Marshall joins fight supporting Trump’s deportation of Venezuelans despite due process concerns
Alabama Attorney General Steve Marshall is arguing the constitution gives President Donald Trump authority to deport people to third countries, according to a 27-state brief he has joined.
On March 15, the Trump administration deported hundreds of alleged gang members to an El Salvadoran prison known for its brutal and inhumane conditions.
About 238 Venezuelans were sent after Trump invoked the Alien Enemies Act of 1798, claiming the transnational gang, Tren de Arauga, was an “invading force.”
Civil and immigrants rights groups have argued the deportations of the individuals violated their rights to due process as the deportees had not been convicted of being gang members.
Reuters reported that many of them also had active asylum cases.
On Friday, a federal judge issued a nationwide temporary restraining order halting the Trump administration from deporting people to third countries unless they are given written notice and the opportunity to seek legal redress.
But Marshall and other Republican attorneys general believe the judge’s order infringes on the powers the constitution provides to Trump and should therefore be vacated.
“The district court also erred by failing to afford the President proper deference in his exercise of his statutory and constitutional powers,” the brief says.
“In doing so, the district court violated important principles of separation of powers.”
The attorneys general argue that Article II of the Constitution gives Trump great authority over national security and foreign affairs issues without needing Congress to exercise that power.
“This is about more than just one policy—this is about preserving the President’s ability to enforce the law. If the judiciary can strip the executive branch of its power to control immigration, it won’t stop there,” Marshall said. “The very foundation of our constitutional system is at risk if courts overstep their bounds and substitute their own policy preferences for the rule of law.”
The brief also argued that preventing the Trump administration from quickly removing alleged Tren de Arauga gang members harmed the “public interest.”
But the Trump administration has not provided evidence all of the deportees were gang members.
The Trump administration has admitted to sending a Maryland father with protected status to the El Salvadoran prison due to an “administrative error” and argued that they could not return him to America.
Aside from Alabama the states involved in the lawsuit include Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.