by Charlotte Hazard
The Supreme Court last week blocked President Donald Trump from invoking the Alien Enemies Act to deport illegal migrants in Texas. "Due Process," says Alan Dershowitz, "doesn't have a singular meaning."
Harvard Law School Professor Emeritus Alan Dershowitz said Monday on the "Just the News, No Noise" TV show that there is a way for President Donald Trump to deport thousands of illegal migrants out of the U.S., there just has to be due process.
"I think the Supreme Court is sending a clear message: you can do it," Dershowitz said . "Just do it right, and understand that due process doesn't have a singular meaning."
The Supreme Court last week blocked President Donald Trump from invoking the Alien Enemies Act to deport illegal migrants in Texas, throwing a curveball into the administration's crackdown on illegal immigration. Trump's invocation of the Act has been roundly criticized by professors at left and center-left law schools.
The higher court sent the case back to a lower appeals court to decide underlying factual questions in the case, including how much notice those targeted for removal should receive, and whether the move itself was legal.
The order comes after a federal judge ruled earlier this month that the administration can deport suspected members of foreign terrorist organizations, including Tren de Aragua and MS-13, under the 18th century law. The law has been invoked and amended several times throughout World Wars I and II.
Various ways of understanding "Due Process"
Other federal judges have blocked the administration's efforts, some of them questioning whether the deportees were entitled to, or given, due process.
"It [due process] means the process that is due to you," Dershowitz said. "Depending on your status, if you're a citizen and they're trying to put you in jail, due process means you know every conceivable right that human beings know."
"But," Desrhowitz continued, "if you're a student on a visa, and you're here at the deference of the government, due process only means they have to give you an opportunity to disprove the allegations against you. So it's minimal."
On Monday, the Supreme Court ruled that the Trump administration does has authority to revoke the protected status of over 300,000 Venezuelans.
The administration filed an emergency request that asked the Court's nine justices to reverse a decision by the Biden administration to extend protections to hundreds of thousands of Venezuelans under the federal Temporary Protected Status program. Litigation will take place in the District Courts.
"The Supreme Court is going to recognize that the executive, the president, has the power to decide who stays in the country and who goes," Dershowitz said. "But they have to do it in the right way. They have to do it consistent with due process."
He said that the president has to make sure the people that are being deported are offered basic rights.
"You gotta make sure you have the right people," he said.
"You have to make sure they're afforded their basic rights, but don't try to constrain the president and the executive from substantively determining who stays in the country and who doesn't stay in the country," Dershowitz continued to explain.
Two of Trump's top priorities for his second term are intertwined: mass deportations and cracking down on illegal immigration.
Late last Sunday evening, House Republicans advanced Trump's “big, beautiful bill” which includes funding for more deportations.
Charlotte Hazard
Source: https://justthenews.com/government/courts-law/alan-dershowitz-says-trump-can-carry-out-mass-deportations-it-just-has-be
No comments:
Post a Comment