On the issue of US sovereignty, SCOTUS says the government has the power to expel. “The right of a nation to expel or deport foreigners who have not been naturalized, or taken any steps towards becoming citizens of the country, rests upon the same grounds, and is as absolute and unqualified, as the right to prohibit and prevent their entrance into the country. … The power to exclude aliens, and the power to expel them, rest upon one ground only—upon the inherent and inalienable right of every sovereign and independent nation to determine for itself, and according to its own constitution and laws, what classes of persons shall be permitted to remain within its jurisdiction.” Fong Yue Ting v. United States, 149 U.S. 698, 707-711 (1893). On the issue of summary removals, SCOTUS said the government can expel but distinguished this from summary imprisonment as a penalty for illegal entrance. “No limits can be put by the courts upon the power of Congress to protect, by summary methods, the country from the advent of aliens whose race or habits render them undesirable as citizens, or to expel such if they have already found their way into our land, and unlawfully remain therein. But to declare unlawful residence within the country to be an infamous crime, punishable by deprivation of liberty and property, would be to pass out of the sphere of constitutional legislation, unless provision were made that the fact of guilt should first be established by a judicial trial.” Wong Wing v. United States, 163 U.S. 228, 237-238 (1896). Wong Wing is the only SCOTUS case that explicitly addresses the government’s power to deport illegals while also discussing their due process rights, and that was 1896. I don’t think the current bench will overrule it. I think there will be discussions on how much due process is available under this Act that Trump is using. The real problem is Congress. Congress didn’t provide the Executive with the requisite tools to deal with the problem of being overrun by illegals.