Donald Trump cannot accept defeat. If he can’t get what he wants one way, he’ll try another. After getting his butt nipped with the child-parent separation nonsense he’s decided to go another direction. While being chauffeured to his Virginia golf resort he tweeted that illegal immigrants are not entitled to Constitutional protections and should be immediately be sent back over the border without a trial or any other legal protections. Trump, and I’m sure his minions in tow, believes the American legal system owes them nothing. Well, they are incorrect. Going back to James Madison, the Father of the Constitution, there have been numerous Supreme Court cases and reams of case-law supporting the idea that Constitutional protections apply to all in America, including those who are not citizens.
While we can argue about which part of the Constitution is the most important to us, the 5th Amendment’s guarantee of due process has to rank towards the top. The Amendment says in part:
No person shall be, “be deprived of life, liberty, or property, without due process of law…”
So what is due process? Simply stated, due process is what the all governments in America must provide all people to ensure they are being treated in a legal manner. A government cannot just grab you up, toss you in jail, without demonstrating there is sufficient reason to do so and that the agents of government have acted properly and within the bounds of Constitutional permission.
You all know about the Miranda rights, that an arresting officer has to tell you that you have the right to remain silent, etc. You are owed knowledge of your rights and the government’s agent must tell you of such at the time of arrest and before they begin questioning you.
You are owed habeas corpus which requires the arresting body to appear before a judge and prove your arrest was justifiable.
Many people on the far-right disagree that these protections apply to people who enter the country illegally. But again, many parts of the Constitution, major court rulings, and years of case-law and precedent prove otherwise.
For Trump to suggest anyone be deprived of their Constitutional rights is to move us all closer to the day when people of radical ideology and power might come at the rights of us all.
In a more common vernacular, we all have a dog in this fight and be careful of watch you wish for.
If you want to read further about how the Constitution protects both immigrants and citizens, click HERE.