Trump's Latest Deportation Moves Raises Some Disturbing Questions

Why is President Trump invoking the Alien Enemies Act to deport illegal immigrants when he could simply go through the usual deportation process?

Photo by John McArthur on Unsplash

The Supreme Court on Saturday shut down President Donald Trump’s effort to deport Venezuelan illegal immigrants under the Alien Enemies Act – at least temporarily.

The ruling comes amid a heated national debate about whether the president can use the law, passed in 1798, to remove illegal immigrants from the country. The Trump administration and its supporters argue that it’s a necessary move to protect public well-being. Indeed, many of those whom the White House deported last month were suspected of being members of Tren de Aragua, a particularly brutal street gang.

On the other hand, critics say the move violates the constitutional right to due process. The fact that the administration sent these individuals to a maximum-security prison in El Salvador instead of their home country has also been an issue. These folks argue that it makes no sense to send people to a maximum-security prison without determining that they are actual gang members first.

The president’s actions seem to suggest he is delving further into authoritarianism––especially after he suggested giving violent American citizens the same treatment.

The Supreme Court ruled that the White House could deport detainees if it notifies them “within a reasonable time,” which would give them a chance to challenge the deportations. Yet, these latest deportations appeared to violate the high court’s order, according to The New York Times.

There were indications late Friday that the administration was poised to violate both the spirit and letter of that ruling. Lawyers for the detainees said their clients were given notices that they were eligible to be deported under the law, the Alien Enemies Act. The one-page notices were written in English, a language many of them do not speak, the lawyers said. And they provided no realistic opportunity to go to court.

The American Civil Liberties Union, racing against the clock, filed its emergency application to the Supreme Court on Friday evening — Good Friday, as it happened — and urged the court to take immediate action to protect the detainees as part of a proposed class action.

The lawyers told the court that they feared their clients could be deported within hours, saying that some had already been loaded onto buses, presumably to be taken to the airport.

The Supreme Court did act fast. “The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court,” the order said.

The reason why the Supreme Court acted so quickly is likely because the White House rushed to deport nearly 300 Venezuelans to El Salvador earlier this year. US District Judge James Boasberg had verbally issued an order instructing the government not to take this action, but the White House still flew the deportees out of the country before the order was posted. Now, Boasberg is initiating contempt proceedings against the administration.

Much of the criticism over Trump’s policy centers on his invocation of the Alien Enemies Act, which empowers the president to detain or deport foreigners from countries that are at war with the United States. Opponents suggest that he is using this legislation to bypass the usual deportation process, which requires a level of due process for those facing deportation.

The administration argued that the Venezuelans it deported last month pose a national security threat because of their alleged gang affiliations. Yet, even this claim has been met with skepticism. The evidence the government used mainly consisted of tattoos, clothing, and links to friends and family members. Most of these individuals did not have criminal records.

Under normal circumstances, the deportation process must follow certain steps. For starters, the government must formally notify an individual who is subject to deportation. This person is entitled to a hearing before an immigration judge where they can contest the charges, present evidence, and apply for asylum or a cancelation of removal.

If the judge determines the individual should be deported, the migrant can appeal to the Board of Immigration Appeals (BIA) or federal courts.

There are exceptions to this. Those who have resided illegally in the US for less than two years and are apprehended within 100 miles of the border face expedited removal without the involvement of a judge.

Despite being a libertarian, I don’t support open borders. However, I am also not a border hawk. I believe – like many Americans – that the immigration system must be fixed to make it easier for people to go through the appropriate channels. The government should remove those who commit violent or property crimes.

Still, there is something about how Trump is handling immigration during his second term that doesn’t pass muster. Why not use the regular deportation process. What’s the point of invoking the Alien Enemies Act when the US is not at war with Venezuela?

Moreover, what is the point of sending these people to a maximum security prison in a country known for horrific human rights abuses – especially when they are from Venezuela?

I’ve seen some point out that Venezuela stopped accepting deportees. But this only lasted two weeks because of a dispute over oil and gas. Does sending people to such a facility without due process makes sense? It doesn’t to me. How many of these individuals are rotting in prison for a crime they did not commit?

What makes this situation even more suspicious is that Trump has suggested on multiple occasions that he would like to send American citizens convicted of violent crimes to El Salvadoran prisons as well.

It does not take much imagination to speculate where this slippery slope could end, does it? It makes me wonder what the endgame is here. Does Trump plan to eventually start deporting American citizens – even those not convicted of violent crimes? Whenever authoritarianism seeks to grow, it starts by targeting the unpopular.

Even if this is not Trump’s ultimate objective, it could still lead to a similar outcome under a future administration. Regardless of how one feels about Trump, it is important to question his moves. Bad policy is bad policy, regardless of which party is doing it. From what I can see so far, using the Alien Enemies Act to send people to prison is the epitome of bad policy.