Gov. Hochul and Legal Expert on Trump's Constitution Remarks

Governor Hochul's Reaction to Trump's Comments

• 🏛️ Governor Kathy Hochul expressed shock and concern over former President Trump's remarks questioning due process rights for undocumented immigrants under the U.S. Constitution.
• ⚠️ She stated that any official taking an oath of office, including the President, must uphold the Constitution, warning that failing to do so could lead to the downfall of democracy.
• 🗣️ Hochul characterized Trump's stance as a sign that he "doesn't give a damn about the U.S. Constitution," which she finds frightening.

Legal Analysis of Due Process and the Constitution

• ⚖️ CNN legal analyst Steve Vladeck explained that the oath of office is a solemn promise to "preserve, protect and defend the Constitution."
• 📜 Vladeck highlighted that the Fifth Amendment explicitly states "no person," not "no citizen," indicating it protects non-citizens, including undocumented immigrants.
• 📚 The Supreme Court has consistently held that non-citizens have a right to due process, with a recent unanimous decision affirming this even in the context of the Alien Enemy Act.
• ❓ He clarified that while the extent of due process can vary, the fundamental right to some process before removal is not up for debate.

Administration's Compliance with Court Rulings

• 🚧 Vladeck described the current situation as a "weird state" where the administration is not openly defying court rulings but also not actively complying with them, likening it to "testing the fences."
• 🧩 He noted that the administration's interpretation of terms like "facilitate" and "effectuate" in court orders is open to interpretation, leading to a "fast and loose dance" in legal proceedings.
• ⏳ Historically, administrations have understood their obligation to take affirmative steps to comply with court orders, even if it meant bringing individuals back, a stance that appears to be changing.

Future Legal Battles and Deportations

• 🚫 Several federal district court orders currently prevent the administration from removing individuals under certain statutes, with some rulings being categorical.
• ⚖️ A significant legal fight is anticipated regarding the 150-275 men already removed under the Alien Enemy Act, should courts later deem those actions unlawful.
• 🤝 The debate will then shift to what affirmative steps federal courts can compel the executive branch to take, such as ceasing payments to foreign governments or making requests for release.