Trump's Deportations Are Legal
The courts are acting as a de facto Kritarchy - that is, judicial tyranny as an impediment to legitimate Presidential actions.
From the article Deep Dive: Why Trump’s Deportations Are Legal, Constitutional, and Long Overdue, by Rod D. Martin, 21 April 2025:
Deportation isn’t dictatorial. It’s required. And Due Process means only the process that’s actually due...
1. The U.S. Belongs to Its Citizens - Not the World
The United States is... a nation, with citizens, and borders... And they exist not to exclude the world arbitrarily, but to protect the people who live within them...
No one has a right to be here unless our law expressly says they do. There is no constitutional doctrine that transforms trespass into entitlement...
And the law - federal, constitutional, and longstanding - is clear: those unlawfully present in the United States must be removed. Not may. Must. The Immigration and Nationality Act (INA), passed and repeatedly reaffirmed by Congress, lays out mandatory procedures for identifying, detaining, and deporting those who enter or remain here illegally...
2. The Constitution: Sovereignty and Plenary Power Over Immigration
... At its core, immigration is a sovereignty issue, and under the Constitution of the United States, sovereignty belongs exclusively to the American people, whose interests it must protect...
Over time, the Supreme Court developed what is now known as the plenary power doctrine — the principle that immigration and deportation are core sovereign functions, inherently political, and largely immune from judicial second-guessing...
3. Due Process Is Only the Process That’s Due - and That’s Often Minimal...
In fact, presence alone - when unauthorized - is grounds for immediate removal under the law...
The courts are not the mandatory venue for removal. They are the exception...
4. Federal Law Doesn’t Just Permit Deportation: It Requires It...
The modern legal framework for immigration enforcement is built on the Immigration and Nationality Act (INA), first enacted in 1952 and amended repeatedly by Congress. It is not ambiguous... It commands...
The federal government has the authority - and more than that, the obligation - to remove aliens who violate its immigration laws...
5. The Alien Enemies Act and the Military Infiltration of the Southern Border...
The statute requires no trial. No hearing. No judge. It is triggered by a presidential finding - a proclamation - that certain foreign nationals or organizations are acting in concert with hostile regimes. Once that determination is made, removal becomes immediate and mandatory.
This authority belongs to the President alone. The Supreme Court has ruled - in Ludecke v. Watkins (1948), Kleindienst v. Mandel (1972), and Trump v. Hawaii (2018) - that the determination of whether a foreign power or its agents pose a threat is a “nonjusticiable political question.”...
6. Biden’s Subversion - Deliberate Nullification of Immigration Law
... The goal was clear: to flood the country with illegal aliens, dismantle enforcement structures from within, and transform the demography and political landscape of the United States in the process....
7. The System Cannot Handle 20 Million Trials - and Was Never Meant To...
... the Immigration and Nationality Act created expedited removal for border crossers (§1225), reinstatement of prior removal orders (§1231), and administrative removal for criminal aliens (§1228)...
The courts have affirmed all of this...
8. Precedent - Trump’s Plan Is Completely Consistent With Those of Past Presidents...
9. Conclusion: The Real Constitutional Crisis
The real constitutional crisis is not what Trump has proposed to do. It is what Joe Biden already did: refuse to enforce the law...
It was a coordinated campaign to erase immigration law from the inside out, to remake the electorate from the outside in...
The President is not forbidden to enforce the law. He is required to...
Related
Trump Is Right To Push Back Against Judicial Supremacy:
A federal judge has no power to usurp Executive Branch authority or dictate foreign policy to the president...
For too long, we have accepted without question the fallacious notion that the federal judiciary has the exclusive power of constitutional interpretation, and that the states and the other branches of the federal government are bound to accept whatever the courts decide. This myth of “judicial supremacy” has thrown the constitutional system devised by our Founders out of balance, and it needs to be rejected...
The Cloward-Piven strategy - fundamentally transforming America
