‘i’m Not A Lawyer’: Trump Dodges Question About Due Process Rights

Following a drawstring of high-profile detainments and deportations that critics opportunity eschewed owed process, President Donald Trump is saying he isn’t judge if either U.S. citizens aliases noncitizens should beryllium granted nan Constitutional right. The comments came during an question and reply pinch NBC’s “Meet nan Press” that aired Sunday, May 4.

‘I don’t know. I’m not a lawyer’

When asked by big Kristen Welker if some U.S. citizens and noncitizens should beryllium protected by nan Fifth Amendment’s correct to owed process, Trump said, “I don’t know. I’m not, I’m not a lawyer. I don’t know,” adding that he has “brilliant lawyers … and they are going to evidently travel what nan Supreme Court said.” In April, nan U.S. Supreme Court blocked deportations nether nan Alien Enemies Act until further notice.

The 5th and 14th Amendments

The Fifth Amendment was ratified by Congress successful 1791 and promises U.S. citizens respective rights, including protection from self-incrimination, guaranteed owed process and adjacent protection earlier nan law, entree to expansive assemblage trials, and financial compensation if nan authorities seizes backstage property.

Similarly, nan 14th Amendment guarantees adjacent protection of nan rule to “any personification wrong its jurisdiction,” a caveat that applies to everyone sloppy of their migration status.

Due process and detainment, deportation

Due process and nan Fifth Amendment person go a flashpoint successful nan Trump administration’s wide deportation effort. The president maintained during Sunday’s question and reply that he’s trying to deport “some of nan worst, astir vulnerable group connected Earth,” but that nan courts are blocking his efforts.

“I was elected to get them nan hellhole retired of here, and nan courts are holding maine from doing it,” Trump said.

Critics, however, opportunity that immoderate of those targeted, including U.S. citizens and those without immoderate criminal history, didn’t get their time successful court. Moreover, they’re arguing that those who are being detained and deported are not nan astir vulnerable group connected Earth, but alternatively mothers, a constitution artist, children and valued organization members.

Figures for illustration Kilmar Abrego Garcia, a Salvadoran nationalist who has been astatine nan halfway of a statement complete alleged pack affiliation and tribunal orders protecting his position arsenic a U.S. resident, arsenic good arsenic Mahmoud Khalil, a precocious detained Columbia University postgraduate student and pro-Palestinian organizer, person go symbols of anti-deportation movements. Their supporters impeach nan White House of “kidnapping” and “disappearing” migrants and overseas nationals who are surviving successful nan state legally.

Likewise, the U.S. Supreme Court ruled successful early April that each personification astatine consequence of being deported must beryllium fixed “reasonable time” to situation their deportation, frankincense ensuring their correct to owed process. However, precocious unsealed tribunal documents revealed that the White House’s model for contesting a deportation was conscionable 12 hours.