Rand Paul avoids supporting Trump use of the Alien Enemies Act

Kentucky Republican Sen. Rand Paul isn’t fully endorsing President Donald Trump’s recent use of the rarely used Alien Enemies Act to deport a group of Venezuelan nationals accused of gang ties, warning that the move raises “big legal questions.”

“The Bill of Rights applies to everyone,” Paul said during an interview on CBS’ “Face the Nation” with moderator Margaret Brennan on Sunday. “The Bill of Rights doesn't specifically designate citizens … On the other end, the Alien Enemies Act says you don't get much process … The president can declare that you are somehow a problem for foreign policy … and you can be deported.”

Trump invoked the rarely-used Alien Enemies Act — which was last employed during World War II — on March 15 to deport over 200 alleged Venezuelan gang members. The sweeping wartime authority permits noncitizens to be deported without a hearing before an immigration or federal court judge.

The move set off a legal showdown between the Trump administration and U.S. District Judge James Boasberg, who had ordered the Trump administration to turn around the planes carrying deportees bound for El Salvador, though the deportations proceeded.

During a Friday hearing, Boasberg pledged to determine whether the Trump administration violated his order. Meanwhile, Trump administration officials have repeatedly insisted they are in compliance with court orders while accusing Boasberg — who was appointed by former President Barack Obama — of left-leaning bias and obstructing the lawful removal of alleged violent criminals.

Errors with the deportations have already surfaced, according to Lee Gelernt, an attorney at the American Civil Liberties Union defending the Venezuelans targeted by Trump’s order. At least one deportee was not Venezuelan and others were women, whom the Salvadoran government refused to accept and were instead flown back to the United States.

Paul, who chairs the Senate Homeland Security and Governmental Affairs Committee, said that the situation presents a clash between constitutional protections and presidential authority. If Trump follows through on his intention to take the case to the Supreme Court, Paul predicted that the judges will likely back the administration’s use of the act and hinted at a possible discomfort with that outcome.

“My guess is they will uphold the Alien Enemies Act,” he said. “It's not necessarily my position but I think the court will uphold it.”

However, Paul also seemed to think that Trump's immigration agenda will not progress without some inclusion of due process, but declined to go into detail on what that could look like.

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

As part of the larger debate about federal judges impeding Trump’s agenda, including his administration’s aggressive crackdown on immigrants lacking permanent legal status, Rand said he suspects 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,” he said. “I do believe the Supreme Court is going to limit district judges from having nationwide rulings.”