Does MAGA have any idea what due process is? Do they care?
Donald Trump’s acolytes continue to insist against providing due process to undocumented immigrants the government claims are gang members.
In March, more than 200 alleged gang members, whose deportations to prison in El Salvador were expedited under the Alien Enemies Act, were denied the right to challenge their designation and removal under the AEA. In many cases, lawyers for the detainees were not even notified that their clients were being deported.
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.
During an appearance on Fox News Tuesday night, while discussing Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador, Miller claimed that “under the due process that these Democrats so venerate for illegal invaders, it is legally impermissible for him to have one more minute in this country.”
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.
Members of the Trump administration have claimed that Abrego Garcia is a “convicted” member of MS-13 who was “engaged in human trafficking” without providing any evidence. Due process would present an opportunity for the government to present any legal justification for an individual’s removal, but because it apparently has none, the process must be elided.
Jack Posobiec, a pitiable MAGA activist, also had a loose understanding of what due process is.
“Did Rachel Morin get due process? Did Laken Riley get due process?” he wrote in a post on X Tuesday, referring to two women who were killed by undocumented immigrants. “No one ever asks that.”
Most people never ask about that because the question doesn’t make any sense.
Due process is a legal protection for all people against the U.S. government set out in the Fifth Amendment, and then applied to states in the Fourteenth Amendment.
“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.”
Posobiec’s baseless comment echoes one from border czar Tom Homan, who said last month, “Due process? What was Laken Riley’s due process? Where were all these young women that were killed and raped by members of TdA, where was their due process?”
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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