The Supreme Court Should Reset the Debate on Immigration Enforcement

Trump must honor due process in his deportation push, but judges don’t get to make up their own requirements either.

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Supreme Court building in Washington, D.C., June 17, 2024.

Evelyn Hockstein/Reuters

Ihave warned a number of times (see, e.g., here, here, here, here, and here) that the edgy, and occasionally illegal, steps the Trump administration is taking in its push to deport illegal aliens have had the unintended consequence of inviting federal district judges back into an immigration-enforcement thicket from which Congress directed that they be excluded.

This is now a profound problem for the administration. Of the 677 district judgeships Congress has authorized throughout the country, two-thirds of them (about 455 judges) were appointed by Presidents Obama and Biden. Those appointees are almost uniformly activist progressives who have few if any qualms about rewriting removal statutes to make them more alien-friendly.

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