Amicus With Dahlia Lithwick | Law, Justice, and the Courts Episode Summary: "Trump’s Unconstitutional Rampage Against Immigration" Release Date: January 25, 2025

Introduction

In this gripping episode of Amicus, Dahlia Lithwick delves into the unprecedented actions taken by former President Donald Trump in his second term to overhaul the United States' immigration system. Joined by Aaron Reichland Melnick, Senior Fellow and former Policy Director at the American Immigration Council, the discussion unpacks the legal and constitutional ramifications of Trump's aggressive immigration policies.

Background on Trump's Immigration Policies

Upon assuming office, Trump, leveraging advisors like Stephen Miller and initiatives such as Project 2025, swiftly issued a series of executive orders aimed at tightening the nation's immigration framework. These orders sought to seal the borders, intensify crackdowns on undocumented immigrants, and overhaul existing immigration enforcement mechanisms.

Dahlia Lithwick [01:56]: "This past week has been one of shock and awe and boundless ugliness in the form of a series of executive orders..."

Compassion and the Bishop's Plea

A pivotal moment highlighted in the episode is the viral clip of Bishop Marianne Edgar Budd at the National Cathedral Prayer Service. Bishop Budd implores President Trump to show mercy towards immigrants, invoking moral and religious imperatives for compassion.

Dahlia Lithwick [04:09]: "...I ask you to have mercy, Mr. President, on those in our communities whose children fear that their parents will be taken away..."

Aaron Reichland Melnick emphasizes the backlash against such pleas, noting Republican Representative Mike Collins' extreme response against the Bishop.

Aaron Reichland Melnick [05:16]: "...how far we have fallen from the discourse that we used to have in this country around compassion, mercy, and justice."

Scope and Force of Executive Orders

Lithwick and Melnick explore the dual nature of Trump's executive orders—presenting them as both symbolic "wish lists" and actionable directives impacting asylum seekers and legal immigration avenues. The shutting down of the CBP1 app, which facilitated lawful entry, left thousands in limbo, highlighting the disruptive impact of these orders.

Constitutional Challenges and the Role of the Courts

A significant focus is on the constitutional overreach evident in Trump's policies, particularly regarding birthright citizenship under the 14th Amendment. Melnick argues that Trump's attempts to redefine citizenship lack legal merit and are likely to be struck down by the judiciary.

Aaron Reichland Melnick [29:23]: "There are a few fringe scholars... I am still pretty confident that the courts will knock this down."

Militarization of Immigration Enforcement

Trump's orders extend beyond traditional immigration enforcement, incorporating military involvement—a move that raises alarms about the potential violation of the Posse Comitatus Act, which limits the use of federal military personnel in domestic law enforcement.

Dahlia Lithwick [20:05]: "...this feels like a violation of posse comitatus..."

Melnick clarifies the historical context of military deployment at borders but acknowledges the uncertainty surrounding the extent of Trump's intentions.

Targeted Deportations and ICE Operations

The episode delves into Trump's promise of unprecedented domestic deportation operations. Melnick outlines the logistical and financial challenges of such initiatives, emphasizing the improbability of deploying millions due to resource constraints.

Aaron Reichland Melnick [45:58]: "A lot of it isn't possible with current resources... the private prison companies... are about to make a bonanza."

Impact on the Legal System and Resources

The discussion highlights the strain on the immigration court system and the substantial costs associated with mass detention and deportation. Melnick points out the difficulties in scaling up enforcement capacities amidst limited resources and high operational costs.

Threats to Local Officials and Nonprofits

Trump's administration targets not only immigrants but also local and state officials who resist federal immigration crackdowns. The Department of Justice's directives to investigate and potentially prosecute officials in sanctuary jurisdictions stand in stark violation of existing laws separating federal and state powers.

Aaron Reichland Melnick [35:08]: "...the federal government cannot force states to do certain things... black letter law."

Additionally, nonprofits that support immigrants face audits and funding freezes, creating a chilling effect on community assistance programs.

Personal Stories and Resignations in the DOJ

Melnick shares insights into internal turmoil within the Department of Justice, noting resignations and the erosion of institutional knowledge. This exodus undermines the DOJ's capacity to defend against or prosecute the new immigration policies effectively.

Aaron Reichland Melnick [41:48]: "They are still going to need to have lawyers in courtrooms... they are not going to be able to replace them all that quickly."

Call to Action and Advice for Listeners

In a heartfelt conclusion, Melnick urges listeners to maintain compassion and uphold the rule of law amidst the turmoil. He emphasizes community support, staying informed through reliable sources, and continuing to advocate for justice and legal protections.

Aaron Reichland Melnick [58:24]: "We have to remember that no presidential administration can take away our own moral sense of what's right and wrong."

Conclusion

Dahlia Lithwick wraps up the episode by acknowledging the complexity and gravity of Trump's immigration initiatives. She underscores the importance of understanding the legal battles ahead and the societal impact of these aggressive policies.

Notable Quotes

• Dahlia Lithwick [01:56]: "The imperial presidency is here and it's in action, and the question is how much will the courts push back on it?"

• Aaron Reichland Melnick [05:16]: "...core to our foundations as a country. They have been written into our laws."

• Aaron Reichland Melnick [29:23]: "...courts will knock this down. This seems like of all of the things that he has done in day one, this is the most obviously illegal..."

• Aaron Reichland Melnick [35:08]: "States have their own police powers. They get to control how they use their law enforcement..."

• Aaron Reichland Melnick [58:24]: "We have to remember that no presidential administration can take away our own moral sense of what's right and wrong."

This episode of Amicus offers a comprehensive analysis of Trump's vehement push against immigration norms, highlighting the legal challenges and societal implications. Through insightful dialogue and expert commentary, listeners gain a nuanced understanding of the constitutional crises unfolding at the nation's borders.