Trumps Sister declared immigration law that he used unconstitutional

Donald Trump speaks to journalists from the office resolved after having signed a decree in January … [+] 30, 2025. In a historical turn, Donald Trumps Sister was the federal judge who deemed unconstitutional the immigration law that the Trump administration uses to expel a pro-Palestinian protester. (Photo of Chip Somodevilla / Getty Images)

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In a historical turn, Donald Trumps Sister was the federal judge who deemed unconstitutional the immigration law that the Trump administration uses to expel a pro-Palestinian protester. In 1996, American district judge Maryanne Trump Barry wrote an opinion that declared unconstitutional the part of the American immigration law that Donald Trump had promised to continue to use to expel the demonstrators. The current affair made the headlines and will test the Trump Administrations Immigration Authority.

An immigration case that echoes today's controversies

On March 8, 2025, immigration and customs application arrested Mahmoud Khalil, a legal permanent resident and a pro-Palestinian demonstrator who graduated in December from the University of Columbia. The controversy over the arrest surrounded the Trump administration using an immigration law provision which allows expulsion if the Secretary of State considers that a presence or activities of foreigners would have early foreign policy consequences potentially serious for the United States.

In 1995, Secretary of State Warren Christopher used the same authority during the attempted expulsion Ruiz Massieu in Mexico. As presented by the court documents, the circumstances in this case were very different from the arrest of Mahmoud Khalil.

In September 1994, Ruiz Massieus Brother, an eminent member of PRI, a party to Mexico power, was murdered. As an assistant prosecutor, Ruiz Massieu investigated and identified a PRI official, Manuel Munoz Rocha, as the main conspirator in his killing brothers. Rocha was protected, first by official immunity and later by disappearing before an interview could be conducted. At the end of November 1994, Massieu resigned in a public speech and then published a book criticizing the PRI.

After Mexican officials asked for his arrest, he entered the United States legally as a visitor (he owned a property in Texas) and flew to Spain with a stopover at Newark airport. In Newark, he was arrested for declaring that $ 18,000 out of the $ 44,322 in cash with him. Although the offense of the declaration has been abandoned, the Mexican government accused it of crimes against the administration of justice and asked for its extradition.

The American government has failed four times to convince a judge that Massieu should be extradited to Mexico. The Mexican government has shown that Massieu had $ 9 million on a bank account in Houston but could not prove that it had been illegally obtained.

It was then given that this case took a turn to the real Kafkaesque, wrote the American district judge Maryanne Trump Barry, Donald Trumps Sister. She notes that the immigration and naturalization service has placed Massieu in detention. He was ordered to show why he should not be expelled because the Secretary of State decided. . . In the United States, there is a reasonable reason to believe that your presence or your activities would potentially seriously seriously have serious consequences of foreign policy for the United States. (I underline.) In 1996, the provision was article 241 (a) (4) (c) (i) of the Immigration and Nationality Act, but it was then redesigned article 237 (a) (4) (c) (i) because of other changes in INA. The language of the two designations is identical.

Judge Maryanne Trump Barrys Opinion on the Immigration Act

On February 28, 1996, American district judge Maryanne Trump Barry issued an opinion declaring unconstitutional the provision of immigration and nationality now used in the expulsion of Mahmoud Khalil. He is detained in a detention center in Louisiana.

Despite the political branches close to the plenary power over the extraterrestrials, this power is circumscribed by the constitutional constraints imposed on the exercise of any government authority, wrote the judge in his opinion in Massieu v. Reno. It is a fundamental principle of the law in this area that the fifth and fourteenth amendments protect foreigners from deprivation of life, freedom and goods without regular procedure. Lawyers have today used a similar language to challenge the immigration policies of his brothers.

Maryanne Trump Barry provided three reasons for which it was unconstitutional to allow the government to expel a person on the basis of the Secretary of State declaring that the presence or activities of people would potentially have the unfavorable consequences of foreign policy for the United States.

First, the provision was unconstitutional as part of the comedy's empty doctrine. It cited a previous decision of the Supreme Court which noted, living in a rule of law implies various assumptions, all persons of which have the right to be informed as to the State commands and prohibited.

The judge quoted the provision of immigration and wrote, he simply cannot be disputed, and indeed the government does not do so, that the law does not provide absolutely no opinion to foreigners with regard to what is required under the law. Simply indicated, it does not contain any standard to determine what a suspect must do to meet his requirements. (She cited Kolender, 461 US at 358, 103 S.CT. at 1858.)

Second, the judge wrote that the status also deprives foreigners such as the applicant of the regular procedure by refusing them a significant opportunity to be heard. In his opinion, the American district judge Barry said the question. . . is to know if an extraterrestrial who is in this country can legally, simply because it is here, has its freedom retained and to be withdrawn from a country specific to the unhindered discretion of the Secretary of State and without any significant opportunity to be heard. The answer is a no ringtone.

Thirdly, the judge wrote that the status represented an unconstitutional delegation of the authority of the Congress to the executive power, giving the Secretary of State the unlimited authority in this area. Here, the government has offered no way to limit the authority of the secretary. . . In reference to text, related laws, legislative history or common understanding, according to the judge of the American district Maryanne Trump Barry. This Court cannot conceive of a means of judging the discretionary power granted to the Secretary in order to impose a recognized standard for the secretary who is noted.

This court concludes that by leaving determinations of deportability to the completely unsuccess and non -revisable discretion of the Secretary of State, 241 (a) (4) (c) (i) of the in [later redesignated 237(a)(4)(C)(i)] Represents an unconstitutional delegation of the legislative power by which the congress eliminated the function of revision of the judiciary required while abdicating its judicial responsibilities in favor of the discretionary power of the executive without standard, wrote the judge.

Donald Trump, Maryanne Trump and Robert Trump when Donald Trump's Casino Taj Mahal on … [+] April 5, 1990. (Photo of the Ron Galella / Ron Galella collection via Getty Images)

Ron Galella collection via Getty Images An epilogue and the current immigration case of Mahmoud Khalil

In September 1999, Ruiz Massieu committed suicide after four years of house arrest. His death occurred two days before an indictment for money laundering. His wife and authorities said he died of an overdose of antidepressants, derailing a trial that was likely to touch the highest ladder of power in Mexico and get more tangled from American-Mexican relations, Newsweek reported.

Maryanne Trump Barry retired from the federal bench in 2019. She died in November 2023. In July 1996, the American Court of Appeal for the third circuit canceled her decision in Massieu v. Reno for technical reasons unrelated to its constitutional arguments. We do not arrive the merits of constitutional questions decided by the district court, wrote Samuel Alito, now a judge of the Supreme Court. Instead, we believe that the district lacked competence to entertain the applicant's claims. . . . If the applicant wanted to contest the efforts to expel him, he had to exhaust the available administrative appeals, then request examination before this court.

On March 17, 2025, the lawyers of Mahmoud Khalil, including the Center for Constitutional Rights and the ACLU Foundation, filed a request for an injunctive preliminary recovery and appointed Donald Trump as one of the respondents. Khalil lawyers did not include the opinion of the American district judge Maryanne Trump Barry in their file, not surprised since the decision was canceled for technical reasons linked to exhausting administrative appeals.

However, the deposit echoes a crucial argument in its opinion. Mr. Khalil is also likely to succeed in his assertion that the disputed policy does not meet regular procedure because it is empty for imprecision, wrote his lawyers. Politics, including as it is applied to Mr. Khalil, does not give the right opinion to anyone residing in the country which, of their speech, opinions, beliefs or advocacy otherwise, will result in the government to target them for detention and withdrawal, and it offers government officials an unwanted discretion to target disadvantaged speeches. (Added imphasse.)

Thirty years ago, Donald Trumps Sister may have designed one of the strongest legal arguments against his immigration policy.

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