Fact Check: "Trump's plan to deport US citizens for crimes is constitutional."
What We Know
The claim that former President Donald Trump’s plan to deport U.S. citizens for crimes is constitutional has been met with significant skepticism from legal experts. According to various sources, including legal scholars and news reports, there is no legal basis for deporting U.S. citizens under any circumstances. David Bier from the Cato Institute stated, "It's obviously unconstitutional, obviously illegal. There's no authority in any U.S. law to deport U.S. citizens" (source-2). Furthermore, Amanda Frost, a professor at the University of Virginia School of Law, echoed this sentiment, asserting that legal experts agree that such actions cannot be legally justified (source-4).
Trump's administration has previously attempted to enforce strict immigration laws, but these efforts have focused on non-citizens. The Immigration and Nationality Act (INA) does not provide any framework for the deportation of U.S. citizens (source-1).
Analysis
The proposal to deport U.S. citizens raises serious constitutional questions. The U.S. Constitution grants citizenship rights that are protected by law, and the Supreme Court has historically upheld these rights against attempts to strip them away. Legal experts have consistently pointed out that the deportation of U.S. citizens would violate both constitutional protections and established legal precedents.
Critics of Trump's proposal argue that it represents an unprecedented encroachment on civil liberties. Ilya Somin, a law professor at George Mason University, stated, "It is pretty obviously illegal and unconstitutional" (source-7). This sentiment is echoed across various legal analyses, which highlight the lack of any legal framework that would allow for the deportation of citizens, regardless of their criminal status.
While Trump's administration has made moves to prioritize the denaturalization of individuals who have committed crimes, this process is distinct from deportation and applies only to naturalized citizens under specific circumstances (source-6). The distinction is crucial, as it underscores the legal protections afforded to U.S. citizens, which cannot be bypassed by executive action.
Conclusion
The claim that Trump's plan to deport U.S. citizens for crimes is constitutional is False. Legal experts across the board agree that such actions would violate the constitutional rights of U.S. citizens. The lack of legal authority to deport citizens, combined with the strong legal precedent protecting citizenship rights, firmly establishes that this proposal is not viable under current U.S. law.
Sources
- Protecting The American People Against Invasion - White House
- Trump hopes to deport and jail U.S. citizens abroad - NPR
- DOJ announces plans to prioritize cases to revoke citizenship - NPR
- Trump again brings up the idea of deporting US citizens for crimes - ABC News
- Can Trump Deport U.S. Citizens Like Elon Musk and ... - Time
- Trump DOJ stripping citizenship from naturalized Americans - Axios
- 'Obviously illegal': Experts pan Trump's plan to deport 'homegrowns' - NBC News
- Can American citizens be deported? Trump says he wants to - Cronkite News
