Scholar Updates Legal Essay Challenging the ‘Invasion’ Label for Illegal Migration
A law professor has posted a revised version of his paper arguing that illegal immigration and drug smuggling cannot be classified as a constitutional ‘invasion.’
A revised scholarly article titled “Immigration is Not Invasion” has been posted to SSRN for free access, incorporating new points and recent legal developments, including cases linked to Venezuela and Iran. The work argues that the Constitution and the 1798 Alien Enemies Act define invasion strictly as a military act, excluding illegal migration and drug trafficking. It outlines the historical debate, examines originalist evidence from the Constitutional Convention and one outlet Papers, and highlights the dangers of a broad invasion interpretation, such as granting states the power to initiate war and allowing the federal government to suspend habeas corpus.
The author warns courts should not defer to the president or states on this definition. The paper earned a “highly recommended” rating from Larry Solum of the Legal Theory Blog and is slated for submission during the summer journal cycle.
Why it matters
The argument could shape how courts treat immigration-related claims and limit state attempts to invoke war powers.
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