Now, a judge is ordering the #WhiteHouse to explain itself in what is perhaps the first constitutional crisis of this term. And that's how #tradelaw was involved in this seemingly unrelated event.

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

This "exit of people" based on the Alien Enemies Act of 1798 by all accounts has no basis even in that law. But the Federal Register Determination set the groundwork to deny them #dueprocess.

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

Why did they do this? Hindsight is 20/20. Over the weekend, the White House invoked an 18th century law to deport Venezuelans, maybe in violation of a court order.

www.nytimes.com/2025/03/16/u...

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

"the status, entry, and exit of people" placed alongside inanimate, commercial concepts is shocking! More like the 1807 Slave Trade Act, less like the 2021 Uyghur Forced Labor Prevention Act.

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

Why is this retrograde to the 19th century? Modern #tradelaw covers goods, services, data, technology and other items. I've never seen rulemaking include "the status, entry, and exit of people"

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

And even worse, certain agency adjudications of individuals no longer need to provide that individual with a host of procedural opportunities that look very much like due process.

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

OK - simple enough. But per 5 U.S.C. 553 & 554, that means federal agencies who pass agency rules about these don't have to air them to the light (including in the very same Federal Register).

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

"the status, entry, and exit of people, and the transfer of
goods, services, data, technology, and other items across the borders of the United States" are now deemed to be about "foreign affairs."

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

"Foreign affairs" - state-to-state diplomacy, international law, diplomacy, defense & security-right? At least in the 21st century.

But in this declaration, #SecofState adds 19th century concepts.

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

In it, #FoggyBottom published in the Federal Register-the official ledger of the U.S. government-a new determination relating to "foreign affairs."

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

This rule snuck in at the last minute on Thurs and is related to #tradelaw, but is much more important than just that. At first glance, it seemed innocuous enough, not explaining the implications.

public-inspection.federalregister.gov/2025-04116.pdf

#governmenttransparency #constitutionalcrisis

Biggest takeaways: Trade-related depts to get up to speed on #tradepriorities by Apr: "unfair" trade (inc goods deficit) & China. Homeland Security has 'til then to remind Trump that CBP = ERS. PressSec has til yesterday to learn that final versions go on website.

www.whitehouse.gov/presidential...

Just a reminder to the incoming administration, "We know that if America wants more #jobs, greater prosperity, and a dynamic, competitive economy, the answer is more #worldtrade, not less." - #RonaldReagan on the signing of the #TradeandTariffActof1984

Buckle up for the Trade Wars 2.0. Not the #GreatDepression's ~40% #Smoot-Hawley #tariffs, but targeting #USMCA (fmrly #NAFTA) trade partners would severely impact our domestic industries, raise prices, contribute to inflation, & land us with a Ch. 31 lawsuit.

www.nytimes.com/2024/11/25/b...