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
By 7070266136 April 17, 2025
Recently, several cases have been reported in which the U.S. Department of Homeland Security (DHS) has sent communications to citizens and legal residents, urging them to leave the country or face potential legal action. Among the various cases, one that has drawn particular attention is that of Nicole Micheroni, an immigration attorney born in the U.S., who received an email from DHS dated April 11, informing her that she must leave the country within seven days. The message, titled "Notice of Parole Termination," stated that her parole had been revoked. Although DHS later suggested that the email may have been sent in error due to her email address being associated with clients, the situation reveals a concerning practice. This incident indicates that DHS may be sending intimidating mass emails intended to pressure recipients to leave the country. According to the website Nbcboston , “In a statement, a senior official from the Department of Homeland Security told NBC10 Boston that U.S. Customs and Border Protection (CBP) is issuing parole termination notices to individuals who do not have legal status to remain in the country, and that 'CBP used the known email addresses of the foreign nationals to send the notifications. If a non-personal email was provided—such as one belonging to a U.S. citizen—it’s possible that the notifications were sent to unintended recipients. CBP is monitoring the communications and will address any issues on a case-by-case basis.’” These actions reflect an escalation in immigration policies under the Trump administration, affecting not only immigrants but also U.S. citizens and legal residents. If you need legal assistance or additional information on immigration matters, contact us to schedule an appointment at (719) 602-4477.
By 7070266136 April 9, 2025
Jeanette Vizguerra, a prominent immigrant and labor rights activist in Colorado, was arrested by U.S. Immigration and Customs Enforcement (ICE). She is currently being held in an ICE facility in Aurora, Colorado, awaiting deportation to Mexico. ICE claims that Vizguerra entered the U.S. illegally from Mexico in 1997 and has a final deportation order. However, her legal team challenges the validity of this order, arguing that it was reinstated incorrectly and that she has received due process. A hearing is scheduled for March 28, 2025, in which U.S. District Judge Nina Wang will consider these arguments and decide on her potential release. This arrest is particularly significant, as Vizguerra’s case gained national attention during the previous Trump administration. She became known as an immigrant rights activist after, in 2017, to avoid deportation, she moved into a church basement with her three children. Later, she was named one of Time magazine’s 100 most influential people of 2017. On March 17, Vizguerra was arrested by ICE while on a break from her job at Target (a store that, by the way, has openly declared itself non-protective of immigrants). According to reports, during the arrest, officials told her, "We finally have you." This statement has been interpreted by many as a clear example of persecution toward activists. According to The New York Times, "Her detention has already sparked backlash from Colorado’s Democratic politicians and immigrant rights advocates, who accused the Trump administration of attempting to silence critics of its harsh immigration policies." The New York Times quoted Denver Mayor Mike Johnston, who condemned the arrest of Ms. Vizguerra as "a Putin-style persecution of political dissidents," which ensnared a working-class mother who had dedicated her life to helping other undocumented immigrants. “We don’t see this as immigration law enforcement,” he said in an interview. “This is about targeting political opponents and using the power of the government to punish them.” Colorado Democratic Senator Michael Bennet called Ms. Vizguerra a "pillar of her community" and urged U.S. Immigration and Customs Enforcement officials to release her. An ICE spokesperson confirmed her arrest to The Guardian, stating that Vizguerra was "arrested without incident" on Monday and would "remain in ICE custody pending her deportation from the United States." The spokesperson described Vizguerra as “a convicted criminal alien from Mexico who has a final deportation order issued by a federal immigration judge” and stated that she “illegally entered the United States near El Paso, Texas, on December 24, 1997, and has received due process in a U.S. immigration court.” However, on Tuesday, Vizguerra's attorneys filed a writ of habeas corpus with the court, urging ICE to bring Vizguerra before the court to determine if her detention is legal. “Vizguerra has fought her own deportation since 2009 while advocating for immigrant rights, labor protections, and family unity,” they stated in a release from the Colorado Immigrant Rights Coalition. In conclusion, this particular case draws attention not only because Vizguerra was arrested, but also because it is another concerning case related to activists being repressed for being openly against the policies of the Trump administration. At Pikes Peak Immigration, we continue to fight for immigrant rights. If you have any questions or need advice on immigration matters, don’t hesitate to contact us.
By 7070266136 March 28, 2025
Recently, the Chief Justice of the United States Supreme Court, John Roberts, has had public disagreements with President Donald Trump. The conflict arose after District Judge James E. Boasberg issued an order blocking the deportation of Venezuelans under the Alien Enemies Act of 1798. In response, Trump called Judge Boasberg a "radical left-wing lunatic" and demanded his removal. This request was rejected by Chief Justice Roberts, who emphasized that impeachment is not an appropriate response to disagreements with judicial decisions and stressed the importance of the appeals process. This situation highlights the tensions between the executive and judicial branches, especially when the impartiality or integrity of the judicial system is questioned. The confrontation has been seen as an institutional clash, with the Chief Justice openly opposing the political pressures exerted by former President Trump, reaffirming the importance of judicial independence. As reported by The Wall Street Journal, "Roberts' recent remarks are not the first time he has rebuked politicians for undermining the judiciary. In 2018, after Trump attacked what he called an 'Obama judge' for ruling against him in a separate immigration case, Roberts issued a statement defending the courts." "We don’t have Obama judges or Trump judges, Bush judges or Clinton judges," Roberts said at the time. "What we have is an extraordinary group of dedicated judges who make their best efforts to dispense fair justice to those who appear before them." To this, Trump responded: "Sorry, Chief Justice John Roberts, but you do in fact have ‘Obama judges,’ and they have a very different point of view from the people responsible for the safety of our country." As The Wall Street Journal explains in one of its articles: "Threats of impeachment against district judges over preliminary orders issued at the start of litigation are virtually unheard of—and even less so when coming from the president. To remove a judge, the House would have to approve articles of impeachment, and the Senate, after a trial, would need to convict by a two-thirds vote. Although the likelihood of this happening is low, Roberts and other judges have warned that the inflammatory rhetoric of political leaders can lead to the intimidation of judges and even threats to their safety and that of their families." Meanwhile, the court of appeals has not made any decision regarding the removal of Boasberg, and he continues to carry out his duties, such as requesting more information from the government about recent deportation flights. The government continues to evade this request, providing little information while vehemently insisting on Boasberg's removal. If you have any questions about how this could affect your immigration case, please don't hesitate to contact us.
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