Trump’s intention to resort to centuries-old laws to achieve his goals

January 8, 2025
An american flag and a judge 's gavel on a wooden table.

President-elect Donald Trump is planning to use ancient laws and legal theories to push his agenda during his first year in office, particularly on issues such as immigration and birthright citizenship. According to CNN, Trump has expressed his intention to invoke a 1798 law to accelerate deportations and has suggested the possibility of using a law tied to the Whiskey Rebellion of 1794 to deploy the military on U.S. soil.

Immigration is not the only issue on Trump’s mind. Some of his allies, including Vice President-elect JD Vance, have proposed enforcing an 1873 chastity law, known as the Comstock Act, to prohibit mailing abortion drugs. However, Trump has stated that he does not plan, in principle, to use this law to restrict access to abortion drugs, although he has left open the possibility that this may change in the future, as reported by CNN.

Trump has framed these laws as a way to return to times of greater political power in the United States, suggesting that he could use the same powers granted by presidents like John Adams and Thomas Jefferson to confront what he has called the «enemy from within» and carry out mass deportations of undocumented immigrants. CNN explains that some of the laws Trump is considering have complicated histories, which could lead to confrontations with a 6-3 conservative Supreme Court that will closely monitor the actions of the new president.

For example, the Alien Enemies Act of 1798, which Trump has specifically mentioned during his campaign, allows the federal government to expedite deportations of citizens from «hostile nations» during wartime. This law was last used during World War II to intern Japanese citizens, an act that was upheld by the Supreme Court in a controversial 1944 decision, as noted by CNN.

According to CNN, in an interview earlier in 2024 with Time magazine, Trump spoke about using the military or the National Guard to assist with the deportation of millions of undocumented immigrants.

The current version of the law was last invoked by President George H. W. Bush during the 1992 Los Angeles riots that followed the acquittal of four white police officers for the beating of Rodney King.

Revisiting Birthright Citizenship

Another issue Trump has mentioned is his interest in reopening the long-standing debate over birthright citizenship, which has been law since the Supreme Court ruled in 1898 that people born on U.S. soil are citizens, even if their parents are not.

The president-elect has long criticized birthright citizenship, which is protected by the 14th Amendment.

Still, his allies are considering directing the State Department to deny passports to children of undocumented parents and tightening the requirements for tourist visas to end «birth tourism,» sources familiar with the planning told CNN in December. Denying passports to U.S.-born individuals would trigger immediate lawsuits.

However, history is believed to work against Trump in this case.

At Pikes Peak Immigration, we will continue to monitor what happens regarding immigration once Trump takes office, and we will keep fighting for the rights of immigrants, no matter the circumstances.

If you have questions or need legal advice, call us at 719-602-4477.

 

Trump’s intention to resort to centuries-old laws to achieve his goals
February 19, 2025
As part of the measures taken by the administration of Donald Trump, and as explained in an article published on WLRN.COM, the 2011 policy limiting the actions of immigration agents in "sensitive areas," such as churches, hospitals, and schools, was revoked. This decision was part of Trump’s campaign promises to tighten policies against undocumented immigrants. However, despite the policy change, immigration authorities can only access public areas of hospitals without a court order, while entry into private areas requires a warrant. WLRN.COM mentions in its article that hospitals in South Florida, such as those operated by HCA Healthcare and Jackson Health System, continue to comply with federal regulations that require emergency medical care to be provided to all individuals, regardless of their immigration status. "We provide care to all patients who come to our facilities in accordance with the Emergency Medical Treatment and Labor Act (EMTALA)," said a spokesperson for HCA Healthcare's East Florida division, which operates 14 hospitals in South Florida. EMTALA is a federal regulation that mandates hospitals to provide emergency medical services to anyone, regardless of their ability to pay, including undocumented immigrants. WLRN.COM recently interviewed Paul Chavez, director of litigation for Americans for Immigrant Justice, who stated, "Often, ICE shows up at locations with a notice stating that a search warrant is required. This does not give them any authority to search what would otherwise be private areas. Therefore, the designated person must be very careful to ensure that what they see is a real search warrant," he said. This is a brief overview of the daily challenges immigrants and the institutions that serve them face to ensure their rights are not denied. In contrast, while immigrant advocates carefully study each situation to ensure due process, efforts and intentions to make the path increasingly difficult for those living in the country illegally persist. In the state of Florida, Governor Ron DeSantis and legislators are working hard to implement new projects and enforce those already in place. Among these projects are proposals such as making it a state crime to enter Florida without legal authorization. Another measure supported by DeSantis would require the preventive detention of individuals who are in the country without legal authorization and are accused of serious crimes. New powers would allow Florida police to interrogate and arrest suspected undocumented immigrants. Similarly, the proposed bill would increase criminal penalties for undocumented immigrants who commit crimes and establish the death penalty for those convicted of capital offenses. The measure would also repeal a state law that allows Florida students who lack legal immigration status to qualify for in-state tuition at public colleges and universities. As evident, defending immigrants, especially those who are undocumented, has become an even greater challenge since Trump took office. However, at PIKES PEAK IMMIGRATION , we continue working diligently to keep families united.
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