The deportations being implemented by the Trump administration face a legal conflict between the Bill of Rights and the Alien and Enemies Act, Sen. Rand Paul, R-Ky., told “Face the Nation” on Sunday.
Margaret Brennan asked Paul if illegal Venezuelan migrants had been wrongfully deported to El Salvador’s mega prison, whether for being male or not being “gang members.”
“There are some big legal questions here,” the senator replied. “On the one hand, the Bill of Rights applies to everyone — to persons. The Bill of Rights doesn’t specifically designate citizens. It’s really anyone in the United States the Bill of Rights applies to. On the other hand, the Alien and Enemies Act simply says, you really don’t get much process. The president can simply declare that you are somehow a problem for foreign policy and opposed to our foreign policy, and you can be deported. So really, ultimately, this goes to the court, and then the court is going to have to decide, are they going to declare unconstitutional a law that’s been around for a couple hundred years, or are they going to defer to Congress?”
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