Ian Millhiser

In terms of, you know, the most practical sense of that word is I think the Supreme Court's going to have to decide, is this mass detention strategy viable?

Is it a legitimate interpretation of the law?

And then if they say yes, that does sort of reorient the way we view due process in this country because it is, you know, again—

immigrants, people who are charged with sort of deportable, in a civil sense, or they're being told they can be deported, have typically had multiple ways to sort of prove that they should be able to stay here, whether it's through asylum or through other forms of legal status.

And this sort of flips it on its head and makes the process so onerous and so punitive that a lot of people may just give up and not even bother with it, which is, I think, part of the strategy by the administration.

Kyle Cheney, he covers legal affairs for Politico.

Coming up, why so many Department of Justice lawyers are crashing out.

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