Trump Administration’s Deportation Case Faces Legal Hurdle From Judge Maryanne Barry’s 1996 Ruling

The Trump administration's effort to deport Palestinian activist Mahmoud Khalil under a 1952 law is complicated by a prior ruling by Donald Trump’s sister, who declared the law unconstitutional.

• Mahmoud Khalil, a lawful permanent resident and former Columbia University student, is detained in Louisiana as the Trump administration seeks to deport him under a Cold War-era law.
• The 1952 law allows the Secretary of State broad discretion to deport individuals deemed a national security risk, but critics argue it is vague and unconstitutional.
• In 1996, Judge Maryanne Trump Barry, Donald Trump’s sister, struck down the law as unconstitutional, citing improper delegation of legislative power and lack of clarity for those affected.
• The Third Circuit Court of Appeals later reversed Barry's ruling on procedural grounds without addressing her constitutional arguments.
• The Supreme Court is set to hear arguments this week on the nondelegation doctrine, a key issue in the case, as public and legal scrutiny of the Trump administration’s immigration policies grows.

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