You could be at risk of arrest, detention, or deportation under the current administration. Yes, it’s true. You might think, “But, that shouldn’t apply to me.” Yet, if the administration ramps up its deportation efforts, it could very well include you—it’s a troubling reality, particularly since many never receive a fair trial.
Trump’s statements may complicate Abrego Garcia’s deportation case
The administration is misstepping, which they’ve even acknowledged. You may have heard about Kilmer Abrego Garcia, who was deported from Maryland to El Salvador earlier this year. The government’s own lawyers described it as an “administrative error.” He’s absolutely right to raise concerns. The Trump administration is reportedly paying millions to the Salvadoran government to keep him and 287 other men detained. They label these individuals as gang members, but many have no criminal records, either here or abroad. So, what’s the basis for their claims? Perhaps it’s based on soccer team tattoos or simply wearing Chicago Bulls hats.
There have also been unfortunate cases of US citizens being wrongly detained. For instance, Jose Hermosilo, at just 19, was picked up by Border Patrol in Tucson. His lawyers informed officials of his citizenship, but they were skeptical. He spent ten days in detention until his family managed to provide his birth certificate to an immigration judge. In another case, Julio Noriega was taken into custody in Chicago by ICE, despite having proof of his citizenship with him. Then there’s Bachil Atala, a Trump supporter, who was detained upon returning from family leave, suspecting him of being undocumented. Alarmingly, at least three US-born children have been taken away from their families without due process.
As mass deportations increase, these errors are likely to become more frequent. The administration claims that President Trump intends to more than double current deportation rates to meet his goal of clearing out one million people annually. An uptick in pace often leads to more mistakes.
It’s unrealistic to expect perfection from our government, regardless of which party is in power. Mistakes are, unfortunately, a part of the system; that’s why the Founding Fathers embedded safeguards in our Constitution. The Fifth Amendment specifies that no one should be deprived of life, liberty, or property without due legal process.
Constitutional Judge Antonin Scalia emphasized that the Fifth Amendment safeguards the legislative process concerning deportation cases. In April, the Supreme Court unanimously affirmed that immigrants have the right to contest their deportation before being forcibly removed from the country.
Despite this clear ruling, the administration is pushing to strip away these vital protections. President Trump questioned, “How can we provide legitimate procedures to those who have entered our country illegally?”
The answer is straightforward. These individuals must be informed of the charges against them, given the opportunity to speak with their lawyers, and allowed to present their case to a judge. The government should also be required to present evidence against them. While these hearings are considerably shorter than full criminal trials, they are crucial for allowing citizens to argue against wrongful deportation. This process saved Jose Hermosilo when he eventually proved his citizenship to a judge.
Time and again, the Trump administration has undermined basic protections—turning away legal representation and denying even the briefest hearings with immigration judges. They send individuals to foreign prisons, claiming they can’t manage them. If evidence shows someone shouldn’t be detained in the US, their sentence can indeed be reversed. However, the administration indicates that when deported to a facility in El Salvador, “there’s no way back.” Moreover, Stephen Miller, a senior advisor, mentioned that they are considering halting this constitutional right—allowing challenge to detention. Such a move would represent a significant and alarming step towards diminishing something we greatly rely on for our rights.
I acknowledge our immigration system is deeply flawed. Last year, I backed a proposal to invest billions to streamline the process for hiring more officers and immigration judges.
This approach is key to addressing backlogs without sacrificing legitimacy in due process. After all, due process matters to all of us.
Consider for a moment if this administration stopped you, facing pressure to meet its yearly deportation target of one million. Do you have identification on you proving your citizenship? What about your children or parents?
It’s not straightforward. Even valid non-citizen documents like driver’s licenses or Social Security cards won’t automatically confirm citizenship. Passports work, but not all Americans have them. Parents may misplace their children’s birth certificates. Acquiring such documents requires effort, which isn’t feasible under pressing circumstances.
If you were detained, what would you say to authorities? If you possess proof yet lack the chance for a hearing, who will listen to your side?
There’s no such thing as “legitimate process” that only applies to a selected group. Genuine due process is about being able to prove your innocence—you are innocent. Without it, anyone could become a victim of wrongful arrest and subsequent deportation, including you. If these vital procedures vanish, anyone could face the next administrative blunder.
