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Senate Democrats plan to force vote on resolution for transparency on deportations to El Salvador

Senate Democrats plan to force vote on resolution for transparency on deportations to El Salvador
President Trump is continuing to talk about sending US citizens to prison in El Salvador. It's unclear exactly how this would work, but one thing seems likely it would violate the US Constitution and potentially several laws, including one that Trump himself signed in his first term. El Salvador's prisons are harsh, and they're also out of the reach of US courts. That's one of the reasons Trump has pushed to try and send US citizens to these prisons. He says he only wants to send violent offenders, but even violent offenders who are US citizens are guaranteed access to US courts and rights guaranteed in the US Constitution that wouldn't be operative in El Salvador. Out of the gate, that would seem to make this clearly illegal and unconstitutional. Ironically, Trump himself championed and signed during his first term, *** law called the First Step Act. This criminal justice reform law requires federal prisons to try and house inmates within 500 miles of their homes, so that the inmates' families can visit them and they can maintain connections to their community. El Salvador is far more than 500 miles from anywhere in the United States. So the very law that Trump himself signed would seem to prevent him from transferring US prisoners to El Salvador. There are potentially some ways Trump could try and get *** small number of citizens sent to prison in El Salvador. He would have to try and strip them of their US citizenship first because only immigrants can be transferred against their will to other countries. He can't strip natural born citizens of their US citizenship, but if somebody came to the US as an immigrant and earned their citizenship, there are *** couple of very specific reasons that the government can move to rescind their citizenship. They'd have to prove something like funding of terrorist organizations or lying on their naturalization applications or immigration forms. This has happened before, but very, very rarely. It is, however, *** potential loophole that the administration could exploit. It's hard to see many other ways that the administration could legally send US citizens to El Salvador.
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Senate Democrats plan to force vote on resolution for transparency on deportations to El Salvador
Senate Democrats plan to force a vote in the coming weeks on a resolution to require more transparency from President Donald Trump’s administration about deportations to El Salvador.Related video above: Trump says he wants to imprison US citizens in El Salvador. That’s likely illegalThe resolution announced by Virginia Sen. Tim Kaine on Thursday comes after two votes on Democratic resolutions challenging Trump's tariffs. It is part of a larger strategy by Democrats to continue using mechanisms under the law to take floor time from majority Republicans and vote on reversing parts of Trump’s agenda.“These votes are all about curbing executive power,” said Kaine, who was also a lead sponsor on the two tariff bills. “That is a unifying theme.”The new resolution would force Trump's Republican administration to report to Congress about what steps it is taking to comply with courts that have determined the U.S. government wrongfully deported immigrants to El Salvador. Democrats have highlighted the case of Kilmar Abrego Garcia, who was mistakenly deported to the Central American country and who a Maryland judge has said should be returned to the U.S.Kaine said that Democrats want to put Republicans on record on that case and others while also pressuring the government of El Salvador, which is working with the Trump administration. The resolution would also require the Trump administration to reveal more information about money paid to El Salvador and assess the country’s human rights record. Leaders in El Salvador will have to deal with the United States long past Trump’s tenure, Kaine said, and “we’re going to have a very long memory about this.”Democrats have been under pressure from base voters to use their limited powers in the minority to fight Trump on all fronts. While the resolution is unlikely to get a vote in the House even if it passes the Senate, Democrats say it is about bringing attention to issues and forcing Republicans to go on record where they are reluctant to speak out publicly against Trump.“We have limited tools, but this is an effective tool,” said Maryland Sen. Chris Van Hollen, who is backing the resolution and visited Abrego Garcia in El Salvador two weeks ago.Democrats have already forced a handful of votes on the Senate floor, including the two tariff votes last month. The Senate in early April passed a resolution that would have have thwarted Trump’s ability to impose tariffs on Canada, but Republicans this week narrowly blocked a similar resolution that would have stalled Trump’s global tariffs announced several weeks ago. Four Republicans voted with Democrats on the first tariff measure, and three Republicans voted with them on the second resolution.The Democrats are forcing the votes under different statutes that allow so-called “privileged” resolutions — legislation that must be brought up for a vote whether majority leadership wants to or not. The resolution being introduced Thursday is under the Foreign Assistance Act, which allows any senator to force a vote to request information on a country’s human rights practices.Senate Republicans pulled similar maneuvers during President Joe Biden’s administration under the Congressional Review Act, which allows lawmakers to force votes on rescinding regulations.In addition to forcing votes, Democrats would like to expand the Congressional Review Act to help them reverse Trump's mass firings at federal agencies. Oregon Sen. Jeff Merkley and California Rep. Maxine Waters introduced bills in the Senate and House on Thursday that would make any president's federal workforce reductions subject to that law and eligible for automatic votes on Capitol Hill if Congress wants to reverse them.It is unclear if any Republicans would vote with Democrats on the El Salvador resolution. Most Republicans have enthusiastically embraced Trump's border policies, even if some are wary of the administration's defiance of court orders and some Americans think Trump has gone too far.While symbolic, Kaine said he hopes the votes on the resolutions will force Republicans to feel pressure and potentially slow down future actions by Trump.“It’s a way of shining a spotlight on this issue,” Kaine said.___Congressional Correspondent Lisa Mascaro contributed to this report.

Senate Democrats plan to force a vote in the coming weeks on a resolution to require more transparency from President Donald Trump’s administration about deportations to El Salvador.

Related video above: Trump says he wants to imprison US citizens in El Salvador. That’s likely illegal

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The resolution announced by Virginia Sen. Tim Kaine on Thursday comes after two votes on Democratic resolutions challenging Trump's tariffs. It is part of a larger strategy by Democrats to continue using mechanisms under the law to take floor time from majority Republicans and vote on reversing parts of Trump’s agenda.

“These votes are all about curbing executive power,” said Kaine, who was also a lead sponsor on the two tariff bills. “That is a unifying theme.”

The new resolution would force Trump's Republican administration to report to Congress about what steps it is taking to comply with courts that have determined the U.S. government wrongfully deported immigrants to El Salvador. Democrats have highlighted the case of Kilmar Abrego Garcia, who was mistakenly deported to the Central American country and who a Maryland judge has said should be returned to the U.S.

Kaine said that Democrats want to put Republicans on record on that case and others while also pressuring the government of El Salvador, which is working with the Trump administration. The resolution would also require the Trump administration to reveal more information about money paid to El Salvador and assess the country’s human rights record. Leaders in El Salvador will have to deal with the United States long past Trump’s tenure, Kaine said, and “we’re going to have a very long memory about this.”

Democrats have been under pressure from base voters to use their limited powers in the minority to fight Trump on all fronts. While the resolution is unlikely to get a vote in the House even if it passes the Senate, Democrats say it is about bringing attention to issues and forcing Republicans to go on record where they are reluctant to speak out publicly against Trump.

“We have limited tools, but this is an effective tool,” said Maryland Sen. Chris Van Hollen, who is backing the resolution and visited Abrego Garcia in El Salvador two weeks ago.

Democrats have already forced a handful of votes on the Senate floor, including the two tariff votes last month. The Senate in early April passed a resolution that would have have thwarted Trump’s ability to impose tariffs on Canada, but Republicans this week narrowly blocked a similar resolution that would have stalled Trump’s global tariffs announced several weeks ago. Four Republicans voted with Democrats on the first tariff measure, and three Republicans voted with them on the second resolution.

The Democrats are forcing the votes under different statutes that allow so-called “privileged” resolutions — legislation that must be brought up for a vote whether majority leadership wants to or not. The resolution being introduced Thursday is under the Foreign Assistance Act, which allows any senator to force a vote to request information on a country’s human rights practices.

Senate Republicans pulled similar maneuvers during President Joe Biden’s administration under the Congressional Review Act, which allows lawmakers to force votes on rescinding regulations.

In addition to forcing votes, Democrats would like to expand the Congressional Review Act to help them reverse Trump's mass firings at federal agencies. Oregon Sen. Jeff Merkley and California Rep. Maxine Waters introduced bills in the Senate and House on Thursday that would make any president's federal workforce reductions subject to that law and eligible for automatic votes on Capitol Hill if Congress wants to reverse them.

It is unclear if any Republicans would vote with Democrats on the El Salvador resolution. Most Republicans have enthusiastically embraced Trump's border policies, even if some are wary of the administration's defiance of court orders and some Americans think Trump has gone too far.

While symbolic, Kaine said he hopes the votes on the resolutions will force Republicans to feel pressure and potentially slow down future actions by Trump.

“It’s a way of shining a spotlight on this issue,” Kaine said.

___

Congressional Correspondent Lisa Mascaro contributed to this report.