NO person? We’ll see.

 

“No person … shall be…deprived of life, liberty, or property, without due process of law …” Fifth Amendment, United States Constitution 

Nearly 70 years ago, when I was a young news reporter covering small town crime, our local cops were handed a new ruling, and were they pissed! The new procedure they were forced to use was called the “Miranda Warning.” In 1966 the Supreme Court decided that all criminal suspects must be informed of their constitutional rights before interrogation, particularly their right to remain silent and right to an attorney. Police officers were outraged…another liberal idea in favor of the criminals. Officers carried tiny copies of the Miranda Warning with them which they were forced to read to an alleged “perp” upon making an arrest. 

Just getting started in this news reporting business, I rather sided with the cops. It seemed to me that they were doing their best to catch bad people and lock them up. 

As years passed, however, I changed my mind. Decades later, when I got into this business of prisoner advocacy, I treasured the idea of “due process!” Here’s how AI describes the concept: Due process of law is a legal principle that requires the government to follow fair procedures and ensure fairness when it acts against individuals, particularly when it takes away their life, liberty, or property. It's a crucial part of the legal system, ensuring that individuals are treated fairly and that their rights are protected. 

Our constitution insists that you and I receive due process, regardless of how much money we have, and regardless of how significant or insignificant the charge. Whether petty theft or white-collar crime, due process must be granted! 

I raise the issue because of disturbing stuff you and I have been hearing in the national news. 

Some poor guy living in Maryland had fled to our country from El Salvador more than a decade ago after gang members tried to extort his family and recruit him into the gang. An immigration judge ruled in 2019 that he could not be deported to El Salvador — a humanitarian protection called “withholding of removal” — because of his fears that the gang would persecute him. 

Yet, on March 15, Albrego Garcia, who was living with his wife and child under this protected legal status in Maryland, was deported! No due process. Just shipped off! To make matters worse, the Trump administration said his deportation to El Salvador was an "administrative error!" Nevertheless, our stubborn President has resisted any effort to bring the man back, claiming that Garcia has ties to a gang designated as a foreign terrorist organization. Orders from the courts be damned. 

We really don’t have any idea whether this person is a terrorist or a threat to our society. It doesn’t really make any difference. Just like the little shoplifter or the big white-collar embezzler, he deserves “due process.” Our country has a system in place for deporting persons with evil intentions…one that does not include unannounced whisking away to other countries without “due process.” 

Mr. Trump should be reminded that getting his own way is not a win. Providing justice is a win! 

God help us if we lose “due process.”