The issue of immigration courts being overloaded with applications, with some asylum claims taking years to process. The fact that the procedure may only be used to those who have been.
In the US for two years or less, and that migrants can still file an asylum claim, might impede Trump’s goal of accelerated removal for all illegal immigrants, according to Reuters.
According to The Independent, the court has historically been split on what qualifies as a “invasion,” therefore the Alien Enemies Act may possibly face legal challenges.
Courts found there was no formal criterion for deciding whether a certain number of people constituted a “invasion” when a lawsuit was filed against the federal government.
In the 1990s for allegedly failing to safeguard the state from an inflow of illegal immigrants. The American Civil Liberties Union’s (ACLU) top lawyer,
Lee Gelernt, told Reuters that “desperate families coming to our border to seek refuge do not constitute an invasion by a foreign government within the meaning of the law.”
