President Trump’s Misrepresentation of Supreme Court Ruling Undermines Due Process for All Americans

White House signals Trump is considering the unprecedented deportation of U.S. citizens, raising urgent constitutional concerns.

Washington, D.C. – Voto Latino is sounding the alarm following President Trump’s recent statements mischaracterizing a Supreme Court ruling regarding the rights of immigrants to judicial review. 

The president’s press secretary falsely implied that the Court endorsed broad executive power to deport immigrants without legal recourse—an assertion that directly contradicts the Court’s opinion and the Constitution.

In reality, the Supreme Court reaffirmed a long-standing constitutional principle: “It is well established that the Fifth Amendment entitles aliens to due process of law.” The Court made clear that individuals facing removal are entitled to both adequate notice and judicial review before deportation can proceed.

• In a forceful dissent, Justice Sonia Sotomayor warned of the dangerous precedent the administration’s position would set, writing:

“This conduct poses an extraordinary threat to the rule of law.

• Justice Ketanji Brown Jackson echoed these concerns by referencing Korematsu, the infamous Supreme Court case that upheld Japanese American internment during World War II. Though widely condemned as “gravely wrong the day it was decided,” it remains a sobering reminder of the dangers of sacrificing civil liberties in moments of fear and unchecked executive power.

“At least when the Court went off base in the past, it left a record so posterity could see how it went wrong. See, e.g., Korematsu v. United States, 323 U.S. 214 (1944).”

• Justice Amy Coney Barrett, a Trump appointee, affirmed the fundamental right to due process by joining Parts II and IIIB of Justice Sotomayor’s dissent, which states:

“The Fifth Amendment requires the Government to afford plaintiffs notice after the date of this order that they are subject to removal under the Act, within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.” 

Despite these constitutional safeguards, the Trump administration has continued to carry out deportations that violate basic due process—most alarmingly in the case of El Salvador. As recently reported by 60 Minutes, the majority of individuals deported to El Salvador under Trump’s policies did not have criminal records. These deportations were conducted rapidly, often without adequate notice or access to legal representation.

“Make no mistake—President Trump’s ongoing efforts to erode due process protections represent a serious threat to all Americans. This administration has effectively declared open season on everyone, regardless of guilt or innocence. And even in cases where accountability is warranted, the Constitution guarantees every individual the right to due process. That principle is not up for debate.”

Yesterday, those efforts escalated after the White House Press Secretary stated that President Trump is actively considering the deportation of U.S. citizens with criminal records. 

“The president has said if it’s legal, if there’s a legal pathway to do that, he’s not sure, we are not sure if there is, it’s an idea that he has simply floated and has discussed uh, very publicly, in the effort of transparency.”

Such a move would be a blatant violation of the Constitution and a dangerous escalation in the administration’s disregard for citizenship rights and legal norms. Voto Latino remains committed to defending the rule of law and fighting back against policies that endanger the civil liberties of all Americans—immigrant or not.

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Voto Latino is a civic advocacy organization dedicated to educating and empowering the next generation of Latino voters while working to build a more inclusive and representative democracy. Since its founding, Voto Latino has registered nearly two million voters. In 2024, the organization took legal action to protect voting rights, filing multiple lawsuits in Texas, Arizona, and North Carolina to safeguard access to the ballot ahead of the elections.