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How Trump calling immigration an ‘invasion’ could help him stretch the law

Release Date
2025-01-31
Media
CNN
Summary
President Donald Trump is using the term "invasion" to justify actions that strengthen U.S. border policies and empower state and local authorities to enforce immigration laws. Multiple executive orders and memos invoke this language, which references constitutional provisions for protecting states from invasion. This rhetoric may allow Trump to bypass immigration laws, such as those limiting deportations and detentions, by framing the situation at the southern border as an emergency. The administration could also use this justification to increase presidential powers, possibly citing the 1798 Alien Enemies Act, which allows deviations from standard immigration procedures in times of invasion.

The concept of "invasion" also provides states like Texas with legal grounds to enforce immigration policies, potentially allowing them to act in ways federal law usually prohibits. This debate touches on broader constitutional issues regarding executive power, particularly the balance of power between the president and Congress. Legal experts anticipate future court battles over whether the situation at the border qualifies as an "invasion" and what legal consequences that would entail. Some courts have already rejected the invasion argument, while others, including a dissenting judge, have suggested it could be a valid justification.
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USA

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