Untangling The Deportation Cases
by Joyce Vance , Senior Fellow, Brennan Center for Law & Justice - NYU
The Trump administration wants a confrontation with the courts. Trump wants to try to break them.
There are so many deportation cases happening at once that it’s difficult to keep up. Tonight, we’ll try to separate them so we can understand what is—and what isn’t—happening here. But keep in mind that while the substance of this dispute centers on the policy goal of deporting people Trump calls criminal illegal aliens, it is also a vehicle this administration is using to undercut the ability of the courts to act as a check on the executive branch and make it easier for Trump to range beyond the authority the Constitution affords to the president.That’s an essential path forward for a dictator. Like Trump’s new buddy, Nayib
Bukele, whose government removed all of the Supreme Court Justices in El Salvador when they stood in his way and replaced them with more compliant ones. Or in Hungary, under Viktor Orbán, where the independence of the judiciary has been seriously compromised.
It’s time for people to stop pretending that it isn’t happening. Trump is trying to break the government. To control all its levers, he needs a complicit judiciary to go along with a complacent Congress. To understand the big picture, we need to spend some time in the weeds, examining the different deportation cases. There are so many of them that they turn into a jumble if we aren’t careful to parse them, which is our job for tonight. This is our roadmap to the most important deportation cases at the moment.
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