Harvard Law Professor Emeritus Alan Dershowitz stated that former President Donald Trump does have a legal pathway to deport illegal migrants, but stressed that the process must respect due process protections. Speaking on Just the News, Dershowitz explained that while the Supreme Court has acknowledged the administration’s authority to carry out deportations, they emphasized the necessity of executing them correctly. He clarified that due process varies depending on the individual’s status—for example, a U.S. citizen must receive extensive legal protections, whereas a visa-holder is only owed a basic opportunity to contest allegations. His comments came after the Court temporarily halted Trump’s use of the Alien Enemies Act in Texas, returning the case to a lower court to resolve disputes over notice requirements and the law’s applicability.
The Supreme Court also ruled that the Trump administration could revoke Temporary Protected Status (TPS) for over 300,000 Venezuelans, a reversal of the Biden administration’s extension of protections. Dershowitz noted the executive branch holds the constitutional power to determine who may stay in the country, but must apply that power lawfully and fairly. He cautioned against restricting presidential discretion in immigration decisions, provided fundamental rights are honored. Separately, the Court issued a temporary stay on lower court rulings demanding transparency from the Department of Government Efficiency (DOGE), created by Trump via executive order. Critics argue the delay undermines accountability in a new agency aimed at reducing federal waste.