Trump’s Deportations To El Salvador May Face Legal Issues Over Due Process

[Kale Carey]

LEGAL EXPERTS SAY TRUMP’S MASS DEPORTATIONS MAY RUN INTO MORE LEGAL CHALLENGES–BECAUSE MANY OF THE MEN BEING SENT TO EL SALVADOR’S MAXIMUM SECURITY PRISON AREN’T GIVEN THEIR DAY IN COURT.. 

IN THE U.S. CONSTITUTION–THE FIFTH AND FOURTEENTH AMENDMENTS HAVE CLAUSES PROTECTING DUE PROCESS WHICH SAYS THE GOVERNMENT CANNOT INFRINGE ON SOMEONE’S RIGHTS–

SOME ARGUE THAT’S WHAT’S HAPPENING BEHIND CLOSED DOORS WHEN SALVADORAN AND VENEZUELAN NATIONALS ARE REMOVED FROM THE COUNTRY. 

IN THE MIDDLE OF APRIL, THE ACLU FILED AN EMERGENCY APPEAL WITH THE SUPREME COURT TO STOP SOME DEPORTATIONS ARGUING THAT THE PEOPLE BEING REMOVED AREN’T GIVEN A FAIR TRIAL.

THAT APPEAL CAME AFTER A SUPREME COURT DECISION THAT MADE ONE THING CLEAR: DEPORTATIONS CAN MOVE FORWARD ONLY **IF EACH PERSON GETS A CHANCE IN COURT TO ARGUE ALLEGATIONS AGAINST THEM. 

WHITE HOUSE OFFICIALS SEEMINGLY DISAGREE. THEY SAY ANYONE CONNECTED TO A GROUP DESIGNATED A FOREIGN TERRORIST ORGANIZATION INCLUDING GANGS—LIKE THE ONES DESIGNATED EARLIER THIS YEAR—AREN’T ENTITLED TO THOSE RIGHTS.

PRESIDENT DONALD TRUMP INVOKED THE ALIEN ENEMIES ACT TO REMOVE PEOPLE THE IMMIGRATION AUTHORITIES DEEM TO BE MEMBERS OF AN INTERNATIONAL GANG LIKE MS-13.  

THE LAW GIVES PRESIDENTS THE POWER TO REMOVE FOREIGN ADVERSARIES IF IT MEANS UPHOLDING NATIONAL SECURITY. 

TRUMP HAS SAID EVERY MAN SENT TO EL SALVADOR IS A GANG MEMBER BUT  AFFILIATION IS TECHNICALLY NOT A CRIME. 

FEDERAL LAW DOES ALLOW THE U.S. TO DETAIN AND DEPORT NONCITIZENS WHO COMMIT CRIMES, POSE A THREAT TO PUBLIC SAFETY OR BREAK THE GUIDELINES OF THEIR VISA. 

HOWEVER UNDER THE EXPEDITED REMOVAL PROCESS TRUMP IS USING, THERE’S LESS TIME FOR PEOPLE TO ACCESS LEGAL HELP OR DEFEND THEMSELVES.

TYPICALLY INDIVIDUALS REMOVED THE U.S. ARE RETURNED TO THEIR HOME COUNTRIES, BUT INSTEAD THEY ARE BEING SENT TO EL SALVADOR. 

THE MARCH 12TH ORDER GIVES GOVERNMENT OFFICIALS THE ABILITY TO SEND DEPORTEES ANYWHERE THEY DEEM FIT IN RELATION TO THE PUBLIC SAFETY OF AMERICANS. 

ONCE THEY’RE INSIDE CECOT, THEY CAN BE HELD INDEFINITELY EVEN WITHOUT BEING CHARGED WITH A CRIME. 

CIVIL RIGHTS ACTIVISTS AND ATTORNEYS ARE SAYING THAT’S PUNISHMENT DUE TO THE CONDITIONS INSIDE EL SALVADOR’S PRISON AS EVIDENCE. 

A UCLA LAW PROFESSOR DESCRIBED WHAT IT’S LIKE TO THE L-A TIMES: INDIVIDUALS INSIDE THE PRISON SPEND ALMOST 24 HOURS A DAY IN CELLS THAT CAN HOLD UP TO 100 MEN WITH NO PHONE ACCESS TO CONTACT LAWYERS OR FAMILY.

THE SUPREME COURT HAS NOT RULED ON HOW MUCH AUTHORITY THE ALIEN ENEMIES ACT GIVES PRESIDENT TRUMP TO CARRY OUT THESE DEPORTATIONS. 

ON THE OTHER HAND, FEDERAL JUDGES IN MULTIPLE STATES, INCLUDING NEW YORK, TEXAS AND COLORADO HAVE ISSUED INJUNCTIONS TO HALT SOME OF THESE DEPORTATIONS. 

FOR STRAIGHT ARROW NEWS, I’M KALÉ CAREY 

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