“We Cannot Give Everyone a Trial” Trump Says in Post Blasting the Supreme Court
President Donald Trump castigated the Supreme Court for its weekend ruling against his plans to deport dozens of Venezuelan immigrants without recognizing their due process rights, claiming in a Truth Social post on Monday that it would be impossible to grant everyone the right to a trial that is guaranteed under the U.S. Constitution.
The high court’s order was issued on Saturday after a petition from the American Civil Liberties Union (ACLU) of Texas asked for an expedited decision, warning that the administration was trying to deport the Venezuelans to El Salvador without allowing them to argue they were being improperly punished.
Earlier this month, the Supreme Court ruled that the Trump administration could use the Alien Enemies Act of 1798 to justify the deportation of immigrants living in the U.S., ostensibly to deport people who are allegedly members of violent gangs. That ruling came with some strong caveats, however, including that those subjected to the law and threats of deportation must be afforded the right to be notified of — and challenge — the administration’s claims.
Despite that decision, it appeared as though the administration was preparing another round of deportations based on the Alien Enemies Act, prompting the ACLU to request quick intervention from the Supreme Court. In his Monday post, Trump decried the court’s order, though he lavished praise on Justice Samuel Alito, who dissented against it by misrepresenting key facts in the case.
“Great Supreme Court Justice Samuel Alito correctly wants to dissolve the pause on deportations. He is right on this!” Trump wrote.
The president also expressed a desire to dismantle the long-established right of immigrants to challenge detentions or deportations in courts, erroneously suggesting that allowing trials to move forward would be impossible.
“We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years,” Trump said.
The president’s words contradict the direct and plainly written direction of the U.S. Constitution, particularly the Fifth Amendment, which states that “No person shall be…deprived of life, liberty, or property, without due process of law” — a clause that decades of judicial precedent has established also applies to immigrants living in the U.S.
Critics were quick to call out Trump for his stated desire to upend those rights.
“Just take a moment to absorb [what Trump said],” wrote Dan Sohege, director of human rights advocacy group Stand for All, responding to Trump’s Truth Social missive on Bluesky. “Say you actually support Trump. Now imagine a President you don’t support saying it. There is a reason the rule of law, and human rights, have to apply universally, because undermining them undermines them for everyone.”
“The constitution says all PERSONS, not citizens, persons, deserve due process,” rapper Talib Kweli said. “Trump is trying to eliminate courts. He thinks he was elected to be king.”
Lisa Hajjar, a professor of sociology at the University of California, Santa Barbara, issued a similar post.
“This kind of sovereign kingly abuse was banished by habeas corpus and the Magna Carta,” Hajjar wrote. “Trump wants to make the Dark Ages great again.”
Trump’s post came just days after his Department of Justice (DOJ) advised immigration judges, who are technically under the purview of the executive branch, to expedite asylum cases for migrants who have recently come to the U.S. by making judgments on them without holding hearings, disallowing those individuals from being able to present evidence in their favor. Several legal experts spoke out against the directive, noting that it may flout federal law and due process rights for those migrants.
“Immigration judges must use independent judgment, and under the statutes and existing regulations, they must allow a person to submit, supplement and testify to the facts supporting their request for asylum,” said Lenni Benson, a professor at New York Law School who specializes in immigration, speaking to The New York Times.