The Spoke Editorial Board voted 16-4 in favor of this editorial, with 4 people abstaining.
The current sociopolitical climate of our country is scary to be living in — one where Immigration and Customs Enforcement (ICE) officers are snatching people off the street and where the Trump administration sends an innocent person to a Salvadoran prison with no way of returning home. It’s a lot to take in.
The actions of the current administration present the possibility of an even scarier reality: one where due process doesn’t exist. Enshrined in the Fifth Amendment, the right to due process gives people legal protections, like a court hearing, appeals or similar formal processes, against any governmental action that takes away “life, liberty and property.”
But the Trump administration has fired federal employees en masse in what the American Civil Liberties Union claims is a violation of their constitutional rights. The administration has refused to take action to return Maryland resident Kilmar Abrego Garcia, who the federal government deported to a Salvadoran prison in a “screwup,” in the words of Republican Senator John Kennedy. The right of due process has slipped further and further away from the average person.
The developments in Abrego Garcia’s case uniquely highlight the importance of due process. On March 12, ICE agents pulled Abrego Garcia over on his way home and, on March 15, sent him to El Salvador despite a 2019 court order that withheld his removal from the country. Abrego Garcia had no opportunity to contest his unlawful deportation — in other words, the Trump administration violated his right to due process, leaving him in a Salvadoran prison due to an “administrative error.”
Furthermore, the Trump administration has taken no action to fix its mistake, claiming that the facilitation of Abrego Garcia’s return is up to the president of El Salvador, despite the Supreme Court ordering the administration to act. The absence of clear action to return a resident of the United States who was deported without having been found guilty of a crime sets a dangerous precedent.
This due process violation highlights the Trump administration’s unwillingness to comply with the rule of law — the same rule of law that protects us and our rights. As a democratic society, this notion threatens the very fabric of our community.
It’s time to take action. Educate yourself on issues you care about and engage with your local and state governments. Protect the most vulnerable. Call your representatives and demand that the administration uphold the rule of law. It’s our duty to protect life, liberty and the pursuit of happiness for not only ourselves, but for all Americans.
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