Trump’s Mass Deportation Plan Has One Major Vulnerability

Anjum Gupta, David Noll, Slate, Dec. 3, 2024

"... Although groups like the ACLU will challenge the expanded use of expedited removal, don’t look to the courts for a quick remedy. IIRIRA strips the courts of jurisdiction to hear challenges to many immigration policies. And even if the courts reach the merits of those cases, the administration has the power of unilateral action: As it did during Trump’s first term, it can change the rules, restart deportations in a slightly different way, and force lawyers and courts to play catch-up as planes full of deportees depart the U.S. Perhaps the most relevant precedent for the situation the nation faces is the battle over the Muslim ban Trump put in place at the beginning of his first administration; that policy threw the border into chaos and was repeatedly halted before the Supreme Court allowed a cleaned-up, watered-down version to take effect. That experience teaches that the key to resisting mass deportation will be to slow the program’s momentum to allow Congress, the courts, civil society, and the business community to push back. ..."

"Anjum Gupta is the Director of the Immigrant Rights Clinic at Rutgers Law and teaches non-clinical courses in refugee law and professional responsibility. She writes in the areas of refugee law, and her articles have appeared in the Indiana Law Journal, Colorado Law Review, Georgetown Immigration Law Journal, and Columbia Human Rights Law Review. She is the law school's Judge Chester J. Straub Scholar. David Noll is a scholar of legal institutions and procedure at Rutgers Law. He teaches and writes in the fields of civil procedure, complex litigation, legislation and regulation, administrative law, and constitutional law."