Padilla, Dem Immigration Leaders Challenge Constitutional Basis of Trump’s “Invasion” Declaration

WASHINGTON, D.C. — Sen.Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, joined other Democratic immigration leaders March 11 in challenging the constitutional basis of President Trump’s sham “invasion” proclamation, which the President believes would allow his Administration to circumvent federal immigration law.

In a letter to the President, the lawmakers characterized his desperate attempts to use emergency authorities as a pretext to avoid complying with immigration laws passed by Congress. The legislators then analyzed the President’s incorrect interpretation of the term “invasion,” which is contradicted by longstanding precedent from previous executive proclamations involving Presidents Roosevelt, Polk, and Lincoln.

“As a legal matter, migration is not an invasion.’ As courts have consistently held, an ‘invasion’ under the Constitution requires ‘armed hostility from another political entity, such as another state or foreign country that is intending to overthrow the [] government.’ Courts’ requirement of an armed attack is consistent with how the term ‘invasion’ is used throughout the Constitution, alongside language like ‘insurrection’ and ‘rebellion,’” wrote the lawmakers. “Proclaiming a rhetorical ‘invasion’ would degrade protections throughout the Constitution—lowering the bar for suspending the writ of habeas corpus and even expanding the circumstances in which states may ‘engage in War’ without the approval of the federal government. Under our constitutional design, these exceptional powers are reserved for times of armed conflict; they are not available to respond to migration or other non-military matters.”

The legislators refuted the President’s incorrect statement that he can suspend or disregard the laws Congress passed, and called on him to rescind his unfounded proclamation.

“[T]he idea that the president has broad inherent power over immigration that allows him to override duly-enacted laws is unfounded and damaging. Congress, not the president, has the authority to make laws, including our immigration laws. And as the courts have long recognized, Congress has created a ‘comprehensive scheme governing all aspects of immigration and naturalization,’” continued the lawmakers. “The president has no authority to abandon or rewrite this comprehensive scheme; to the contrary, the president’s constitutional role is to take care that our immigration laws are faithfully executed.”

“The United States is not being invaded, it is not at war with migrants, and you must uphold our duly-enacted immigration laws. We have full faith that the courts will stand firm in the face of your attacks on the separation of powers. We call on you to rescind your Proclamation and work with Congress to pass much-needed, overdue bipartisan immigration reform that respects immigrants’ dignity and the rule of law,” concluded the lawmakers.

President Trump’s proclamation was riddled with falsehoods to enact his anti-immigrant agenda. Similarly, the Administration’s previous attempts to apply Title 42 authorities to migrants had no basis in public health.

The letter is supported by the Brennan Center for Justice and the American Civil Liberties Union.

Details: Full text of the letter is available here