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Trump Questions Duty to Uphold Constitution, Cites Alien Enemies Act in Kilmar Abrego Garcia Deportation Case

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Trump Questions Duty to Uphold Constitution, Cites Alien Enemies Act in Kilmar Abrego Garcia Deportation Case

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  • Forbes
  • ABC News
  • The Hill

33 posts GPT (4.1)

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In a recent NBC News 'Meet the Press' interview, President Donald Trump said he does not know whether he is required to uphold the Constitution, specifically regarding due process rights for citizens and noncitizens. When asked by moderator Kristen Welker about the Fifth Amendment's guarantee that 'no person' shall be 'deprived of life, liberty, or property, without due process of law,' Trump replied, 'I don't know. I'm not a lawyer. I have brilliant lawyers that work for me, and they are obviously going to follow what the Supreme Court said.' Trump's remarks were made in the context of his administration's mass deportation efforts and the use of the Alien Enemies Act. He argued that providing due process to all would require 'a million, or 2 million, or 3 million trials,' and expressed frustration that the courts were impeding his plans to deport millions of undocumented immigrants, including those he described as 'some of the worst people on Earth.' Legal experts and lawmakers have cited Supreme Court precedent, including a 1993 opinion by Justice Scalia, affirming that due process rights apply to all persons on U.S. soil, regardless of citizenship. Secretary of State Marco Rubio has also stated that 'of course' all people in the U.S. are entitled to due process, while adviser Stephen Miller has argued otherwise. The administration's actions have come under particular scrutiny following the wrongful deportation of Maryland resident Kilmar Abrego Garcia to El Salvador, despite a Supreme Court order to facilitate his return. The government has cited logistical challenges in complying with the order. Federal courts have found the administration in likely criminal contempt for deporting migrants in violation of court orders, including the case of Daniel Lozano-Camargo. The use of the Alien Enemies Act has led to the deportation of individuals, including alleged members of the Tren de Aragua gang, and raised concerns about the denial of due process. The controversy continues as courts, lawmakers, and advocacy groups press the administration to comply with constitutional requirements and court rulings on due process and deportations.

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