This week’s episode of Parsing Immigration Policy discusses the Trump Administration’s use of the Alien Enemies Act (AEA), a rarely-used provision in U.S. law passed in 1798 that gives the president the authority to swiftly remove citizens of countries of wartime foes or countries who have made a “predatory incursion” into our territory. Last month, President Trump issued a proclamation invoking the AEA to apprehend, restrain, secure, and remove certain documented members of the Venezuelan prison gang Tren de Aragua (TdA).

Guest host and CIS Director of Policy Studies Jessica Vaughan interviews George Fishman, CIS Senior Legal Fellow, who has been writing about the possible use of the AEA since 2023. Three main questions are highlighted during the podcast:

• How are individuals identified for deportations via the AEA?
• What legal protections do those targeted for deportation via the AEA have?
• Who determines whether the administration has met the statutory requirements for the AEA’s use?

In her closing commentary, Vaughan discusses the recent statewide implementation of the 287(g) partnership program for immigration enforcement in Florida.HostJessica Vaughan is the Director of Policy Studies at the Center for Immigration Studies.

Guest

George Fishman is a Senior Legal Fellow at the Center for Immigration Studies.

Related

Trump Deploys the Alien Enemies Act Against Venezuela and Tren De Aragua

Tren de Aragua, the Alien Enemies Act, and the ‘State Secrets Privilege’

Alien Enemy Validation Guide

The 287(g) Program: Protecting Home Town and Homeland

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

In this week’s episode of Parsing Immigration Policy podcast, Center for Immigration Studies analysts discuss the legal and policy implications of the Mahmoud Khalil case.

Khalil, a Palestinian/Syrian/Algerian green card holder, was involved in pro-Hamas protests when a graduate student on a nonimmigrant visa at Columbia University. DHS charged Khalil under Section 237(a)(4)(C) of the Immigration and Nationality Act (INA), which renders deportable any noncitizen “whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.”

CIS’s Andrew Arthur and George Fishman review the facts of the case, analyze the constitutional and legal questions of what they predict will be a potential test for future efforts to remove noncitizens who support terrorism, and offer predictions. Four main questions are highlighted:

• Is this a free speech case? Can a noncitizen be removed for speech or action supporting a terrorist organization?
• Is this a foreign policy case? How does the government define “serious adverse foreign policy consequences”?
• What are the judicial precedents? How will courts balance foreign policy concerns against constitutional rights?
• Will this case set clearer lines on what a non-citizen can and cannot do? There is a need for the law to settle the spectrum of rights that apply to a spectrum of status. Will this be the case that will provide legal clarity?

As the case moves through immigration court and on to federal district court and beyond, the Center for Immigration Studies will continue providing expert analysis on its broader implications for immigration enforcement and national security.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies

Guests

Andrew Arthur is a Resident Fellow in Law and Policy at the Center for Immigration Studies.

George Fishman is a Senior Legal Fellow at the Center for Immigration Studies.

Related

For more analysis, see our topic page: The Case of Mahmoud Khalil

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

Fieldwork undertaken by the Center for Immigration Studies reveals a border now under control, offering clear evidence that the border crisis was never an unstoppable force but rather the result of policy decisions.

Last week the Center sent analysts to the Border Patrol’s San Diego Sector and across the border to Tijuana, and to the El Paso Sector and across the border to Juarez. These two border sectors had some of the heaviest migrant traffic over the last few years, but now the numbers have plummeted.

Center researchers Andrew Arthur and Todd Bensman join Parsing Immigration Policy to discuss what they saw and what policies are making the difference, and three tools in particular:

1. Infrastructure – Expanded fencing and additional concertina wire have been added.
2. Manpower – Border Patrol agents are forward-deployed, no longer being pulled off the line for processing migrants.
3. Criminal Prosecutions – Not only are apprehended migrants no longer being released, but illegal entry is increasingly being handled as a criminal offense, with first-time illegal-crossers facing up to six months in a federal penitentiary.

In his closing commentary, host Mark Krikorian, the Center’s executive director, explains the Alien Enemies Act, enacted in 1798, which is now in the headlines due to the Trump administration using it as the basis for the swift deportation of a group of Venezuelan gang members. The law can only be triggered by a declared war, an invasion, or a predatory incursion by a foreign nation or government. Its application faces legal challenges and will likely reach the Supreme Court.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies

Guests

Andrew Arthur is a Resident Fellow in Law and Policy at the Center for Immigration Studies.

Todd Bensman is a Senior National Security Fellow at the Center for Immigration Studies.

Related

A Border 'Peace Dividend'

Eye-Popping February CBP Numbers Show How the Border Has Changed under Trump

The 225-year-old 'Alien Enemies Act' Needs to Come Out of Retirement

Trump Prepares to Use of the Alien Enemies Act

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

The latest episode of the Center for Immigration Studies podcast series features a discussion between guest host Marguerite Telford, the Center’s Director of Communications, and Steven Camarota, the Center’s Director of Research. 

Camarota’s interview highlights a recently released analysis that examines the size and growth of the foreign-born population in the January Current Population Survey, the first government survey to be adjusted to better reflect the recent surge in illegal immigrants. The analysis finds that the foreign-born or immigrant population (legal and illegal together) hit 53.3 million and 15.8 percent of the total U.S. population in January 2025 — both new record highs. 

Telford and Camarota continue the discussion, hitting topics both in the analysis and those effected by immigration stock and flow, including population projections, employment, education levels, assimilation, and more.

Host

Marguerite Telford is the Director of Communications at the Center for Immigration Studies

Guest

Steven Camarota is the Director of Research at the Center for Immigration Studies.

Related

Foreign-Born Number and Share of U.S. Population at All-Time Highs in January 2025

The Declining Education Level of Newly Arrived Immigrants

Working-Age, but Not Working, 1960 to 2024

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

This week’s episode of Parsing Immigration Policy reminds listeners of the threats that made President Trump's recent Executive Order, "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats," necessary. The Center for Immigration Studies maintains a comprehensive database detailing examples of preventable federal government vetting failures which resulted in the entry of individuals who posed a threat to national security. Todd Bensman, the Center’s national security fellow, has recently added new cases into the database, highlighting the need for the improvement of U.S. vetting processes. “The Center’s database offers valuable insights for preventing future threats,” said Bensman. “I hope this crucial tool for understanding past failures will be useful to the Trump administration’s renewed robust security vetting efforts.”

Key Highlights:

Purpose: The database identifies fail points in the complex immigration security screening system, providing insights for homeland security agencies and congressional overseers to strengthen future vetting processes.

Analysis: Each entry includes an after-action report detailing what went wrong, offering lessons to improve future vetting procedures. Users can access all primary research materials used in the analyses.

Notable Cases Highlighted: The database contains over 50 entries revealing the entry of foreign threat actors, including a Brazilian ex-police officer who had committed mass murder; a Bosnian war criminal who ran prison camps and was involved in brutal interrogations, torturing, and the killing of inmates; and an Egyptian student who was involved in a plot to bomb the Israeli embassy.

Historical Context: The 9/11 attacks prompted a comprehensive overhaul of U.S. immigration vetting processes. The year 2008 was chosen as the starting date for collecting vetting failure cases on the assumption that the first series of 9/11 visa vetting reforms would have fully vested by then and because significant new process improvements were implemented that year.

In his closing commentary, Mark Krikorian, the Center's executive director and podcast host, highlights President Trump's success in securing the border, achieving the lowest level of apprehensions recorded in history. Will this administration and future administrations stay vigilant?

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies

Guest

Todd Bensman is a National Security Fellow at the Center for Immigration Studies.

Related

Database: National Security Vetting Failures

Egyptian Student Added to CIS National Security Vetting Failures Database

Afghan Evacuee Added to CIS National Security Vetting Database

Brazilian Mass Murderer Who Slipped through U.S. Vetting Three Times Is Added to CIS Database

Panel: A New Database of Vetting Failures

Commonplace: They Said It Couldn't Be Done

The Greatest Mass MIgration Border Crisis in U.S. History Is Over

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

The latest episode of the Center for Immigration Studies podcast series features guest host Senior National Security Fellow Todd Bensman in conversation with Jaeson Jones, a leading expert on Mexican cartels and a border correspondent.

This timely discussion highlights the recent designation of six Mexican drug cartels as Foreign Terrorist Organizations (FTOs) by the Trump administration and the multifaceted approach by all levels of government that this permits, allowing the U.S. to combat the cartels in sync with the Mexican government.

Key topics covered include:

Evolution of Mexican Cartels: Exploration of how Mexican cartels, now in 65 countries around the world, have transitioned from organized crime syndicates to parallel governments in Mexico, exhibiting extreme violence and governmental infiltration.

Advocacy for FTO Designation: Discussion on Jones’ rationale for advocating for the FTO designation, emphasizing the need for enhanced legal frameworks to effectively combat the rapid and violent operations of cartels.

Strategic Framework Post-Designation: Analysis of the comprehensive approach required to dismantle cartel networks, underscoring the necessity for coordinated efforts across all branches of government.

Implications of FTO Status: Examination of the potential outcomes of the FTO designation, including:

• Revocation of visas for individuals associated with designated cartels.
• Inclusion of cartel affiliates on no-fly lists.
• Enhanced capabilities to target and seize financial assets linked to cartel operations.

Addressing Fentanyl Trafficking: Strategies to combat the smuggling of fentanyl, focusing on disrupting supply chains originating from countries such as China, Pakistan, India, and Bangladesh, and addressing the corruption within Mexico that facilitates these operations.

Game Changer: Prediction by Jones – With the FTO designation, the number of lives we can now save is unprecedented.

In his closing commentary, Bensman highlights the recent agreement between Mexico and the United States, in which Mexico will deploy 10,000 additional troops to the border, and the United States will assist in intercepting American guns that end up in cartel hands. However, Bensman notes a lack of reliable evidence supporting the claim that most of the cartels’ firearms come from U.S. gun stores. The cartels have, for years, equipped themselves with military-grade weapons from Mexico’s own corrupt military and from the armories of corrupt officials in Central American and South American nations.

Host

Todd Bensman is a National Security Fellow at the Center for Immigration Studies.

Guest

Jaeson Jones is an expert on Mexican cartels and a border correspondent.

Related

Jaeson Jones Website

Jaeson Jones on X

American Guns Are Not to Blame for Mexico’s Cartel Problem

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

In the latest episode of Parsing Immigration Policy, Victor Davis Hanson, a Hoover Institution fellow, discusses the changes in U.S. immigration policy under President Trump with Mark Krikorian, the Center for Immigration Studies’ executive director. The discussion begins with acknowledging how the political landscape for Trump 2.0 differs greatly from the first Trump administration, giving President Trump maneuvering room to make major immigration policy changes.

Key topics include:

Border Enforcement & Deportation:

• A comparison of President Trump’s 2021 and 2025 immigration policies.
• The wisdom of Trump’s “worst first” deportation strategy.
• Over the last four years the composition of the illegal immigration population has changed to include a larger number of nationalities besides Mexicans. Will this weaken the cohesive lobbying effort to fight deportations?

Birthright Citizenship & Legal Challenges:

• Trump’s executive order addressing birthright citizenship.
• Predictions on the potential Supreme Court battle and legislative efforts.

U.S.-Mexico Relations & Economic Impact:

• Mexico’s shifting stance on immigration.
• Mexican public opinion turns against mass migration.
• Trump’s potential tariff and remittance restrictions as leverage.

Immigration & Fertility Rates:

• Declining U.S. birth rates and state-level trends.
• Can immigration raise the national fertility rate and achieve replacement level?
• Immigration’s impact on native fertility.

In his closing commentary, Mark Krikorian, the podcast host, highlights a new Center report, The Declining Education Level of Newly Arrived Immigrants, which finds a decline in the education level of newly arrived (the past three years) immigrants. The decline, which added greatly to the low-income population, is in stark contrast to the steady improvement in the education level in the years prior to the border surge.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Victor Davis Hanson is a Fellow at the Hoover Institution.

Related

VictorHanson.com

Trump Issues Birthright Citizenship Executive Order

The Declining Education Level of Newly Arrived Immigrants

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

The latest episode of Parsing Immigration Policy highlights the diplomatic initiatives supporting U.S. border security that have been undertaken by the Trump administration. Phillip Linderman, a retired State Department senior Foreign Service Officer and a Center for Immigration Studies board member, discusses actions recently taken by President Trump and Secretary of State Marco Rubio that promote structured and lawful migration and seek to put an end to the global migration chaos.

Key points:

International Cooperation on Deportations – Countries such as Colombia, El Salvador, Venezuela, and Mexico have agreed to accept the return of their citizens, signaling a shift in regional migration policies.

Changing U.S. Policy – The U.S. has fundamentally changed its stance, no longer encouraging unchecked migration but instead promoting legal and orderly processes.

Diplomatic Leverage – The threat of tariffs and the use of tools such as Section 243(d) of the Immigration and Nationality Act (INA), which allows the U.S. to suspend visas for countries refusing to accept deportees, has proven effective in securing cooperation.

Mexico’s Role – Mexico has agreed to deploy 10,000 Mexican National Guard troops to combat human trafficking and drug smuggling at the border.

El Salvador’s Role – Salvadoran President Nayib Bukele has offered to accept U.S. deportees of any nationality.

Gitmo’s Role – Trump will open Guantanamo Bay to alien detainees.

Economic & Political Factors – Countries reliant on remittances, such as El Salvador and Venezuela, are having to balance economic interests with security cooperation.

Global Implications – The discussion explores the idea of an international migration summit and the need for updated legal frameworks outside traditional organizations like the UN.

Host

Jessica Vaughan is the Director of Policy Studies at the Center for Immigration Studies.

Guest

Phillip Linderman is a retired State Department senior Foreign Service Officer and a Center for Immigration Studies board member.

Related

El Salvador, Guatemala deals key to Trump deportation promises

Trump Tariffs and Border SecurityMigrants Sent to Gitmo, India, and Potentially Venezuela

Colombia's President Tests Trump on Migrant Returns, Quickly Backs Down

Trump Dares to Send Criminal Aliens Back to Their New Home, Down by the (Guantanamo) Bay

State Department Can Lead on Fighting Illegal Immigration and Promoting Border Security

Intro MontageVoices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

The latest episode of “Parsing Immigration Policy” highlights skilled immigration policies, their impact, and ways to improve the legal immigration programs. Featuring Dr. Norman Matloff, emeritus professor at UC Davis and a leading expert on the H-1B visa program, this episode breaks down how current policies are reshaping the U.S. labor market, undercutting American workers, and benefiting major tech companies at the expense of bringing the true “best and brightest” to the U.S.

Key topics covered:

The H-1B Visa System: Why America’s leading tech companies, like Intel and Google, are more harmful than the “body shops” that contract out cheap foreign labor.

The Green Card Process: The green card process is badly flawed. How sponsorship by big tech artificially expands the workforce, limiting opportunities and lowering wages for Americans.

The Myth of “Best and Brightest”: The reality behind claims that H-1B visa holders are exceptional talents—and how companies game the system. How can true talent be identified.

Age Discrimination & Wage Suppression: How H-1B policies favor entry-level workers, leading to lost expertise and lower salaries in STEM fields.

Foreign Students & Green Cards: Are we admitting too many? How universities exploit foreign student labor and what changes are needed.

Fixing the System: Ideas for reform, options explored include limiting green cards to top PhDs, implementing merit-based testing, numerical caps on students

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Norm Matloff is an emeritus professor at UC Davis.

Related

How the H-1B System Undercuts American Workers

Norman Matloff on the H-1B Program and Related Issues

Why Legal Immigration Numbers Matter

Does America Need More Foreign Tech Workers, No

To Get the ‘Best and Brightest’ H-1B Workers, the US Must Reform the Program

Musk Is Right About H-1Bs

A Look Behind the Curtain at One H-1B Body Shop

Intro MontageVoices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".

Immigration was a defining issue in Donald Trump’s presidential campaign, and within his first week in office, he took swift action to fulfill his promises. In this week’s episode of Parsing Immigration Policy podcast, Center for Immigration Studies experts analyze the nine immigration-related Executive Orders issued in his first week in office, shaping the direction of U.S. immigration policy.

Andrew Arthur, Fellow in Law and Policy, and Elizabeth Jacobs, Director of Regulatory Affairs and Policy, provide an in-depth breakdown and analysis of these executive actions and their broader impact on immigration policy.

As the administration continues to roll out new immigration policies, the Center for Immigration Studies will provide ongoing expert analysis and updates.HostMark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests

Andrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.

Elizabeth Jacobs is the Director of Regulatory Affairs and Policy at the Center for Immigration Studies.

Related

Bullet summaries of the nine executive orders

Additional CIS research and analysis on these policies

Intro Montage

Voices in the opening montage:

• Sen. Barack Obama at a 2005 press conference.
• Sen. John McCain in a 2010 election ad.
• President Lyndon Johnson, upon signing the 1965 Immigration Act.
• Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
• Laraine Newman as a "Conehead" on SNL in 1977.
• Hillary Clinton in a 2003 radio interview.
• Cesar Chavez in a 1974 interview.
• House Speaker Nancy Pelosi speaking to reporters in 2019.
• Prof. George Borjas in a 2016 C-SPAN appearance.
• Sen. Jeff Sessions in 2008 comments on the Senate floor.
• Charlton Heston in "Planet of the Apes".