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Alan Dershowitz Shares His Prediction on Whether the Supreme Court Will Allow Trump to Deport Gang Members

Trump Administration’s Deportation Efforts Under Scrutiny

Alan Dershowitz, a professor emeritus at Harvard, shared his thoughts on Newsmax regarding the Supreme Court’s future role in the Trump administration’s attempts to deport foreign gang members.

On Tuesday, the Fifth Circuit Court concluded that President Trump’s actions against the Venezuelan gang, known as the Tren de Aragua, exceeded the intent of existing law. This case referenced an alien enemy law from 1798, with the two judges asserting that the gang’s activities did not constitute a national conflict. Speaking on “Records with Greta Van Susteren,” Dershowitz expressed his willingness to interpret immigration laws broadly in the context of modern threats.

“It’s a complicated question. Reasonable interpretations can vary, especially regarding large entries into the US from other lands. The decision was 2-to-1,” Dershowitz told host Van Susteren. “It’s hard to say what the Supreme Court might decide, but I think ultimately, the Trump administration will find a way to deport Venezuelan gang members through various legal interpretations.”

Dershowitz commented that the ruling from the lower court might not hold up under scrutiny.

“This isn’t a straightforward outcome; I don’t think it will last. I believe the president will be seen as having the authority to prevent foreign gang members from residing in the country in some form,” he added.

The Tren de Aragua gang emerged from a Venezuelan prison in 2013 and has since become a violent international crime organization with an estimated 5,000 members. Its influence has extended into at least 15 states in the US, and the Trump administration has officially classified it as a foreign terrorist organization through an executive order, alongside other significant gangs from Latin America.

During the authoritarian regime of President Nicolás Maduro, around 8 million Venezuelans fled the country. Many sought refuge in the US amid a surge in border crossings throughout the Biden administration. While some arrived illegally, others were processed under the previous administration’s programs for Cubans, Haitians, Nicaraguans, and Venezuelans, according to data from Customs and Border Protection.