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Should migrants facing deportation have the right to go to court? What a poll found

A slim majority of Americans believe immigrants facing deportation should have a right to go to court, according to a new poll. It comes after the Trump administration deported Venezuelan migrants under the Alien Enemies Act.
A slim majority of Americans believe immigrants facing deportation should have a right to go to court, according to a new poll. It comes after the Trump administration deported Venezuelan migrants under the Alien Enemies Act. Photo from Bonnie Kittle, UnSplash

Most Americans believe that immigrants facing deportation should be given the chance to mount a legal defense, according to a new poll.

In the latest YouGov/Economist poll, 52% of respondents said migrants facing deportation should have the right to dispute it in court. Meanwhile, 33% said they should not have this right, and 15% said they weren’t sure.

The poll — which sampled 1,440 registered voters March 22-25 — revealed a stark partisan divide on this question.

Majorities of Democrats and independents — 85% and 55%, respectively — favored migrants’ right to go to court, while most Republicans, 64%, opposed it.

The poll comes after President Donald Trump ordered the deportation of hundreds of Venezuelan migrants without due process to a prison in El Salvador.

He cited his authority under the Alien Enemies Act — a rarely used 1798 wartime law — to deport the migrants, whom he claimed were gang members, according to the Associated Press.

On March 15, a district judge ordered a temporary pause on the removal of the migrants, stating he would review whether or not Trump’s actions were legal, according to Politico.

The case is currently playing out in court, and the judge said he is determining if the Trump administration defied his order by continuing to carry out deportations.

More findings from the poll

The poll asked respondents whether or not they approved of Trump’s move to transport migrants to a Central American prison without hearings.

A plurality, 47%, said they disapproved of the decision, while 35% said they approved and 18% said they weren’t sure.

Here, again, there was a large partisan split, with most Democrats and independents — 77% and 51% — saying they disapproved, while 70% of Republicans said they approved.

The poll — which has a margin of error of 3.4 percentage points — also revealed that most Americans believe the government has made at least some mistakes when carrying out deportations.

Thirty-one percent said it is making many mistakes; 22% said it is making some, and 20% said it is making “only a few.” Just 14% said they believe the government is making no errors, and 13% said they weren’t sure.

Majorities of Democrats, independents and Republicans said they think at least a few mistakes have been made.


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Additionally, respondents were asked if they believe “the Trump administration should obey court orders when deporting immigrants.”

Nearly two-thirds, 64%, said the government should comply with court orders, while 18% said it should not, and 18% said they weren’t sure.

Strong majorities of Democrats and independents — 88% and 66% — said the government should obey judicial orders, while just 40% of Republicans said the same.

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This story was originally published March 26, 2025 at 4:36 PM with the headline "Should migrants facing deportation have the right to go to court? What a poll found."

BR
Brendan Rascius
McClatchy DC
Brendan Rascius is a McClatchy national real-time reporter covering politics and international news. He has a master’s in journalism from Columbia University and a bachelor’s in political science from Southern Connecticut State University.
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