Imagine that your teacher accuses you of cheating on a test you didn’t even take. No one tells you the evidence they have for this claim. You’re not allowed to explain yourself, bring witnesses, or even speak on the issue. You’re then kicked out—permanently. This scenario would be completely unfair and a violation of a student’s rights.
Now, imagine a comparable instance of injustice orchestrated instead by the United States government itself, where you are an immigrant. When due process is threatened, this scenario becomes very real. Therefore, it is imperative that the government not disregard this essential right, as the consequences can be life-altering for many.
You might be wondering what exactly due process is. To provide context, due process is a legal principle and constitutional right under the Fifth and Fourteenth amendments. It states that the government has to follow a specific judicial process. You must be told what you’re accused of, you must have a fair hearing or trial, you must be able to present evidence or call witnesses, and you must be heard by a neutral judge.
An extremely important detail in this law is that these rights apply to all “persons” stated in the Constitution, meaning non-citizens or citizens. Undocumented migrants are all entitled to due process under US law, despite their means of arrival. However, today, with aggressive and disorganized deportations from our current administration, some migrants are being stripped of this right.
Sourya Chilukuri ’27 says, “I think that when it comes to deportation, everyone should have their fair trial. It’s crazy that some people are just unfairly being sent away with no chance to explain.” Chilukuri brings up a good point with the morality of aggressive deportation. We should remember these people may have been fleeing violence or providing for their family, making deporting potentially dangerous.
William Och ‘27 expressed, “I believe that due process is very important when it comes to issues such as immigration, especially when you look at the many cases where immigrants with no criminal background are unjustly arrested and deported without question.”
A prime example of Och’s concern is the case of Kilmar Abrego García, a Salvadorian national who had been legally staying in the US under a withholding order because his residence in the US was due to threats from gangs in El Salvador. Even so, Abrego García was detained by ICE and deported within three days to a maximum security prison without a hearing, legal representation or any notice to his family. This was a clear violation of due process.
The U.S. Supreme Court unanimously ruled his removal illegal in a nine-to-zero ruling. The Trump administration defended this mistake by calling the whole situation an “administrative error.” In a recent interview, Trump stated that if he wanted to, he “could” facilitate his return but has not taken further action, alleging without evidence that Garcia is affiliated with the MS-13 gang.
When due process is stripped from García, someone with no criminal record, we do not just encounter an immigration issue but a constitutional issue regarding all of our rights. If the government can ignore the Constitution and deport someone without a hearing, it sets a poor precedent that puts everyone else’s rights at risk.
We should not be picking and choosing who gets fairness; instead, we should be guaranteeing it for all under U.S. law. Protecting due process is not just about protecting immigrants but about protecting the integrity of our justice system and the rights of those in our country.