President Donald Trump has raised questions about his role in the deportation of Venezuelan migrants, after suggesting that he didn’t sign the orders for their removal. The statement, made to reporters on Friday, has sparked concerns from legal analysts, with CNN’s Elie Honig questioning the legality of the actions.
Trump told reporters that “other people” handled the proclamation, pointing specifically to Secretary of State Marco Rubio. He praised Rubio, saying, “He has done a great job, and he wanted them out and we go along with that … We want to get criminals out of our country.”
When CNN’s Kaitlan Collins asked about his comments, Honig dismissed the idea that Trump was referring to the law itself, which dates back to 1798.
“Was he telling us, ‘I’m not John Adams, the guy who signed it back in 1798?’” Honig said on CNN’s The Source. “The obvious thing he was saying here is, ‘I didn’t sign this proclamation that was used last week to deport these individuals.’”
Honig pointed out that if Trump didn’t actually sign the proclamation, it would be a serious problem, as the law requires a presidential signature for the proclamation to be valid.
However, a copy of the proclamation, filed in the Federal Register, does show Trump’s signature, complicating the argument.
Honig’s comments come amid a growing legal battle over the Trump administration’s use of the 1798 Alien Enemies Act to speed up the deportation of Venezuelan migrants. The law is being used to justify deporting individuals allegedly linked to gang activity, despite challenges from U.S. District Judge James Boasberg, who had tried to block the deportation flights to El Salvador.
The judge expressed frustration with the administration for continuing the flights despite his order and demanded the planes be turned around. The administration argued that the flights were outside U.S. airspace when the order was issued, meaning the judge had no authority to stop them. Trump later called for the judge’s impeachment.
On Friday, Judge Boasberg vowed to get to the bottom of the issue, especially after the Justice Department refused to provide more details about the flights, citing national security concerns.
Honig seemed to agree with the judge’s concerns, pointing out flaws in the legal reasoning behind invoking the 1798 law.
“First of all, there has to be an invasion, and it has to be by a foreign government,” Honig explained. “But if you look at the proclamation—whether Trump signed it or not—it tries to make a very stretched argument that this situation qualifies as an invasion and that it’s linked to the Venezuelan government.”
Honig added that while most people agree criminals should not be allowed to stay in the U.S., there are other legal ways to deport people who are in the country illegally.
