Trump’s intention to resort to centuries-old laws to achieve his goals

January 8, 2025
An american flag and a judge 's gavel on a wooden table.

President-elect Donald Trump is planning to use ancient laws and legal theories to push his agenda during his first year in office, particularly on issues such as immigration and birthright citizenship. According to CNN, Trump has expressed his intention to invoke a 1798 law to accelerate deportations and has suggested the possibility of using a law tied to the Whiskey Rebellion of 1794 to deploy the military on U.S. soil.

Immigration is not the only issue on Trump’s mind. Some of his allies, including Vice President-elect JD Vance, have proposed enforcing an 1873 chastity law, known as the Comstock Act, to prohibit mailing abortion drugs. However, Trump has stated that he does not plan, in principle, to use this law to restrict access to abortion drugs, although he has left open the possibility that this may change in the future, as reported by CNN.

Trump has framed these laws as a way to return to times of greater political power in the United States, suggesting that he could use the same powers granted by presidents like John Adams and Thomas Jefferson to confront what he has called the «enemy from within» and carry out mass deportations of undocumented immigrants. CNN explains that some of the laws Trump is considering have complicated histories, which could lead to confrontations with a 6-3 conservative Supreme Court that will closely monitor the actions of the new president.

For example, the Alien Enemies Act of 1798, which Trump has specifically mentioned during his campaign, allows the federal government to expedite deportations of citizens from «hostile nations» during wartime. This law was last used during World War II to intern Japanese citizens, an act that was upheld by the Supreme Court in a controversial 1944 decision, as noted by CNN.

According to CNN, in an interview earlier in 2024 with Time magazine, Trump spoke about using the military or the National Guard to assist with the deportation of millions of undocumented immigrants.

The current version of the law was last invoked by President George H. W. Bush during the 1992 Los Angeles riots that followed the acquittal of four white police officers for the beating of Rodney King.

Revisiting Birthright Citizenship

Another issue Trump has mentioned is his interest in reopening the long-standing debate over birthright citizenship, which has been law since the Supreme Court ruled in 1898 that people born on U.S. soil are citizens, even if their parents are not.

The president-elect has long criticized birthright citizenship, which is protected by the 14th Amendment.

Still, his allies are considering directing the State Department to deny passports to children of undocumented parents and tightening the requirements for tourist visas to end «birth tourism,» sources familiar with the planning told CNN in December. Denying passports to U.S.-born individuals would trigger immediate lawsuits.

However, history is believed to work against Trump in this case.

At Pikes Peak Immigration, we will continue to monitor what happens regarding immigration once Trump takes office, and we will keep fighting for the rights of immigrants, no matter the circumstances.

If you have questions or need legal advice, call us at 719-602-4477.

 

Trump’s intention to resort to centuries-old laws to achieve his goals

Arrests of undocumented immigrants outside immigration courts have increased.

By 7070266136 • May 29, 2025
According to sources such as Newbreak, several specific cases have emerged where a judge dismisses the case during the hearing, but ICE officers are waiting outside the courthouse to detain the individual as they leave. Newbreak.com recently reported that at least eight arrests of this kind have taken place in Memphis, with similar cases occurring in other parts of the country as well. One of the most recent known cases involved a 20-year-old Venezuelan student who was arrested by ICE officers after leaving a courtroom in New York. The young man, named Dylan, was in the process of applying for asylum. He attended the hearing with his mother, without a lawyer, believing it was a routine appearance that would have no consequences. In another instance, four asylum seekers were arrested by ICE on May 27, 2025, at the San Francisco Immigration Court while attending hearings to present their asylum applications. According to an article published by La Nación, a New York judge reported that ICE agents have been arresting undocumented immigrants inside state courthouses, despite existing laws that prohibit such practices. These arrests have raised serious concerns among civil rights advocates and immigrant communities, particularly in light of the stricter immigration policies implemented since Donald Trump returned to the presidency in January 2025. Importantly, in most of these cases, the individuals arrested attended their hearings without legal representation. This likely contributes to the effectiveness of these arrests, as ICE may be taking advantage of the detainees’ lack of legal knowledge. While having an attorney present does not guarantee protection from arrest, it is considered a significant advantage. Legal representation can help build a stronger case and present more compelling legal arguments to prevent arbitrary detention. At Pikes Peak Immigration, we continue to fight for the rights of our immigrant communities. If you need legal guidance, don’t hesitate to contact us at 719-602-4477.

Justice Department Fired Attorney Who Opposed the Erroneous Deportation of an Immigrant

By 7070266136 • May 9, 2025
On April 15, 2025, the U.S. Department of Justice fired immigration attorney Erez Reuveni following his handling of the case of Kilmar Abrego García, a Salvadoran man who was mistakenly deported to El Salvador. Reuveni had acknowledged during a court hearing that the deportation was an "administrative error" and expressed frustration over the government's failure to provide clear answers on how to reverse the situation. According to CNN, “Reuveni was initially placed on administrative leave days after expressing frustration over the government's inability to provide answers to a judge’s questions in the case. In court, he said of the government’s position: ‘Our only arguments are jurisdictional... He should not have been sent to El Salvador.’” His dismissal was interpreted as a consequence of failing to fully support the administration’s official position. Attorney General Pam Bondi defended the decision, stating that lawyers must “zealously” advocate for the administration’s policies or face consequences. Presidential advisor Stephen Miller downplayed the error, blaming it on a poorly worded line written by the attorney. However, Reuveni’s case is not an isolated incident. According to NBC Boston, “The U.S. Department of Justice has fired more than two dozen employees, most of whom worked in immigration courts... An immigration judge assigned to Massachusetts, who was fired on Friday, and the union representing immigration judges nationwide are speaking out about the dismissals, which come as President Donald Trump moves swiftly to reduce the federal workforce.” As for Kilmar Abrego, “a federal judge ordered his return to the U.S., but the U.S. Supreme Court temporarily blocked the order. The president of El Salvador, Nayib Bukele, refused to facilitate his return, labeling him a ‘terrorist’ and claiming he would not ‘traffic a terrorist back into the U.S.,’” El Salvador News recently reported. Despite intimidation and increasingly harsh immigration policies, at Pikes Peak Immigration, we continue to defend immigrants and pursue every solution to keep families together.

The Department of Justice granted DOGE access to confidential immigration information.

By 7070266136 • April 25, 2025
According to documents reviewed by The Washington Post , the Department of Justice (DOJ) recently authorized access for approximately six advisors from the Department of Government Efficiency (DOGE) to the ECAS system—a highly confidential database that contains detailed information on millions of immigrants, including names, addresses, medical histories, and court testimonies. This system, typically restricted to attorneys and federal investigators, holds records of all interactions—both legal and undocumented—between immigrants and the U.S. government dating back to the 1990s. Among the DOGE advisors granted access are individuals connected to Elon Musk, including employees from his private equity firm. One of them, Marko Elez, has previously been linked to racist social media posts. This access was granted despite a federal judge in Maryland issuing a temporary restraining order in February of this year against the Department of Education and the Office of Personnel Management (OPM). In her opinion, the judge stated that the plaintiffs—which include members of several major labor unions—demonstrated that the Department of Education and the OPM "likely violated the Privacy Act by disclosing personal information to DOGE affiliates without consent," as reported by Telemundo40 a few months ago. The access is part of a broader effort by the Trump administration and DOGE to collect data from multiple federal agencies—including Medicare, the IRS, the SSA, and HUD—with the aim of ramping up deportations and excluding immigrants from social benefits. Some tactics reportedly include declaring living immigrants as deceased to pressure them into leaving the country. As The Washington Post reported after investigating the matter, "DOGE has frequently sought data originally provided for specific purposes—such as tax filing or housing assistance. The team's methods have alarmed legal and privacy experts, as well as federal employees, who note that the data DOGE is analyzing is typically accessible only to a select group of highly trained personnel." Legal and privacy experts have raised serious concerns over the lack of oversight and the risks posed by granting access to such sensitive data—especially for immigrants who have followed legal immigration procedures. If you are an immigrant or know someone at risk of deportation, contact us for assistance at 719-602-4477.
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