Deportations and the Law

Deportations and the Law

Author: National Constitution Center March 21, 2025 Duration: 1:07:46
Trump has invoked the Alien Enemies Act of 1798, a wartime authority, to summarily deport suspected members of a Venezuelan gang. He also invoked a Cold War-era statute to deport a student activist at Columbia University. In this episode, Adam Cox of New York University and Ilya Somin of George Mason University join to discuss the scope of the president’s deportation power and to evaluate whether the administration violated the due process or speech rights of the deportees.  Resources  Adam Cox and Cristina Rodríguez, The President and Immigration Law (2020)  Ilya Somin, Free to Move: Foot Voting, Migration, and Political Freedom (2021)  Adam Cox and Ahilan Arulanantham, “Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s),” Just Security (March 12, 2025)  Ilya Somin, “The Case Against Deporting Immigrants for ‘Pro-Terrorist’ Speech,” Volokh Conspiracy (March 10, 2025)  Ilya Somin, “What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications” Just Security (January 28, 2025)  Adam Cox, “The Invention of Immigration Exceptionalism,” Yale Law Review (November 2024)  Bridges v. Wixon (1945) Harisiades v. Shaughnessy (1952) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Hosted by National Constitution Center President and CEO Jeffrey Rosen, We the People is a weekly conversation that digs into the constitutional questions shaping the country right now. This isn't just a history lesson, though historical context is always part of the discussion. Instead, each episode brings together leading voices-legal scholars, journalists, public officials, and advocates-to engage in thoughtful, civil debate. You'll hear genuine dialogue where participants articulate and defend their positions, offering a clearer understanding of the complex legal and philosophical principles at stake. The goal is to move beyond headlines and soundbites, providing a forum where the best arguments from all sides are presented with depth and respect. Tuning into this podcast feels like sitting in on a crucial discussion at the intersection of law, politics, and society, one that illuminates how the Constitution actively influences contemporary American life. Produced by the National Constitution Center, it serves as an essential resource for anyone looking to deepen their grasp of the nation's founding document and its powerful, ongoing role in our public discourse.
Author: Language: English Episodes: 100

We the People
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