Senator Richard Durbin, D-Bill., And three other leading Democrats in Congress wrote in a letter to the White House on Tuesday that the proclamation of the opening day of President Donald Trump that declares that illegal immigration is an invasion of the United States is a “problematic and wrong interpretation of the Constitution”, which could be a precursor to the legal action if Trump goes beyond.
The Democrats of the Congress signed the letter, Sens. Durbin and Alex Padilla, together with the representatives Jamie Raskin and Pramila Jayapal, joined by the American Union of Civil Liberties and the Brennan Center, a tank of thought of the liberal law and democracy.
“Since he assumed the position, he has tried to expand the scope of presidential power beyond what is allowed by the Constitution of the United States and applicable federal laws. This proclamation is no different, ”said the letter.
Trump has used proclamation to effectively end asylum for immigrants who cross the border, both legally and illegally.
Before being inaugurated, several officials with their transition team suggested that they would use a statement that illegal immigration through the southern border is an invasion to trigger the Alien enemies law, which could allow you to attack immigrants and use war powers to deport them without an audience. He has not triggered the act so far; Doing so could lead to legal actions of the groups behind this letter.
The White House did not immediately respond to a request for comments.
The members asked Trump to terminate the proclamation and work with the Congress on immigration reform.
Last week, in his speech to a joint session of Congress, Trump promoted his border achievements, including a historical minimum at border crossings. The Trump administration has promoted more money to continue deporting immigrants and watching the border, but has not made any impulse for a new immigration legislation.
The letter says that Trump declares that an alien invasion on the border uses the term “invasion” as defined by the Constitution.
It also argues that the term “invasion” is used in article IV of the Constitution to mean “an armed attack of foreign power.” And he affirms that Trump is raising new legal statements, which means that his theories have not been tested in court, using “invasion” in reference to immigrants who cross the border and when claiming such an invasion “triggers unilateral presidential power over immigration, including the power to suspend or ignore the laws that Congress has presented delimity.”
“These statements are not only legal and factically unfounded, but also threaten civil liberties and constitutional separation of powers,” says the letter.
He adds: “As a legal issue, migration is not a” invasion. “As the courts have constantly sustained, an ‘invasion’ under the Constitution requires ‘armed hostility of another political entity, as another foreign state or country that has the intention of overcoming the government’.”
ACLU has challenged the Trump administration’s asylum policy in the Federal Court.
“The rhetoric of the campaign that immigrants looking for asylum are invading the country is not enough as a legal issue. Under no legitimate constitutional theory are immigrants who invade our country, ”said Lee Gell, A ACLU lawyer, who is the main lawyer about his challenge to Trump’s asylum policies.
