The deportations being implemented by the Trump administration face a legal conflict between the Bill of Rights and the Alien and Enemies Act, Sen. Rand Paul, R-Ky., told “Face the Nation” on Sunday.
Margaret Brennan asked Paul if illegal Venezuelan migrants had been wrongfully deported to El Salvador’s mega prison, whether for being male or not being “gang members.”
“There are some big legal questions here,” the senator replied. “On the one hand, the Bill of Rights applies to everyone — to persons. The Bill of Rights doesn’t specifically designate citizens. It’s really anyone in the United States the Bill of Rights applies to. On the other hand, the Alien and Enemies Act simply says, you really don’t get much process. The president can simply declare that you are somehow a problem for foreign policy and opposed to our foreign policy, and you can be deported. So really, ultimately, this goes to the court, and then the court is going to have to decide, are they going to declare unconstitutional a law that’s been around for a couple hundred years, or are they going to defer to Congress?”
On March 15, U.S. District Judge James Boasberg ordered a halt of deportations.
The senator added he believes the “Supreme Court” is going “uphold the Alien and Enemies Act.”
“It’s not necessarily my position,” he continued, “but I think the court will uphold it. So it’s at least debatable on both sides, who’s right or who’s wrong here. And I think it’s not correct for Democrats to simply say, ‘Oh, it’s constitutional chaos. There’s no leg to stand on.’ There actually is legal authority. On the one hand,” the Alien Enemies Act has “been around for over 200 years.”
Brennan pressed during the interview if illegal migrants had been wrongfully sent to El Salvador’s prison, going on to add after Paul responded, “So, yes, you are comfortable with it?”
“So no, I – well, I think you’re answering for me,” Paul replied. “I think there is going to be some process afforded by the courts for representation before you’re deported in most cases. I don’t know about the ones under the Alien and Enemies Act, and I’m not sure anybody knows that. And while I love constitutional law, I’m not a constitutional lawyer.”
“I do think” this legal question “goes to the Supreme Court. And there are arguments to be made on both sides of this question,” he concluded.
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