Consider This from NPR: Can the U.S. Banish Its Citizens?
Episode Release Date: April 16, 2025
Introduction
In this episode of NPR's "Consider This," host Mary Louise Kelly delves into a provocative and timely issue: the possibility of the United States exiling its own citizens. This discussion is framed through the lens of Matt Ford's investigative reporting and historical precedents surrounding banishment and citizenship laws in America.
Matt Ford's Ancestral Insights and Historical Context
Matt Ford, a staff writer at the New Republic, begins by exploring his genealogy and uncovering the story of his 11th great grandparents, Lawrence and Cassandra Southwick, early settlers in the Massachusetts Bay Colony. Their Quaker beliefs led to their banishment under Puritan governance—a punishment that ultimately resulted in their death due to exposure and maltreatment on Shelter Island, New York.
"It was a sentence of banishment that became a de facto death sentence." – Matt Ford [00:56]
Legal Expert, speaking on historical practices, confirms the severity of banishment:
"It sounds like more or less... one step below the death penalty." [01:00]
This historical account sets the stage for understanding the gravity of any modern-day proposals to exile citizens.
President Trump's Proposal to Exile U.S. Citizens
The episode shifts focus to a contemporary issue involving former President Donald Trump. During an Oval Office meeting with Salvadoran President Nayib Bukele, Trump proposed sending U.S. citizens who commit crimes to El Salvador for indefinite detention.
"I'd like to include them in the group of people to get them out of the country." – Donald Trump [01:49]
This statement marks a radical departure from traditional U.S. policies, igniting debates about its legality and constitutionality.
Legal and Constitutional Analysis
Matt Ford discusses his investigation into the legality of Trump's proposal, highlighting that no constitutional or federal law currently supports the exile of U.S. citizens.
"The law is clear. It would be wildly unconstitutional." – Matt Ford [02:45]
Legal Expert elaborates on the absence of legal precedent and constitutional support:
"There really is no basis for that in the Constitution or in any federal law." [05:03]
The discussion underscores that U.S. citizens have robust constitutional protections, including the right to live in the country and protections against arbitrary exile.
Historical Legal Precedents
The episode delves into historical attempts to revoke citizenship, emphasizing that the U.S. Supreme Court has consistently protected the irrevocability of citizenship except in extreme cases (e.g., naturalized citizens who lied during immigration).
"Citizenship is more or less irrevocable unless done voluntarily." – Legal Expert [09:03]
These precedents highlight the improbability of successfully exiling U.S. citizens under current legal frameworks.
Current Events and Enforcement Issues
The conversation touches upon the case of Kilmar Abrego Garcia, a non-citizen mistakenly sent to El Salvador, raising concerns about the Trump administration's handling of deportations and potential abuses of power.
"She has a right to due process. That was not followed there." – Legal Expert [10:37]
This case exemplifies the real-world implications and dangers of misusing deportation powers.
Conclusion: Assessing the Viability and Risks
Matt Ford concludes that while the Trump administration may attempt to push the boundaries of constitutional law, the lack of legal foundation makes such actions highly unlikely to succeed without significant judicial intervention.
"There doesn't appear to be any legal or constitutional basis for those actions." – Legal Expert [11:07]
The episode serves as a cautionary tale about the fragility of constitutional protections and the importance of vigilant legal scholarship in safeguarding citizens' rights.
Production Credits
- Produced by: Connor Donovan
- Edited by: Courtney Dorning
- Executive Producer: Sammy Yenigun
This episode of "Consider This" provides a comprehensive exploration of a controversial proposal to exile U.S. citizens, intertwining historical context with contemporary legal analysis to inform and engage listeners on a critical issue facing American democracy.