Attorney Alan Dershowitz highlighted various strategies available to President Donald Trump and Congress to counteract a judge’s decision that temporarily blocked the deportation of over 200 members of the Tren de Aragua (TdA) prison gang.
The judge in question, United States District Judge James Boasberg of the District of Columbia, issued an injunction ordering the Trump administration to halt deportations. Trump had previously cited the Alien Enemies Act of 1798 to expedite the removal of the gang members.
Dershowitz noted that the language within the Alien Enemies Act might have given Judge Boasberg leeway to stop the deportations. However, he asserted that Trump had multiple avenues to remove TdA members, many of whom lacked proper documentation. The legal expert also mentioned that these options could also help manage Boasberg’s influence over the situation.
“What I don’t understand, maybe my listeners can explain it to me, is why the administration invoked this Alien 1798 French exclusion law that requires that there be either an invasion or declared war,” Dershowitz remarked.
He questioned whether Venezuela, potentially complicit in the situation, could be considered as involved in a declared war or invasion. The complexity of the law, he said, allowed the judge to scrutinize its application.
Dershowitz pondered the consequences if the administration had opted for a different legal approach. “What if they had said, ‘Look, these guys are gang members. They’re murderers. They’re rapists. They’re bringing in fentanyl,’” he mused.
The question of whether the judge would have reacted differently remained unanswered, but Dershowitz emphasized its importance.
President Trump has actively pursued measures to tackle illegal immigration, issuing several executive orders to this end. Notably, he designated Mexican drug cartels, TdA, and MS-13 as foreign terrorist organizations. This highlights the administration’s commitment to addressing the threats posed by violent gangs.
“I think Congress can do more to facilitate the exit of these bad guys,” Dershowitz argued. He suggested that legislative action could limit the jurisdiction of courts, preventing judges from one district from influencing decisions in another. Such measures could streamline the process of deporting dangerous individuals.
Recalling his teaching days, Dershowitz discussed the legal complexities surrounding the Vietnam War. Debates about the war’s constitutionality and the role of courts and presidential decisions were common. He recognized the importance of checks and balances in navigating such intricate issues.
Dershowitz dismissed the idea that Trump’s actions created a constitutional crisis. He asserted that Congress has the power to reshape the judiciary by adjusting the number and jurisdiction of district courts. This legislative authority, he said, could avert potential constitutional conflicts.
“Congress clearly has the authority,” Dershowitz stated. He pointed out that the Constitution does not specify the number or location of lower courts, leaving these decisions to Congress. By exercising this power, Congress can play a more significant role in shaping the judicial landscape.
Despite the current legal challenges, Dershowitz emphasized there is no constitutional crisis. He urged Congress to take proactive steps in legislating on complex legal matters to prevent future disputes. The potential for Congress to have a greater impact on these issues is clear.
Dershowitz’s insights shed light on the intricate interplay between the executive branch, the judiciary, and Congress.
The current situation underscores the ongoing debate about immigration law and the powers of different branches of government. As the nation grapples with these challenges, finding effective solutions remains paramount.
Darnell Thompkins is a Canadian-born American and conservative opinion writer who brings a unique perspective to political and cultural discussions. Passionate about traditional values and individual freedoms, Darnell’s commentary reflects his commitment to fostering meaningful dialogue. When he’s not writing, he enjoys watching hockey and celebrating the sport that connects his Canadian roots with his American journey.
