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I don’t think you know the meaning of “has to”. The law, including the constitution, isn’t any more “real” than money. It only exists because enough people agree it does and follow it.
The fact people have literally already been deported without trial proves they don’t “have to”.
Trump and his lackeys also figured out that it’s easier to do something illegal and wait for courts to catch up than to try to get greenlighted beforehand
Easier to ask for forgiveness, than permission.