Jonah Patel
In a wide-ranging interview at his Mar-a-Lago resort in Florida, President Donald Trump said he did not know whether it was his job to uphold the US Constitution when it came to giving immigrants the right of due process. When asked by Meet the Press moderator Kristen Welker if every person on American soil was entitled to due process, Trump replied, I don't know. I'm not, I'm not a lawyer. I don't know. Trump's comments came as a surprise, especially since he had sworn an oath to preserve, protect and defend the Constitution of the United States just over 100 days prior.
| Characteristics | Values |
|---|---|
| Whether he has to uphold the Constitution | "I don't know" |
| Whether he will seek a third term | "I don't know" |
| Whether he backs constitutional due process rights | "I don't know" |
| Whether he will uphold due process for immigrants | "I don't know" |
| Whether he will uphold the Constitution when dealing with migrants | "I don't know" |
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What You'll Learn
Due process for immigrants
In an interview with NBC's "Meet the Press", former US President Donald Trump stated that he did not know whether he needed to uphold the US Constitution when it came to giving immigrants the right to due process. Trump's comments came amidst his long-promised campaign of mass deportations, which critics argue has chipped away at due process in the United States.
The US Constitution guarantees due process to everyone in America, including non-citizens. Due process ensures fair treatment and legal hearings when a person's freedom is at risk. It is a fundamental right that protects people against arbitrary government decisions and ensures fairness in legal matters. The Fifth Amendment of the Constitution states that "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law". The use of the term "person" instead of "citizen" in the Constitution indicates that these rights apply to everyone physically on US soil, regardless of their immigration status.
In practice, however, immigrants may not always be granted a hearing. The Trump administration's "zero-tolerance" immigration policy and the surge in family separations at the border have raised concerns about the legal rights of immigrants. The administration's decision to criminally charge immigrants has overwhelmed the courts, with some trials lasting only minutes per defendant. The administration has also implemented expedited removal processes, which allow for the immediate deportation of immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border, without a court hearing.
The Supreme Court has clarified that non-citizens have a fundamental right to challenge their detention and removal through habeas corpus, a protection that allows individuals to contest their detention and ensure that proper legal procedures are followed. The Court has also held that non-citizens with substantial connections to the United States have due process rights in deportation proceedings.
Despite these rulings, the Trump administration's policies have resulted in the rapid expulsion of non-citizens, including asylum seekers, often without traditional legal hearings. This has raised questions about the boundaries of constitutional protections in immigration enforcement and the administration's commitment to upholding due process rights for immigrants.
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Third presidential term
While the US Constitution's 22nd Amendment clearly states that "no person shall be elected to the office of the President more than twice", Donald Trump has frequently teased the idea of a third presidential term. In March 2025, he told NBC News that there were "methods" to achieve this, suggesting that there may be ways to circumvent the 22nd Amendment. Trump's supporters have also pointed to a potential loophole in the Amendment, arguing that it only explicitly bans someone from being "elected" more than twice, with no mention of "succession". This theory suggests that Trump could be the vice-presidential running mate to another candidate, who would then resign, allowing Trump to ascend to the presidency by succession. However, legal scholars dispute this interpretation, and changing the Constitution would require significant approval from the Senate, House of Representatives, and state-level governments, which is unlikely to be achieved.
Trump has not always been consistent on the issue of a third term. While he has acknowledged constitutional constraints, he has also said that he does not believe in loopholes and that he does not intend to run again. In an interview with NBC, he stated that he was "not looking at that" and that he did not want to talk about a third term, adding that four years was "plenty of time" to accomplish his goals. Trump has also floated potential successors, including Vice President JD Vance and Secretary of State Marco Rubio, indicating that he plans to leave office at the end of his second term.
Despite these statements, Trump has continued to hint at the possibility of a third term. In an interview with reporters aboard Air Force One, he claimed that many people had asked him to consider it, seeing it as a "fourth term" due to the "rigged" 2020 election. Trump's official merchandise store also began selling "Trump 2028" hats, with his son Eric pictured wearing one, suggesting a potential third term. Additionally, a resolution introduced by Republican congressman Andy Ogles in January 2025 sought to amend the Constitution to allow the president to be elected for up to three terms.
While Trump has not explicitly committed to seeking a third term, his comments and actions have fuelled speculation and concern among legal scholars and the public. The idea of a third term for any president contradicts the spirit of the 22nd Amendment, which aims to prevent the accumulation of too much power and the perpetuation of a single individual in office. The possibility of Trump seeking to extend his presidency through unconventional means underscores the contentious nature of his relationship with constitutional norms and the potential challenges to established political traditions.
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Deportation of Abrego Garcia
The deportation of Kilmar Abrego Garcia to El Salvador has sparked controversy and raised questions about the Trump administration's adherence to constitutional principles. Abrego Garcia, who had lived in the US for around 14 years, was shielded from deportation to El Salvador by an immigration judge in 2019 due to the likelihood of persecution by local gangs. However, in March 2025, he was arrested and deported despite having no criminal record.
The Trump administration initially claimed that Abrego Garcia's deportation was an "administrative error". However, they later alleged that he had ties to the MS-13 gang, designated as a terrorist organization. This allegation was used to justify his deportation and portray him as a security threat. The administration's actions prompted a federal judge, U.S. District Judge Paula Xinis, to order an inquiry into the refusal to seek Abrego Garcia's return, accusing the administration of ignoring court orders, obstructing the legal process, and acting in "bad faith". The Supreme Court upheld Judge Xinis's order, stating that the administration must "'facilitate' Abrego Garcia's release from El Salvador.
The Trump administration's response to the court orders has been criticized by legal scholars and Democrats as provoking a constitutional crisis. They argue that the administration is defying judicial rulings and undermining the separation of powers between the executive and judicial branches. The administration, on the other hand, has pushed back, claiming that the information regarding their efforts to rectify the situation is protected by various privilege laws and that the court's order does not force them to take specific actions.
The situation became more contentious as El Salvador's President Nayib Bukele refused to initiate Abrego Garcia's return to the US, claiming he lacked the power to do so. This created a diplomatic challenge, with some characterizing it as a Catch-22 situation. Despite these complexities, Abrego Garcia was eventually returned to the US in June 2025 to face criminal charges, marking a significant development in the high-profile legal battle.
The return of Abrego Garcia to the US suggests that the Trump administration was feeling the pressure from multiple court orders demanding his freedom. However, the administration's initial refusal to comply with the courts and its subsequent decision to put Abrego Garcia on trial in an American courtroom have raised concerns about the potential abuse of power and the denial of due process rights guaranteed by the Constitution.
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Trump's interpretation of the Supreme Court
In an interview with NBC's "Meet the Press", President Donald Trump stated that he did not know whether it was his responsibility as president to uphold the Constitution of the United States. This statement was made in the context of discussions around his mass deportation program and the right of immigrants to due process. Trump's response to questions about his duty to uphold constitutional due process rights was, "I don't know. I'm not, I'm not a lawyer. I don't know."
For example, in the case of Kilmar Abrego Garcia, a Salvadoran man who was wrongfully deported and imprisoned, the Supreme Court ordered the administration to work to return him to the US. However, Trump insisted that he was not involved in the legality or illegality of the situation and that he was relying on the Attorney General and his lawyers to handle it. Additionally, Trump has repeatedly claimed that the Court ruled in his favor, which is false.
Trump's comments and actions regarding the Constitution and the Supreme Court have sparked criticism and concern. Some have accused him of chipping away at due process and taking unconstitutional actions. His response to questions about his duty to uphold the Constitution has been described as a shrug and an inference that he might not uphold it. Trump's allies have defended him, claiming that the media is taking his comments out of context.
In conclusion, Trump's interpretation of the Supreme Court seems to be one of deference in theory but defiance in practice. He relies heavily on his lawyers' interpretations of the Court's rulings and has shown a willingness to reinterpret or ignore those rulings to suit his political goals. This has led to concerns about his commitment to upholding the Constitution and the rule of law in the United States.
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Trump's understanding of the Fifth Amendment
In May 2025, President Trump was asked whether US citizens and noncitizens both deserved due process as laid out in the Fifth Amendment of the US Constitution. He replied, "I don't know. I'm not, I'm not a lawyer. I don't know." When reminded by the interviewer that the Fifth Amendment indeed states that "no person shall be deprived of life, liberty, or property, without due process of law", Trump continued to be noncommittal, saying, "It seems — it might say that, but if you’re talking about that, then we’d have to have a million or two million or three million trials."
Trump's reluctance to uphold the Fifth Amendment in this instance may be attributed to his mass deportation program, which would be significantly slowed down by the need to provide due process to all individuals.
Interestingly, in August 2022, Trump himself invoked the Fifth Amendment during his deposition with the New York Attorney General Letitia James' office. This was a surprising move, given his previous criticism of those who pleaded the Fifth. During his 2016 presidential campaign, he had asked, "If you're innocent, why are you taking the Fifth Amendment?" However, in 2022, he stated that he had absolutely no choice but to invoke this right, citing the "unfounded, politically motivated Witch Hunt" he believed he was subjected to.
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Frequently asked questions
No, Trump has said he doesn't know if he has to uphold the Constitution.
No, Trump has said he doesn't know if citizens and noncitizens deserve due process.
Trump has acknowledged that a third term is prohibited by a constitutional amendment passed in 1947, but he has also said he doesn't know if this prohibition is constitutional.
No, Trump said he didn't know and that the interviewer would have to ask the attorney general.
Trump has said he doesn't know if he has to follow the Supreme Court's rulings, claiming that his lawyers interpret them differently.
