Immigration and Election Legal Updates

Transcript

Immigration and Election Legal Updates

Amicus: A Law Review · Sat Apr 12, 2025

Welcome to Amicus, a law review with Jim Santel, Civic Media's weekly review and discussion of some of the most significant new stories in the areas of law, government, courts, and the aspiration for justice.

And now, here's your host, Jim Santel.

this is amicus a law review on the broadcast stations of civic media I am as always honored and delighted that you have chosen to spend some time of this

weekend in discussion, in conversation, in communication with me and my terrific producer Max on the major issues of our week, our day, our month, our years together here in the United States of America, and on the face of this planet, all of those issues, all of those events, focusing upon justice related issues, rule of law related matters, developments inside government and outside of government as well.

And boy, do

We have a lot of news items and commentary to discuss this weekend.

As always, you, you can be a part of that discussion, that engagement by sending to Max or to me, your question, your inquiry, your observation, your comment about anything on our as always aggressive but achievable syllabus.

That phone number is 855-752-4842.

That number once again, 855-752-4842.

for two, the broadcast stations of Civic Media.

Also, you can drop a line, drop a note to us in the chat box, Civic Media, be a part of our discussion.

We will be certain to get to those during the course of our two hour program this weekend here on Amicus, all our of you, Amicus as always taking our name, taking our mission from this Latin term, this legal term that means friend, friend of the court, Amicus Curie, hopefully providing you as our friends out.

there in the community across partisan divides across political perspectives on the things that are going on in our nation in our state and in our world providing information insight.

We spend a lot of time talking about civics on this broadcast and today will be no exception to that rule as well.

Let me tell you a little bit about the things that we've got planned for you this hour and next hour as well.

Again, inviting your participation in our syllabus, our agenda.

for our discussion.

We are necessarily, once again, looking to the Supreme Court, that palace that sits across the parking lot from the Capitol building in Washington, D.C., constructed in 1935, and even long before that, of course, the place that announces the principal issues, the principal resolutions of major issues in our nation.

No exception to that in recent weeks, months, years, and even decades, as the Supreme Court continues to pick up on what one of our first Chief Justices said, that is that it is decidedly, it is most markedly, the province, and it is the responsibility of the courts to tell us what the law is.

That's not explicitly in the Constitution, but it sure is in the Federalist Papers, and it certainly does animate an awful lot of what our founding fathers intended when it comes

comes to understanding the three branches of government and the checks and balances that exist between the judiciary on the one hand, the capital, the representatives in the House of Representatives, our senators in the Congress, and of course in the executive branch at the far end of Pennsylvania Avenue and beyond, there in the White House, executive agencies and beyond.

Those of course, as you well know, those are the three branches of our government federal system, also state system,

also reflections of that tripartite notion of government in our local and our county governments as well.

Why do I raise that again at the top of our two hour program this weekend because

Boy, does it animate an awful lot of what happened just this past week when it comes to decisions being made by the executive branch, being reviewed by judges and judicial branch, and yes, as always, as always, the legislative branch intended unmistakably to be the big muscular entity inside our government.

not completely silent, but certainly in terms of legislation on these major issues, not hearing a lot from our legislators when it comes to these major disputes and non-disputes between the executive branch and members of the judiciary.

We're going to spend a lot of time

Talking about the United States Supreme Court because once again many decisions this past week in recent days that animate that animate our understanding of the ways in which our government works and those necessarily

Focus a lot upon international matters.

You know what they are.

You've been attentive to the news stories of the past several weeks and days and even hours.

Many of them, if not all of them, focus on immigration and immigration issues writ large, meaning lots and lots of invocations of immigration issues for many human beings here in the United States.

Some of them plainly no longer here in our nation.

And then some very particular individuals, you know,

their names are as well a brago Garcia that is a name we will talk about a lot during our broadcast and also Mahmood Khalil who has gotten a hearing not in front of the Supreme Court this past week but in front of an immigration judge we'll talk about where those immigration judges are located inside our department of justice and yes that is indeed where they are situated we'll talk about the impact of a decision made just recently by an immigration judge not the final word

when it comes to that Columbia student, not the final word, when it comes to Mr. Abrego Garcia, who is this 15-year resident of the United States of America, his family, citizens of the United States of America, Mr. Abrego Garcia, as you know well, still presumably in that high-security, brutal prison in El Salvador, to which we transported him, along with somewhere around 200 and 250 others on March 15th.

They remain there the United States Supreme Court just this past week issuing a number of decisions that in many ways support but also clip the tails a bit of the Administration when it comes to these immigration issues will talk about all of that Venezuelan migrants immigrants once again looming large will talk about the consequences of one of those decisions some district court judges already taking up the invitation of the Supreme Court to grant

do process, do process, do an owing to every person who's geographically here in the United States, whether you're a citizen or not, a couple of courts in Texas or New York will talk about them.

What are they doing in the wake of the Supreme Court's decision that says that indeed the Trump administration can use this thing called the Alien Enemies Act to deport people.

and a time of war in a time of not just controversy, but a time when alien enemies are presumably opposing a threat to our nation.

We'll talk about what the Supreme Court said, what those district courts are doing, and then we necessarily have to talk once again about the Supreme Court, the oral arguments we recall from our broadcasts of recent weeks.

We've spent some time chatting about

the recent very important oral arguments before the Supreme Court on a number of different areas.

We have yet to tell you more about what happened in a clean air act case of recent date and also a case involving something called the non delegation doctrine having to do with the internet access and the federal laws that maybe enhance or prohibit the provision of internet services throughout our nation.

We'll talk about what all of that means in connection with recent

oral arguments of the Supreme Court.

Finally, on this very ambitious, but again, achievable agenda, this ambitious syllabus, we necessarily need to talk about something else that our president did just this past week.

Once again, not only erasing, crossing a line that has not been crossed before with some perhaps notable exceptions in the past that resulted in bad things for our nation.

This president once again crossing that line and basically telling the United States Department of Justice that it needs to open up files.

It needs to open up a file with respect to a former employee on the payroll of the White House in the first term.

Another one who also apparently ran a foul of the current president's views about the world, sending information to another agency indicating that that person should likewise be looked at to determine whether he

has violated the federal criminal laws, whether he is treasonous in his past behavior, that kind of behavior, which, again, animates this president plainly, this is the retribution about which he spoke during the course of his campaign.

It was brought to life, loudly, clearly, unmistakably, this past week when Donald Trump

not only identified these two individuals for the opening of files inside our Department of Justice, inside other agencies of our government, and instructing members of his staff, of his administration to look at these people.

That is a line that is line crossing that arms length relationship that I've spoken about so much on this and other broadcasts that needs necessarily to exist to ensure that the president and the Appropriate political and partisan views that he perhaps one day she has do not infiltrate do not affect the prosecution decisions of the prosecutors mainly assistant United States attorneys

deputy administrators inside the Department of Justice, the litigating trial attorneys inside Maine Justice, whose role, whose oath commands them to do what?

to engage in a review of the facts and determine whether or not under the existing law, reasonable, rational interpretations of that law established by the Congress, whether there is reason to believe that there is probable cause that a crime has existed.

That inquiry, that's what's animated the Department of Justice for well over 200 years.

That is what the President of the United States of America just this past week crossed.

And setting up the possibility that others down the road will likewise

be referred by him to agencies, including the Department of Justice, others in the administration for retributive action and action that is plainly promoting the president's own view that these people

His foes, his enemies, as he has sometimes described them, should in fact be on the receiving end of at least investigations and perhaps even criminal prosecutions, all of that happening this past weekend.

We are going to get to that, all of that here on Amicus Law Review here on the broadcast stations of Civic Media.

Once again, that number is 855-752-4842.

Yes, indeed, it is a lot.

It's a lot to consume, a lot.

happening in the area that we need necessarily to understand to appreciate and again to digest and assess as all of us should when it comes to the future of our nation and the understanding about not just how civics work but also how our government works and how it should work and once again the all-important notion of separation of powers.

the balance of powers, the notion that each one of them checks and balances the others.

What are the consequences when that doesn't happen?

What are the consequences to the Republic, as Benjamin Franklin said, if you can keep it?

Let's begin in the last moments of this first segment to identify exactly what the Supreme Court did just on Monday.

indicating that the administration can in fact continue to deport Venezuelan immigrants using that wartime peace power, that war power, that again has been much the subject of review and analysis by the federal district courts in recent days when we come back.

We'll talk about that major decision under the Alien Enemies Act issued by the Supreme Court and the footnote to it that's all important as Amicus, a law review, continues.