May 6, 2025
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4:36:47
1:40Now PlayingRep. Lauren Underwood, D-Ill., pressed Homeland Security Secretary Kristi Noem on what rights citizens and noncitizens have under the Constitution as the Trump administration pursues mass deportations.
Underwood asked Noem if every person in the U.S., including noncitizens, have the right to due process.
Noem began to respond by talking about the president's authority before Underwood cut her off to ask for a yes or no answer.
Underwood then asked if the U.S. government had the authority to deport U.S. citizens.
"No, and we are not deporting U.S. citizens," Noem responded.
"I'm happy to hear that you do not believe that the law gives you that authority, because the federal government has no authority under U.S. laws to deport any American citizen. And as I know, everyone viewing this hearing today knows, that several American citizens have been deported to date," Underwood said.
In an interview broadcast Sunday, President Donald Trump told NBC News' Kristen Welker he didn't know whether citizens and noncitizens were entitled to due process. "I'm not a lawyer," he said.
The Fifth Amendment states that "no person" shall be "deprived of life, liberty, or property, without due process." The 14th Amendment says no state shall "deny to any person within its jurisdiction the equal protection of the laws."
The Supreme Court has upheld the idea of rights for noncitizens, including through several recent decisions about the administration's actions.
Secretary of State Marco Rubio said last month that “of course" every person in the country has the right to due process.
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