“I don’t know.” That was President Donald Trump’s answer when asked if he needed to uphold the U.S. Constitution when it comes to giving immigrants the right of due process.
Trump provided this response during a wide-ranging TV interview broadcast on Sunday on NBC’s Meet the Press.
Trump added that he’s following lawyers’ advice as he tries to execute rapid deportations, arguing that giving immigrants due process is time-consuming.
Five months ago during his inauguration Trump took the oath of office and said, “I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
The U.S. Constitution's Fifth Amendment and Fourteenth Amendment both contain a due process clause, guaranteeing that no one shall be deprived of life, liberty, or property without due process of law. The Supreme Court has repeatedly ruled that the due process guarantees of the Constitution apply to all individuals within the jurisdiction of the United States, including non-citizens, both legal and undocumented immigrants.
The reason this issue is now center stage is because Trump’s mass deportation push has blatantly ignored due process with the deportation of hundreds of Venezuelans who were in the United States. Many, but not all, were here illegally. Nevertheless, they all were entitled to due process. Instead under the Alien Enemies Act they were sent to El Salvador’s notorious maximum-security prison, the Terrorism Confinement Center (CECOT). The administration alleged that they are members of the Venezuelan gang Tren de Aragua.
One Venezuelan asylum seeker, going by the initials Y.A.P.A. for fear of his safety, has been concerned that the same fate could befall him. He is currently being held in U.S. Immigration and Customs Enforcement (ICE) detention in Lumpkin, Georgia, after being apprehended in February 2025 while his asylum proceedings were still pending. The Trump administration has alleged, without evidence, that Y.A.P.A. is a “known associate” of Tren de Aragua.
A Federal Judge has now found that the government’s use of the Alien Enemies Act, targeting alleged members of Tren de Aragua for rapid removal, is illegal. That law only applies when the U.S. has declared a war with another country, or another country has or is threatening to invade the U.S.
Last week, the American Immigration Council filed a habeas petition to prevent Y.A.P.A.’s transfer to CECOT without giving him a meaningful chance to go before a judge to review the government’s allegations against him.
Guest:
Aaron Reichlin-Melnick is a Senior Fellow at the American Immigration Council
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This discussion will be recorded on Tuesday, May 6, 2025.
