Deportation and Due Process
In the middle of the night, over 260 Venezuelan immigrants are rounded up and detained by the government. Using wartime powers when we are not at war, even as a hearing is underway to adjudicate their status, they are placed on planes and sent to an El Salvadoran prison. The administration screams that these people are violent gang members who have committed heinous crimes in America, "the worst of the worst". Only....without due process, how do we know? Are we just supposed to take the administration's word for it?
We don't know that any of these people were gang members. We don't know that any of them were criminals. We don't know that no American citizens were among them. Hell, we don't even know that they were Venezuelan.
The administration has now admitted in court that many of those spirited off to a black hole prison (with no access to legal representation) were NOT gang members. One of the deported had a tattoo of his mother; ICE represented that as a gang tattoo. Are we just rounding up anyone with tattoos now? And the administration has now admitted in court that many of those deported had committed no crime. But the administration responds that they are confident that they WOULD have committed crimes. Based on what? "Well, we're certainly not going to share that intelligence with you." Ah, "thought crimes". I believe I read about those in Orwell's 1984.
So if this is allowed to stand, none of us is safe. One man and his agents can round you up in the middle of the night and disappear you to a black hole prison in another country without ever having to justify themselves. You had a tattoo, or you were the wrong nationality, or you said something that they didn't like in a Facebook post, or we merely THOUGHT that you MIGHT commit a crime at some future date. And you're just...gone...forever...poof. This is not America.
There is a reason the Constitution guarantees every "PERSON" the right of due process (not just every citizen). Because if they can do it to anyone, they can do it to you.
It's well known that Trump has been unhappy that his deportation numbers are lower than Biden's. So he put on a show. If you saw the film they produced for the news (complete with music), you should be smart enough to recognize a propaganda film when you see one. And Trump knows that most people aren't going to actually look into this or think about it much. They're just going to hear "worst of the worst" and that some "lowly" judge is trying to dictate foreign policy to the president and put murderers and rapists back on our streets. Impeach the judges!
The judges in question are simply doing their jobs--protecting YOUR rights by upholding the law and the Constitution. If a president can waive away the Constitution on no more than a pretext and never have to disclose any actual evidence to back it up...then there's a pretext waiting for you, my friend. I'm sure the propaganda film will be glorious.
And, make no mistake, federal district court judges do have the right to stop a president and his minions from illegal and unconstitutional acts. Ask George Bush or Barack Obama or Joe Biden. And a president does not have the right to ignore the orders of a federal district court judge. That's how our system works, you see. We have three CO-EQUAL branches of government. Congress (and only Congress) writes the laws, the president ensures that those laws are carried out AS WRITTEN, and the judiciary decides what the law is. There's an appeals process if you disagree with a lower court's ruling. If anything, the courts thus far have been TOO deferential to Trump.
Conservatives have, since well before Trump, pushed the theory of the "unitary executive". The logic goes that there are over 500 people in Congress and some 1700 federal judges, but only ONE president. Based on that, they say, the president is the ultimate authority. The corollary being that no one can question the authority of the president. Like most conservative theories, it almost makes sense...if you don't actually think about it. If that were true, then we'd have a king or a dictator. The theory fails because it is inconsistent with the plain language of the Constitution. The founding fathers made Congress Article One. The president is merely a number two, whose domestic "powers" are to do whatever Congress tells him to do. He has more powers in foreign policy. But, even there, Congress and the courts operate as a check.
I'm sure there are many who think, "Well, I'm not a Venezuelan gang member. This will never happen to me." Throughout the campaign and since, I have encouraged Trump supporters to read Martin Niemoller's famous quote...and to keep reading it until it sinks in. "...and then they came for me". Without due process we are, all of us, fucked. They will, eventually, come for you, too. That's how countries with unitary executives (i.e. dictators) work.
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