Senator Rand Paul (R-KY) said Sunday on CBS’s “Face the Nation” that he believed the courts will rule defendants should get due process before they are deported.
Host Margaret Brennan said, “There are legal questions around using these authorities to send out detainees without giving them a day in court. There’s questions of how it’s being handled in regard to these individuals who were rejected by El Salvador, one for gender, one because they weren’t Venezuelan at all. Do these concerns does any of this concern you along with claims from their family members that many of these people weren’t gang members?”
Paul said, “There are some big legal questions here. On the one hand, The Bill of Rights applies to everyone, to persons. The Bill of Rights doesn’t specifically designate citizens. It’s anyone in the United States, The Bill of Rights applies to. On the other end, The Alien and Enemies act says you don’t get much process. The president can declare that you are somehow a problem for foreign policy and opposed to our foreign policy you can be deported. Ultimately, this goes to the court.”
He continued, “I think the courts will rule there has to be process.”
Paul added, “I think there’s going to be a process afforded by the courts for representation before you are deported in most cases. I don’t know about the ones under the Alien and Enemies Act. I’m not sure anybody knows that. While I love constitutional law, I’m not a constitutional lawyer. I think it goes to the Supreme Court and there are arguments to be made on both sides.”
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