President Trump has invoked the Alien Enemies Act of 1798, a wartime authority, to summarily deport suspected members of a Venezuelan gang. He also invoked a Cold War-era statute to deport a student activist at Columbia University. In this episode, Adam Cox of New York University and Ilya Somin of George Mason University join to discuss the scope of the president’s deportation power and to evaluate whether the administration violated the due process or speech rights of the deportees.
Please follow We the People and Live at the National Constitution Center on Apple Podcasts, Spotify, or your favorite podcast app.
This episode was produced by Samson Mostashari and Bill Pollock. It was engineered by Bill Pollock. Research was provided by Yara Daraiseh, Gyuha Lee, Samson Mostashari, and Cooper Smith.
Participants
Adam Cox is the Robert A. Kindler Professor of Law at New York University School of Law, where he teaches and writes about immigration law, constitutional law, and democracy. Adam’s book is The President and Immigration Law, which he published in 2020 with coauthor Cristina Rodríguez. Adam graduated summa cum laude from the University of Michigan Law School and clerked for Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit.
Ilya Somin is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom. Ilya writes for the Volokh Conspiracy blog at Reason Magazine. Ilya holds a BA from Amherst College, an MA in Political Science from Harvard University, and a JD from Yale Law School.
Jeffrey Rosen is the president and CEO of the National Constitution Center. Rosen is also a professor of law at The George Washington University Law School and a contributing editor of The Atlantic. His most recent book is The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America.
Additional Resources
- Adam Cox and Cristina Rodríguez, The President and Immigration Law (2020)
- Ilya Somin, Free to Move: Foot Voting, Migration, and Political Freedom (2021)
- Adam Cox and Ahilan Arulanantham, “Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s),” Just Security (March 12, 2025)
- Ilya Somin, “The Case Against Deporting Immigrants for ‘Pro-Terrorist’ Speech,” Volokh Conspiracy (March 10, 2025)
- Ilya Somin, “What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications,” Just Security (January 28, 2025)
- Adam Cox, “The Invention of Immigration Exceptionalism,” Yale Law Review (November 2024)
- Bridges v. Wixon (1945)
- Harisiades v. Shaughnessy (1952)
Stay Connected and Learn More:
- Questions or comments about the show? Email us at [email protected]
- Continue the conversation by following us on social media @ConstitutionCtr.
- Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.
- Follow, rate, and review wherever you listen.
- Join us for an upcoming live program or watch recordings on YouTube.
- Support our important work.
