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Are the Venezuelan Deportations Unconstitutional?
More than 250 alleged gang members arrive in El Salvador by plane on March 16, 2025, including 238 alleged members of Venezuela's Tren de Aragua gang and 23 alleged members of the MS-13 gang, after being deported by the U.S. (Photo by El Salvador Presidency / Handout/Anadolu via Getty Images)
The administration deported hundreds of people under the Alien Enemies Act. A judge stayed the order. That’s not a crisis. It’s how our system works.
By Jed Rubenfeld
03.21.25 — U.S. Politics
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A few days ago, President Trump invoked the 226-year-old Alien Enemies Act and flew hundreds of alleged Venezuelan gang members to El Salvador in the dead of night. In doing so, he arguably ignored a district court order and caused liberal talking heads to explode all over the country. Legal “experts,” The New York Times reported, say it’s a “constitutional crisis.”

But wait. Over a thousand American legal academics had already declared a “constitutional crisis” last month. Around the same time, Adam Schiff on MSNBC also said we were in a “constitutional crisis.” So did The Atlantic. So did The Washington Post.

The term “constitutional crisis” has been so abused and overused it is losing all meaning. When the president defies the Supreme Court, that will be a real constitutional crisis. We’re nowhere near that yet. Most importantly for those legal experts: Stop crying wolf. No one’s going to believe you if and when the constitutional crisis actually comes.

The Venezuelan deportation may be unconstitutional, as I’ll explain below, but it’s not a crisis.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Immigration
Deportations
Law
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