President Trump Questions Immigrant Due Process Rights Amid Intensified Deportation Efforts

In a May 4 interview on NBC's 'Meet the Press,' President Donald Trump expressed uncertainty about whether immigrants in the U.S. are entitled to due process rights under the Constitution. His comments coincide with intensified deportation efforts by his administration, raising legal concerns. Despite Supreme Court rulings affirming due process for non-citizens, Trump's remarks have drawn scrutiny of his immigration policies. Legal experts and immigrant rights groups emphasize the constitutional guarantee of due process for all individuals, while the administration defends its deportation strategy as necessary for public safety.

Trump’s Remarks on Due Process

During the interview aired on Sunday, May 4, President Trump was asked by moderator Kristen Welker whether he agreed with Secretary of State Marco Rubio’s assertion that all individuals in the U.S., regardless of citizenship status, are entitled to due process. Trump responded, “I don’t know. I’m not, I’m not a lawyer. I don’t know,” adding that granting due process to all immigrants would require “a million or 2 million or 3 million trials” — a logistical burden he implied was impractical.

Trump’s comments contrast sharply with Rubio’s unequivocal stance. In a previous appearance on the same program, Rubio stated, “Yes, of course,” when asked if everyone in the U.S. deserves due process. The Fifth and Fourteenth Amendments of the U.S. Constitution guarantee due process and equal protection under the law to “any person,” not just citizens.

Legal Precedents and Supreme Court Rulings

The U.S. Supreme Court has consistently upheld the principle that due process protections apply to all individuals within the country’s borders, including undocumented immigrants. In recent months, the Court has issued several rulings reinforcing this standard.

On April 10, the Court ordered the Trump administration to facilitate the return of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported despite having a pending legal case. The administration acknowledged the deportation was an “administrative error,” but has yet to comply fully with the Court’s directive. Garcia remains detained in El Salvador, and a federal judge has demanded further information on the administration’s efforts to bring him back.

In another case on April 19, the Court temporarily blocked the deportation of a group of Venezuelan migrants accused of gang affiliations. The Trump administration had invoked a rarely used wartime statute to justify the removals, but the justices ruled that the migrants must be given notice and an opportunity to challenge their deportation — a core element of due process.

Despite these rulings, Trump has suggested that his administration will “obviously follow what the Supreme Court said,” while continuing to pursue aggressive deportation policies.

Immigration Enforcement and Public Concerns

Trump’s comments have intensified fears among immigrant communities and civil rights advocates. Organizations such as the Coalition for Humane Immigrant Rights Los Angeles (CHIRLA) report that undocumented residents are increasingly anxious about family separation and the erosion of legal protections. “We are encouraging residents to know their constitutional rights and demand due process,” said CHIRLA Executive Director Angelica Salas.

Legal experts emphasize that due process is not optional. Claudio Koren, a staff attorney with the nonprofit TODEC Legal Center, stated, “Any person in the United States has the same protection of the law of due process, regardless of immigration status and criminal history.”

Concerns have also been raised about the administration’s treatment of lawful residents and U.S. citizens. In the same interview, Welker asked Trump whether Americans should carry documentation to avoid being mistakenly detained. Trump replied, “I don’t think that’ll be necessary,” before pivoting to discuss crimes committed by undocumented immigrants.

Administrative Justifications and Political Messaging

The Trump administration has defended its deportation strategy as a necessary measure to protect public safety. Trump and his allies, including Border Czar Thomas Homan and Attorney General Pam Bondi, have emphasized the removal of individuals with criminal records or alleged gang affiliations. “With each criminal illegal alien being deported, neighborhoods are becoming safer,” Homan posted on social media.

However, critics argue that the administration is not consistently adhering to legal standards. In some cases, deportations have proceeded despite pending court reviews or without proper notice. The administration has also been accused of targeting individuals for political speech, including pro-Palestinian activism.

The administration’s approach has extended beyond enforcement to include efforts to destabilize immigrant rights organizations. According to Salas, “What this administration decided to do is both go after the immigrants, but also go after the immigrant rights organizations that serve those individuals by destabilizing their funding.”

Broader Implications and Ongoing Legal Battles

The legal and constitutional implications of Trump’s immigration policies continue to unfold in federal courts. While Trump has stated that he will comply with Supreme Court rulings, he has also criticized judges who rule against his administration. Legal observers expect further litigation as the administration attempts to expand its deportation efforts.

The case of Kilmar Abrego Garcia remains a flashpoint. Despite the Supreme Court’s unanimous decision, the administration has not yet facilitated his return. Critics view this as a test of the administration’s willingness to respect judicial authority.

Meanwhile, U.S. Immigration and Customs Enforcement (ICE) has reiterated its commitment to enforcing immigration laws. In a statement, ICE said it will continue to prioritize the removal of “criminal aliens” and warned that “any person illegally in the United States is at risk of arrest, detainment and removal.”

References

• Trump says ‘I don’t know’ when asked if he backs US due process rights
• Trump, asked if he has to 'uphold the Constitution,' says, 'I don't know'
• Trump says he doesn’t know if he needs to uphold constitutional due process
• Donald Trump's response to question on "due process" sparks alarm
• Trump expresses uncertainty over constitutional due process rights for citizens and noncitizens
• Eyewitness Newsmakers: Immigration policy and your rights