Donald Trump’s acolytes continue to insist against providing due process to undocumented immigrants the government claims are gang members.
White House Deputy Chief of Staff Stephen Miller, an anti-immigrant legal activist, has set off on a campaign against “due process” for undocumented immigrants, or whatever he thinks due process is, in support of Trump’s mass deportation plot.
But that’s not how due process works. It was a judge who originally stated that Abrego Garcia could not be removed to El Salvador, and the government’s mistake caused him to be deported.
Jack Posobiec, a pitiable MAGA activist, also had a loose understanding of what due process is.
Most people never ask about that because the question doesn’t make any sense.
“No person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law,” the Fifth Amendment stated. Conservative Justice Antonin Scalia wrote in a 1993 Supreme Court ruling that “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
Earlier this month, the Supreme Court ruled that while the Trump administration could continue deportations under the AEA, it needed to provide detainees with the opportunity to file habeas corpus challenges, a complex and rarely successful legal procedure. The court also ruled that these needed to be filed to the U.S. Court of Appeals for the Fifth Circuit, a MAGA-aligned court in Texas where the deportation flights are staged.
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