Sen Rand Paul says Trump’s use of the Alien Enemies Act for deportations raises ‘big legal questions’

He said during a Sunday interview on CBS’ Face the Nation with Margaret Brennan, “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 really anyone in the United States the Bill of Rights applies to. On the other hand, the Alien and Enemies Act simply says, you really don't get much process. The president can simply declare that you are somehow a problem for foreign policy and opposed to our foreign policy, and you can be deported. “

He added, “So really, ultimately, this goes to the court, and then the court is going to have to decide, are they going to declare unconstitutional a law that's been around for a couple hundred years, or are they going to defer to Congress?”

Paul said that with the Alien Enemies Act, there is a “contradiction” between the act and the Constitution. “So we have a contradiction. We basically have the Constitution that says everyone, persons in the United States have due process rights, have the Bill of Rights on their side, but we also have law that has been in power for 200 years saying, oh, well, except for when the president wants to deport people. So these are in conflict. There will have to be some decision making,” Paul added.

Trump invoked the Alien Enemies Act on March 15 to deport over 200 Venezuelan gang members. The law was last used during World War II and allows non-US citizens to be deported without a hearing before an immigration or federal court judge.

US District Judge James Boasberg ordered the Trump administration to turn around the planes carrying the gang members bound for El Salvador, but the deportations proceeded. During a Friday hearing, Boasberg said he would determine if the Trump administration had violated his order. White House officials have stated they are in compliance with court orders and accused the Obama appointee of left-leaning bias and obstructing the lawful removal of alleged violent criminals.

Paul, who chairs the Senate Homeland Security and Governmental Affairs Committee, added that the conflict creates a battle between constitutional protections and presidential authority. He speculated that the Supreme Court "will uphold the Alien Enemies Act," adding, "It’s not necessarily my position but I think the court will uphold it.”

He continued, “I think there is going to be some process afforded by the courts for representation before you’re deported in most cases.”

Paul added that he believes the Supreme Court will eventually limit district judges’ power. “On the question of whether a district judge can make a ruling for the country, that’s a very big question. I do believe the Supreme Court is going to limit district judges from having nationwide rulings.”