Podcast Summary: 99% Invisible – "The Return of Con Law"

Released on June 10, 2025

Hosts: Roman Mars and Professor Elizabeth Jo

Introduction

In this special extended episode of 99% Invisible, hosts Roman Mars and Professor Elizabeth Jo delve deep into the complexities of constitutional law, particularly focusing on the resurgence and controversial application of the Alien Enemies Act in contemporary politics. The episode not only revisits historical events surrounding the act but also draws parallels to recent governmental actions under the Trump administration, highlighting significant legal battles and their implications for the rule of law in the United States.

Historical Context: Zoot Suits and Civil Unrest [01:55 - 08:18]

Professor Elizabeth Jo begins by transporting listeners back to the 1940s, a period marked by World War II and significant domestic upheaval in Los Angeles. She discusses the emergence of the zoot suit as a cultural symbol among Mexican American youth, which inadvertently became a flashpoint for racial tensions and violence.

• Quote: “By 2025 standards, it's actually pretty nice. But in the 1940s, the zoot suit gets a really bad rap.” ([02:06])

Jo explains how President Roosevelt's Executive Order 9066 led to the internment of Japanese Americans, exacerbating labor shortages in agriculture and prompting the U.S. to implement the Bracero Program, bringing millions of Mexican workers to the country. This influx intensified racial tensions, with zoot suits becoming associated with perceived unpatriotic and criminal behavior, culminating in events like the Sleepy Lagoon Trial and the Zoot Suit Riots.

The Alien Enemies Act: From History to Modern-Day Application [09:09 - 20:18]

Transitioning from historical events, the conversation shifts to the Alien Enemies Act, a statute from the 18th century that grants the U.S. President the authority to detain or deport non-citizens from hostile nations during times of war.

• Quote: “In plain English, what the act does is to give the President of the United States the power to detain or deport aliens, which is really just the federal law term for non-citizens.” ([09:55])

Professor Jo elucidates the original intent of the Act, emphasizing that it was not designed for mass deportations but as a wartime measure to address national security threats. However, she highlights how former President Trump has reactivated and stretched the Act's provisions to justify widespread deportations under the guise of combating a supposed invasion of illegal aliens.

Trump Administration’s Use of the Alien Enemies Act [12:31 - 30:53]

Roman Mars and Professor Jo dissect the Trump administration's aggressive immigration policies, particularly the invocation of the Alien Enemies Act to initiate a mass deportation campaign targeting Venezuelan nationals purportedly linked to the Terrorism Confinement Center (CECON) in El Salvador.

• Quote: “Whenever there is a declared war between the United States and any foreign nation... all natives, citizens, denizens, or subjects of the hostile nation or government shall be liable to be apprehended...” ([09:30])

They discuss President Trump's proclamation labeling Venezuelan gang members as alien enemies, leading to unprecedented ICE raids and deportations without due process. The hosts draw attention to the administration's goal of deporting a million individuals within a year, highlighting the problematic quotas and the incidental detention of non-violent offenders based on superficial indicators like tattoos.

• Notable Incident: The deportation of individuals to SECOT, El Salvador's notorious megaprison, despite court orders halting such actions.

Legal Challenges and Supreme Court Involvement [31:34 - 50:29]

The episode delves into the legal battles sparked by the Trump administration's actions. Professor Jo outlines several lawsuits challenging the legitimacy of using the Alien Enemies Act in this manner, emphasizing the judiciary's role in safeguarding constitutional rights.

• Quote: “More than 200 people have been sent by the Trump administration to SEEKOT in El Salvador so far... the entire Trump administration strategy so far seems to have been to rush out a group of Venezuelan nationals based on dubious claims...” ([37:54])

They highlight key court rulings, including the Supreme Court's intervention in cases like JGG v. Trump, where the Court mandated due process even under the Alien Enemies Act, stating that detained individuals must have the opportunity to challenge their deportation.

• Quote: “Even non-citizens are entitled to constitutionally adequate procedures before they're removed from the country.” ([20:18])

The hosts discuss the disturbing precedent set by the Supreme Court's recognition of due process rights, countering the administration's attempts to bypass legal safeguards by pushing deportations beyond U.S. jurisdiction.

Case Study: Kilmar Abrego Garcia [41:55 - 46:39]

A poignant case study is presented through the story of Kilmar Abrego Garcia, a Maryland resident falsely accused and deported under the Alien Enemies Act. Despite an immigration judge's 2019 decision granting him asylum, Garcia was abruptly detained and sent to El Salvador without proper legal recourse.

• Quote: “...the court is saying, look, that doesn't matter, because we have this separate set of constitutional traditions...” ([37:54])

Professor Jo details the legal saga, including the Supreme Court's order for Garcia's return and the administration's subsequent inaction, illustrating the erosion of the rule of law and the potential for arbitrary governmental power.

Implications for the Constitution and Rule of Law [50:29 - 60:16]

The discussion shifts to the broader implications of these developments on constitutional democracy. Professor Jo expresses grave concerns about the weakening of legal institutions and the potential for any presidential overreach to undermine fundamental rights.

• Quote: “We are in a world where we can't rely on the executive branch following court orders, we're in a very, very bad place.” ([49:55])

Both hosts emphasize the necessity of public awareness and education on constitutional matters to uphold the sanctity of legal protections. They announce the launch of a new monthly series, "What Trump Can Teach Us About Con Law," alongside a Constitution-focused book club aimed at fostering informed citizenry and reinforcing constitutional democracy.

• Quote: “The Constitution is a commitment we make, you know, on a day to day basis.” ([58:40])

Conclusion and Future Endeavors [60:16 - End]

Concluding the episode, Roman Mars and Professor Jo reiterate the critical importance of understanding and engaging with the Constitution to prevent the erosion of democratic principles. They invite listeners to join their upcoming book club and educational series, aiming to rekindle collective commitment to constitutional governance.

• Quote: “This is our time to rise up and lend aid and comfort to the Constitution so that this stuff continues on.” ([59:55])

Key Takeaways

• The Alien Enemies Act, originally a wartime measure, has been controversially repurposed by the Trump administration to justify mass deportations without due process.
• Legal challenges have begun to restore some constitutional protections, but significant concerns remain regarding executive overreach and the undermining of the rule of law.
• The judiciary has played a pivotal role in limiting the administration's actions, yet cases like that of Kilmar Abrego Garcia illustrate ongoing vulnerabilities.
• Public education and engagement with constitutional law are essential to uphold democratic principles and prevent future abuses of governmental power.

Notable Quotes with Timestamps

• “By 2025 standards, it's actually pretty nice. But in the 1940s, the zoot suit gets a really bad rap.” — Elizabeth Jo ([02:06])
• “In plain English, what the act does is to give the President of the United States the power to detain or deport aliens...” — Elizabeth Jo ([09:55])
• “We have to provide the support. If we want to believe in the system...” — Elizabeth Jo ([58:40])
• “Even non-citizens are entitled to constitutionally adequate procedures before they're removed from the country.” — Roman Mars ([20:18])
• “The Constitution is a commitment we make, you know, on a day to day basis.” — Elizabeth Jo ([58:40])

Final Note:
This episode serves as a critical examination of how historical laws can be manipulated to serve contemporary political agendas, emphasizing the necessity for vigilance and education to protect constitutional democracy.