Sen. Richard Durbin and three other leading Democrats wrote a letter to the White House criticizing President Donald Trump’s Inauguration Day proclamation that illegal immigration is an invasion of the U.S. The letter suggested that this interpretation of the Constitution could lead to legal action if Trump takes further steps to use the proclamation to limit access to asylum for immigrants crossing the border. The letter was also signed by the ACLU and the Brennan Center.
The Democrats argued that Trump’s expansion of presidential power exceeds what is allowed by the Constitution and federal laws, and urged him to rescind the proclamation and work with Congress on immigration reform. They highlighted that using the term “invasion” to refer to immigrants crossing the border misuses the term as defined by the Constitution, which describes an armed attack by a foreign power.
While Trump has not triggered the Alien Enemies Act, which could allow him to target immigrants without a hearing, the letter warns that doing so could prompt legal action from the groups behind the letter. The ACLU has already challenged the administration’s asylum policies in federal court, arguing that labeling immigrants seeking asylum as invaders is not grounded in legitimate constitutional theory.
The letter emphasizes that migration is not equivalent to an invasion under the Constitution, and that attempts to suspend or disregard laws enacted by Congress on immigration based on this proclamation are legally unfounded and threaten civil liberties. Despite Trump’s border control efforts, the letter calls for a more collaborative approach to immigration policy.
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