the deportees.
Resources
Adam Cox and Cristina Rodríguez, The President and Immigration Law (2020)
Ilya Somin, Free to Move: Foot Voting, Migration, and Political Freedom (2021)
Adam Cox and Ahilan Arulanantham, “Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s),” Just Security (March 12, 2025)
Ilya Somin, “The Case Against Deporting Immigrants for ‘Pro-Terrorist’ Speech,” Volokh Conspiracy (March 10, 2025)
Ilya Somin, “What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications” Just Security (January 28, 2025)
Adam Cox, “The Invention of Immigration Exceptionalism,” Yale Law Review (November 2024)
Bridges v. Wixon (1945)
Harisiades v. Shaughnessy (1952)
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