Trump's proposal to expel Americans increases legal alarms

If the government can expel an immigrant without regular procedure by claiming its member of a gang, what prevents him from doing the same to an American citizen?

This is the question that legal experts were struggling on Monday after President Donald Trump said he was exploring if American citizens that are guilty of violent crimes could be expelled in Salvador.

We also have local criminals who push people in the metros, who have struck elderly ladies at the back of the head with a baseball bat when they do not look, who are absolute monsters, Trump told journalists inside the oval office while organizing the president of El Salvador Nayib Bukele. I would like to include them in the group of people to get them out of the country.

Trump did not offer any details on how his administration would expel “local” criminals, or if he referred to naturalized citizens who were born outside the United States, but he said that the Attorney General Pam Bondi was studying the legality of such a proposal. The expulsion of American citizens would mark a spectacular escalation of the already aggressive Trump administrations of immigration and criminal justice, and has raised immediate legal and ethical issues of constitutional experts, who tell at the time that even the abolition of American citizens is going through a long -considered line.

Its very problematic constitution, if not illegal, explains Amanda Frost, an expert in immigration law and professor of law at the University of Virginia. It is a basic right of citizenship that you can stay in the country.

Trump's suggestion seems to rely on an agreement earlier this year between Washington and San Salvador which allowed the transfer of more than 200 Venezuelan nationals of these asylum seekers or criminals of American detention to American detention establishments in El Salvadors Terrorism Configurement Center.

Bukele, a populist leader with close ties with Trump, adopted the idea of ​​taking foreign prisoners in exchange for compensation, calling for a chance to outsource a part of [Americas] penitentiary system. The prison, designed to host members of alleged gangs under extreme surveillance, has become both a symbol of Bukeles's repression and a flash point for the world's defense of human rights groups.

Study the laws at the moment, Trump said that we have sent American citizens that are guilty of violent crimes to Salvadoral prisons. If we can do it, it's good. And I'm talking about violent people. Really bad people. Just as bad as those who arrive. He also suggested that Bukele should build five other prisons to make room for the Americans.

Legal experts claim that such comments may normalize the idea that American citizenship can be revoked by the idea of ​​executive action with little basis in law and a potentially dangerous precedent. The courts can also find a cruel and unusual punishment to send Americans to prisons in Salvador, where human rights groups say that around 350 people have died since Bukele began his war against gangs at the beginning of 2022. Critics of the Salvadoral Penitentiary System often say that detainees are detained without costs, refused by medical care and subject to conditions inhuman.

Stephen Yale-Loehr, an expert in immigration law and retirement professor of Cornell Law School, qualified the proposal to sow chaos and to fear even if the actions of the administrations are not legal. He warned that the transfer of American citizens from force to police custody could be unconstitutional under the eighth amendment, which prohibits cruel and unusual punishment.

When American citizens are found guilty of a crime, they serve time in a state or federal prison, then they are released, notes Yale-Loehr. They are not supposed to be expelled.

Legal researchers say that there is no constitutional or statutory authority to expel citizens born in the United States under any circumstances. Although federal law authorizes denaturalization, the revocation of citizenship can only be continued in rare cases, generally involving fraud during the naturalization process. Simply engaging in a crime, regardless of gravity, this is not a reason for counting a person from his citizenship.

Frost underlined the decision of the supreme courts of 1967 in Afroim v. Rusk, who judged that the government could not revoke the citizenship of someone without their consent. The decision came in response to efforts to strip the Americans of their citizenship during the Cold War for participating in certain political activities, such as voting in foreign elections or joining the Communist Party.

If Trump tried to go beyond the citizenship of people who were naturalized legally, legal experts say that it would be almost certainly considered unconstitutional. And the expulsion of a person who retains his citizenship, whether naturalized or born in the United States, is clearly prohibited under the existing law.

You can imprison American citizens, you can even execute people, you cannot remove them from the country, said Frost. It is the fundamental law of citizenship.

Although the Trump administration has not published any legal note describing how such deportations could work, defenders of rights say that even floating the idea could have a scary effect, especially among immigrant communities and naturalized citizens who may fear arbitrary detention or withdrawal.

I think people should be alarmed, says Yale-Loehr. I think that before people say, well, I am not an immigrant, so I don't have to worry. And now with this proposal, if he goes ahead, we must all worry.

Trumps' idea landed with deaf noise among Democrats on Capitol Hill, where legislators warned that this could create a dangerous previous to abuse presidential power. Donald Trump is a criminal condemned that he is expelled? Representative Jamie Raskin, a Maryland democrat, takes time.

We are talking about millions of people who have criminal convictions, adds Raskin, classification member of the Chamber's Judicial Committee. A criminal conviction is not a license to destroy the rights and dignity of a person. And you might think that Donald Trump, of everyone, understands it or should understand it.

Since his return to his duties, Trump has authorized a series of measures that have extended the examination of naturalized citizens, holders of green cards, the holders of legal visas and even American citizens suspected of speeches or behavior deemed threatening national security.

Federal agents arrested pro-Palestinian demonstrators, arrested from legal residents suspected of propaganda of Hamas propaganda and diverted foreign scientists in airports to express critical opinions of Trump's administration policies. In one case, a French scientist was denied entry to the United States after the officials examined his private messages criticizing the scientific agenda of Trumps. In another case, Dr. Rasha Alawieh, kidney specialist and professor at Brown University, was expelled despite a valid visa and an order from the court blocking his move. Federal agents have cited publications on social networks and funeral attendance as proof of links with Hezbollah.

The administration defended these actions as national security measures. Those who violate these laws will be treated, detained and deleted as required, said the spokesperson for domestic security, Tricia McLaughlin.

But for many legal researchers, the cumulative effect of these actions is an effort calculated to redefine which belongs to who does not make a legal and political framework of the Americas. Yale-Loehr and Frost say that the comments prevail over the comments, taken collectively, an effort to redefine citizenship as a conditional status for those considered undesirable. First of all, Trump was released with a decree trying to restrict citizenship of the birth law, says Yale-Loehr, and now, if he goes ahead and deports American citizens to foreign countries, it is another way of giving in someone from their citizenship.

It is a scheme, known as Raskin, which reveals a broader authoritarian impulse: expanding the limits of the presidential power by testing legal standards.

Everyone can see where it's going, says Raskin. He first violates the rights of undocumented persons, then violates the rights of documented legal residents, then he attacks the rights of citizens. It is therefore a mobile scale of constitutional injuries, and Trump sees how far he can go before stopping

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