Let me make something perfectly clear right now; I am not a lawyer, a scholar of Constitutional Law or any kind of law for that matter. However, I have always had a keen interest in American jurisprudence. And one of the things I found in my research on the subject is how powerful and unique the American justice system is. Our base concept of Innocent Until Proven Guilty was as revolutionary as the creation of the Country itself. And in many ways, it still is with many countries around the world observing the opposite.
It was one tenet of a justice system that is very much stacked in favor of the accused rather than the accuser. The Founding Fathers had come from a time and place where justice was firmly in the hands of the powerful to the detriment of the normal citizen. So, our laws were written in an effort to prevent this from happening to a new Country and a new world. To achieve this, the framers of our Constitution made sure that these laws were influenced by the ideal that it is better to free 10 guilty men than unjustly punish an innocent one. It’s a moral code that seeks a higher form of justice by preventing the abuse of power. It’s all part of what we call DUE PROCESS, i.e. theoretically, everyone has equal justice under the law. It made the American legal system the envy of the world.
With that in mind, I’m more than outraged by the mass, government sanctioned deportation of undocumented immigrants for incarceration in a prison in a foreign country that can only be described as a hellish gulag. I’M PISSED OFF!
First, I deliberately did not use the term “illegal immigrants” because as we are finding out, despite the Administration’s claims that they are ridding of us solely of vicious gang members from other countries, mistakes have been made! Using minimally reliable police methods like tattoos and baseball caps to identify individuals as gang members, raids have already collected thousands of individuals for deportation and imprisonment in El Salvador. There is only one problem: the was NO DUE PROCESS. None of these men were given access to lawyers or even had hearings much less a trial where they may have presented evidence of their innocence or even immigration status. No one wants dangerous gang bangers infiltrating our society. But without DUE PROCESS, how do we know that they are ALL criminals?
The most glaring example is the case of Kilmar Abrego Garcia, a Maryland man, father, and husband to an American citizen who was taken ILLEGALLY by Federal ICE agents and deported to El Salvador. Abrego Garcia had originally entered the Country illegally but had lived in Maryland without incident for years. He also had been given protected status by a federal judge which should have prevented his deportation. Citing his tattoos and photos of him wearing a Chicago Bulls baseball cap as evidence of his gang affiliation and little else, he was taken from his wife and children. He was NOT given any kind of hearing, trial or immediate access to a lawyer. DUE PROCESS is the American system of justice that should be applied to everyone in this Country regardless of their status. Why? Because it’s the RIGHT thing to do. It’s the moral thing to do. It’s the AMERICAN thing to do. It’s what makes us who we are!
When confronted by the actual EVIDENCE that Abrego Garcia had protected status and no known prior convictions for gang activity, the Administration finally admitted that it was a mistake, a so-called clerical error. Even the Supreme Court acknowledged the error not only in judgement but by law and unanimously voted to have the man returned!
So, without ANY of the due process that REALLY makes America great, they sentenced a protected man to die in a hell hole of a prison located in the country from where he fled deadly violence many years ago. Furthermore, in their efforts to deflect criticism of their acknowledged mistake, the Administration started a campaign to discredit Mr. Abrego Garcia, hoping to find ANY malfeasance on his part. However, even if they DO find something NOW, it’s not the point. The question remains; why are we ignoring our own laws and sending people to prisons in foreign countries without due process?
It makes no difference to me if people say, “he came here illegally and so what if he was sent back the same way?” It’s morally repugnant and strikes at the very core of an equitable society. And just when you thought it couldn’t get any worse, Mr. Trump supported by his shameless sycophants, doubled down. Despite the evidence supporting Abrego Garcia, Mr. Trump denied that he had the power to have him returned anyway, He stated this even though just a few weeks ago, Mr. Trump had negotiated the return of the accused sex trafficking Tate brothers who were being held in Romania. Then, he compounded the whole affair further by saying that “even if I could bring Abrego Garcia home, I wouldn’t.” At the time he was making these statements he was joined by the president of El Salvador whom I won’t give the respect of naming. Dressed like he was about to make time at a Miami nightclub, he and President Trump had a hardy laugh over the situation with both in the end basically smiling, shrugging, and passing the buck. He ain’t comin’ back!
Pathetic.
Still, it got worse. Mr. Trump went on to suggest that “if it proved to be legal”, he would have no issue with sending “hardcore” AMERICAN born criminals to gulags in foreign countries. The very thought of that sends chills up my spine and should to you too. You MUST realize that at this point Trump is well on his way to dictatorship. He is already attempting to control the courts, the congress, the military, the media, and therefore, our freedom. He has even gone so far as to ignore the direct orders from The Supreme Court. His disdain for the rule of law is apparent and appalling. And it’s just beginning.
Illustration by PhilzAIArt
Editor’s note: The views expressed in this article are those of this independent writer and not the Nyack News & Views editorial staff. We welcome submissions from anybody who is interested in publishing their thoughts, ideas and perspectives about issues facing our community, both large and small. Please send to info@nyacknewsandviews.com with detailed contact information.
Photo credit: Frank LoBuono