- Trump repeatedly stated I don't knowwhen asked about upholding constitutional due process rights
- Legal experts confirm Fifth Amendment protections apply to noncitizens in deportation cases
- President proposed bypassing trials for millions of migrants despite Supreme Court precedent
- Critics warn of authoritarian tactics in immigration enforcement strategies
In a startling exchange with NBC News, former President Donald Trump declined three times to confirm his constitutional obligation to uphold due process rights for noncitizens. This unprecedented stance from a sitting president comes as federal courts block his administration's mass deportation plans, creating what legal scholars call a dangerous constitutional flashpoint.
The controversy centers on Trump's response to questions about the Fifth Amendment, which explicitly states protections for no person- language the Supreme Court has repeatedly interpreted to include undocumented immigrants. We can't have a trial for every single person,Trump argued, claiming deportation hearings would require millions of trialsdespite existing streamlined immigration court procedures.
Constitutional law expert Michael Gerhardt emphasized the historical significance: Every president since Washington has publicly affirmed their oath to defend the Constitution. Trump's refusal to do so undermines 250 years of executive branch precedent.Data from Syracuse University's TRAC system reveals immigration courts currently complete 72% of cases within 3 years, contradicting Trump's claims about systemic delays.
Industry Insight: The Department of Justice employs 650 immigration judges nationwide, each handling an average caseload of 2,300 pending matters. A regional analysis shows California's San Francisco court faces 45,000 backlogged cases - equivalent to 22 years of hearings at current staffing levels.
Trump's suggestion to appoint judges who would expedite deportations without due process drew sharp rebukes. Former immigration lawyers association president David Leopold warned: Eliminating hearings would create a conveyor belt system violating multiple constitutional amendments. This isn't how a constitutional republic operates.
The White House later clarified that Trump respects the Constitutionbut believes immigration laws require modernization. However, Senate Democrats and some Republicans like Rand Paul have united in condemning the remarks, with Chuck Schumer calling them deeply un-American.As legal challenges to Trump's policies mount, this constitutional showdown appears poised to reach the Supreme Court.
