Fact Check: Trump's plan to deport US citizens for crimes could violate the 14th Amendment.

Fact Check: "Trump's plan to deport US citizens for crimes could violate the 14th Amendment."

What We Know

The claim revolves around recent statements and actions from former President Donald Trump regarding the potential deportation of U.S. citizens, particularly those with criminal records. In a recent proposal, Trump suggested that individuals born in the U.S. who have committed certain crimes could face deportation. This has raised significant concerns among legal experts regarding its constitutionality, particularly in relation to the 14th Amendment, which guarantees citizenship rights to all individuals born in the U.S.

The Department of Justice (DOJ) has also indicated a shift in its approach to citizenship, prioritizing denaturalization cases against naturalized citizens who commit crimes. This tactic has historical precedence but has been criticized for its potential to infringe on constitutional rights, including due process protections under the 14th Amendment. Legal scholars have expressed that pursuing denaturalization through civil litigation, as outlined in a recent DOJ memo, could violate due process rights, as individuals in these proceedings are not guaranteed legal representation and face a lower burden of proof from the government (source-2).

Analysis

The proposal to deport U.S. citizens, particularly those born in the country, raises serious legal questions. The 14th Amendment explicitly states that all persons born or naturalized in the United States are citizens, and this has been interpreted to mean that citizenship cannot be revoked arbitrarily or without due process (source-4). Legal experts have pointed out that Trump's plan could be seen as a direct violation of this amendment, as it seeks to strip citizenship based on criminal activity, which has not been traditionally grounds for deportation (source-5).

Furthermore, the DOJ's focus on denaturalization, especially for naturalized citizens, has been criticized for its potential to create a slippery slope where citizenship could be revoked for a broader range of offenses, leading to fears about the erosion of civil rights (source-6). The historical context of denaturalization, particularly its use during the McCarthy era, adds to the concern that such measures could be politically motivated rather than based on legal principles (source-2).

While Trump's administration has not yet implemented a formal policy to deport U.S. citizens, the discussions and proposals put forth suggest a significant shift in immigration enforcement priorities. Critics argue that these proposals are not only legally questionable but also threaten the foundational principles of American democracy (source-7).

Conclusion

The claim that Trump's plan to deport U.S. citizens for crimes could violate the 14th Amendment is Partially True. While there is no official policy in place yet, the proposals and discussions surrounding this issue raise substantial constitutional concerns. Legal experts widely agree that such actions would likely face significant legal challenges due to the protections afforded by the 14th Amendment. The potential for abuse of power in targeting citizens based on criminal records further complicates the legality and morality of such proposals.

Fact Check: Trump's plan to deport US citizens for crimes could violate the 14th Amendment.