Alan Dershowitz, a constitutional scholar and former Trump impeachment defense attorney, argues that President Trump’s deportation policies will ultimately succeed on legal and constitutional grounds. He asserts that Trump’s use of executive authority, including the , falls within presidential power, despite objections from critics and judicial challenges.
### Key Points of Dershowitz’s Analysis:
Dershowitz claims Trump’s invocation of the Alien Enemies Act—a law historically tied to wartime or invasions—is legally defensible. While acknowledging the administration’s “uphill battle” to justify its application to Venezuelan migrants accused of gang ties, he argues that many deportees lack valid visas or green cards, simplifying their removal under standard immigration statutes.
Critics, including the ACLU, argue Trump’s policies bypass due process by deporting individuals without hearings. Dershowitz counters that due process for undocumented immigrants is distinct from citizens’ rights. He claims that if someone enters illegally, the government can deport them swiftly unless they actively challenge their status in court—a process he says many deportees avoid.
While federal judges have temporarily blocked some deportations, Dershowitz dismisses Trump’s calls to impeach judges as “rhetorical ploys.” He emphasizes that courts will ultimately defer to statutory and constitutional limits, not political posturing.
In the case of Venezuelans deported to El Salvador, Dershowitz suggests the administration’s reliance on preexisting removal orders (unrelated to the Alien Enemies Act) strengthens its legal standing. He argues that even if the 1798 law is deemed inapplicable, the deportations could proceed under standard immigration protocols.
### Conservative Perspective on the Merits
Dershowitz asserts that Congress could further solidify Trump’s position by passing laws to limit judicial oversight of immigration enforcement. He frames the administration’s actions as a necessary response to public safety concerns, stating, “The American public does not want living next door”.
Critics, including immigration advocates, warn that Trump’s policies erode constitutional safeguards and risk racial profiling. However, Dershowitz maintains that the and existing statutes will prevail in protracted legal battles.
