On December 19, 2024, the Brennan Center for Justice submitted written testimony for inclusion in the record of the Senate Judiciary Committee’s December 10, 2024 hearing titled “How Mass Deportations Will Separate American Families, Harm Our Armed Forces, and Devastate Our Economy.” The Brennan Center’s written testimony offers a legal perspective, highlighting the statutory authorities that President-elect Donald Trump might invoke to involve military personnel in the detention and deportation of immigrants. The statement underscores the urgent need for congressional action to safeguard against abuses, arguing that Congress should codify the various implied constraints on these authorities, amend the text where necessary to comport with the underlying intent, ensure that both Congress and the courts can serve as checks against presidential overreach, and repeal laws such as the Alien Enemies Act outright.
Brennan Center Statement for 12–10–24 SJC Hearing – Final by The Brennan Center for Justice on Scribd
