Vanity Fair – no paywall: As the administration pushes its “invasion” fantasy, the courts are providing a real-world check on presidential power. One of Donald Trump’s first executive orders, titled “Protecting the American People Against Invasion,” signaled where the administration was headed. By characterizing migrants as invading the United States, Trump could take actions only be expected in times of war and lay the groundwork for an expansion of presidential powers. Seizing on the invasion fantasy, Trump, in March, invoked the Alien Enemies Act of 1798, which had only been used during the War of 1812, World War I, and World War II, and was now being employed to target…Tren de Aragua, a Venezuelan gang that most Americans had probably never heard of. No one is going to defend violent gang activity, but taking such historic measures to go after Tren de Aragua looked like a Wag the Dog scenario to supercharge presidential authority. We heard a bit about Tren de Aragua during the 2024 election, as false claims spread on social media that the gang had taken over an apartment complex in Aurora, Colorado. Trump amplified the rumors, saying at the time, “We have millions of people pouring into our country.… You look at Aurora in Colorado. They are taking over the towns. They’re taking over buildings. They’re going in violently.” And so, he continued, “We have to get them out.”As Team Trump faces judicial restraints on its deportation plans, one of its leading voices started throwing around the idea of simply dismissing a core right. Top policy adviser Stephen Miller told reporters at the White House driveway on Friday that they are “actively looking” into suspending the writ of habeas corpus, which guarantees people the right to go to court to fight their detainment. “The Constitution is clear…the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said. There’s a lot wrong with Miller’s statement. For one, habeas corpus is not a “privilege,” but a Constitutional right. And second, his use of the term “invasion” is the same fear-mongering language that Trump used to justify invoking the Alien Enemies Act…”
See also CRS – Federal Habeas Corpus: A Legal Overview, Updated October 1, 2024
