Federal Judge Orders Trump Administration Not to Detain or Deport Another Columbia Student

During the initial days of the Mahmoud Khalil saga, I observed that the key question in the dispute over the government’s effort to deport a lawful permanent resident alien (i.e., a green card holder) is who decides?

That is, the Trump administration is relying on Section 1227(a)(4)(C) of the immigration law, which authorizes the government to deport an alien — including a lawful permanent resident (LPR), the highest category of legal alien — if “the Secretary of State has reasonable ground to believe” the alien’s presence or activities “would have potentially serious adverse foreign policy consequences for the United States.” So, the question is: Does the Secretary of State unilaterally make this decision, on the theory that the executive branch has the constitutional responsibility to conduct foreign policy and expertise regarding adverse consequences to that mission? Or does the court make the decision, on the theory that the statute requires the secretary’s decision to be supported by reasonable grounds, thereby inviting the judge to decide whether the executive branch’s decision is reasonable?

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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During the initial days of the Mahmoud Khalil saga, I observed that the key question in the dispute over the government’s effort to deport a lawful permanent resident alien (i.e., a green card holder) is who decides?

That is, the Trump administration is relying on Section 1227(a)(4)(C) of the immigration law, which authorizes the government to deport an alien — including a lawful permanent resident (LPR), the highest category of legal alien — if “the Secretary of State has reasonable ground to believe” the alien’s presence or activities “would have potentially serious adverse foreign policy consequences for the United States.” So, the question is: Does the Secretary of State unilaterally make this decision, on the theory that the executive branch has the constitutional responsibility to conduct foreign policy and expertise regarding adverse consequences to that mission? Or does the court make the decision, on the theory that the statute requires the secretary’s decision to be supported by reasonable grounds, thereby inviting the judge to decide whether the executive branch’s decision is reasonable?

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.