- President Donald Trump tweeted Sunday morning that the US should start deporting illegal immigrants with no legal process.
- He said those who “invade our Country” will be removed with “no Judges or Court Cases”.
- Trump’s proposed move would violate immigrants’ rights to due process guaranteed by the US Constitution and clarified by the Supreme Court.
President Donald Trump tweeted Sunday morning that the US should deport immigrants who enter the US illegally with no legal process.
Trump said once “somebody comes in” the country, they should be removed with “no Judges or Court Cases” – a move that would violate the long-established legal precedent for immigrants’ rights to due process.
The US Constitution’s Fifth Amendment guarantees no one can be “deprived of life, liberty or property without due process of law.” In 1953, the Supreme Court clarified this right extended to non-US citizens.
In 2001, the Supreme Court doubled down in Zadvydas v. Davis, concluding: “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent.”
Trump’s tweets came amid a flurry of on-air talk on the Sunday political shows about upcoming immigration policy from Republican lawmakers.
Many of them were responding to the president’s Friday tweet saying Republicans “should stop wasting their time” on immigration reform until they elect more lawmakers in a “Red Wave” this November.
Republicans currently control both houses of Congress, and have been trying to pass immigration legislation. Lawmakers from both parties have been calling for solutions to fix the border crisis, which the Trump administration’s “zero tolerance” policy has exacerbated.
Despite Trump urging against immigration reform in his comments Sunday and a Friday tweet, Texas GOP Rep. Michael McCaul said on “Fox News Sunday” that Trump was “still 100% behind us” on passing legislation, based on a conversation he said he had with the White House Saturday.
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