Senator Rand Paul (R-KY) expressed on CBS’s “Face the Nation” on Sunday that he believes the courts will determine that individuals should have the right to due process before being deported.
Margaret Brennan, the host, brought up the legal concerns surrounding the use of these authorities to deport detainees without providing them an opportunity for a court hearing. She also pointed out the complications in handling cases involving individuals who were turned away by El Salvador, one for gender reasons and another for not being Venezuelan. She then raised concerns about whether the families’ claims that many of these individuals were not involved in gangs should be taken into account.
Paul responded by acknowledging the significant legal issues at play. “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.” He contrasted this with the provisions of the Alien and Enemies Act, which offers limited procedural protections, stating, “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.” He emphasized that, in the end, the issue will likely be decided by the courts.
Paul further explained, “I think the courts will rule there has to be process.” He elaborated, “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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