Immigration,
Constitutional Law
Apr. 7, 2025
Deportation by executive fiat: Trump's dangerous overreach of power
Trump's use of the Alien Enemies Act to deport members of Tren de Aragua without due process is an overreach of executive power, undermining constitutional rights and facing significant legal challenges.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
President Donald Trump's preferred method of governing is through a steady flood of executive orders (EOs). During the 2024 campaign, he promised to "carry out the largest domestic deportation operation in American history." Trump and his administration are now in the process of attempting to carry out this promise.
On March 15, Trump posted a Proclamation (10903) on the White House website invoking the Alien Enemies Act (AEA) of 1798 (50 U.S.C. §§ ...
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