The courts are going to review the constitutionality of government functions. But on foreign policy, the courts last longer than the Congress for the President.
The Supreme Court has rarely ruled on the questions of foreign policy since then. When this happens, it almost always supports the President against anyone who challenges his right to formulate a foreign policy, including the Congress.
A federal judge recently complained that the Trump administration ignored its order blocking the exile flights of the alleged Venezuela gang members of Al Salvador. Trump called for the 1798 Alien Enemy Act to deport the people of Venezuela, even though there is no criminal record of some. And Secretary of State Marco Rubio It was argued that exile was a “foreign policy case”, and “we could not have judges running foreign policy”.
Rubio’s comment is also a possible preview of arguments when Trump’s lawyers will be made when cases about immigration reach the Supreme Court.
Similarly, the Trump administration is relying on the immigration and Nationality Act of 1952 to deport the protesters who have not committed any crime. This law allows the state’s secretary to deport non-citizens if their presence in the US is “potentially serious foreign policy results”.
Exile under both acts is going to face legal challenges. But the Trump administration is betting that the Supreme Court will favor Trump, given that its orthodox members generally have a detailed approach to executive power.
A Supreme Court win will be a major political victory for Trump. This will encourage him to use exile as a political weapon and to focus even more on justifying foreign policy for suspected acts.
