Columbia Standard

U.S. Senate Democratic Whip Dick Durbin, alongside other Democratic immigration leaders, has challenged the constitutional basis of President Trump's recent "invasion" proclamation regarding immigration policy. The lawmakers argue that this declaration is an attempt to bypass domestic immigration laws.

In a letter addressed to the President, they state: “Since you came into office, you have attempted to expand the scope of presidential power beyond that which is permitted by the United States Constitution and applicable federal laws. This Proclamation is no different.”

The legislators criticize what they see as attempts to use emergency powers unjustifiably. They write: “These statements, and your Proclamation, appear to be a part of a larger attempt to invoke any available authority—including extraordinary wartime, public health, and counterterrorism authorities—to circumvent domestic immigration laws and the U.S. Constitution, without factual or legal basis."

They challenge Trump's interpretation of "invasion," noting: “As a legal matter, migration is not an invasion.’ As courts have consistently held, an ‘invasion’ under the Constitution requires ‘armed hostility from another political entity."

Furthermore, they reject the idea that Trump can override congressional laws on immigration: “[T]he idea that the president has broad inherent power over immigration that allows him to override duly-enacted laws is unfounded and damaging.”

The letter concludes with a plea for bipartisan cooperation on immigration reform: “We call on you to rescind your Proclamation and work with Congress to pass much-needed, overdue bipartisan immigration reform that respects immigrants’ dignity and the rule of law.”

This letter was signed by several key figures in Congress including Senator Alex Padilla (D-CA), Representative Jamie Raskin (D-MD-08), and Representative Pramila Jayapal (D-WA-07).