The Constitution of the United States clearly lays out that due process applies to “all persons”, not just citizens. The Trump administration is clearly trying to challenge that with Abrego Garcia case as they sent him, a legal resident, to a prison in El Salvador alleging that he is a member of a Venezuelan gang without giving him due process. Aside from whether or not there is evdience to substantiate that, it doesn’t matter because he is owed his time in court. The Trump administration clearly does not care even when instructed by courts at multiple levels to return him. Just today the president of El Salvador stated that, after a meeting with Trump at the White House, that he would not send back Mr. Garcia.
This is clearly a test case to see what Mr. Trump can get away with, and if the Supreme Court does not stand up to this then we are in trouble as a country. Equal protection of the law applies to everyone within the borders of the United States, not just those who are citizens of the U.S. If that truly goes away, then who can spare us from the arbitrary whims of whatever man or woman happens to occupy the presidency? We already have a president who is essentially immune from facing prosecution. Congress and the courts need to step it up, or the consequences will be dire. Congress should pass an immigration reform law that will both secure the border, and give some protections to people who are here legally, and for those who are undocumented, send them to the back of the line so they wait their turn along with those trying to get in legally. We should also be making it easier to enter the country legally as we need more people, not less. Also, making it easier to enter the coutnry legally and more difficult to enter illegally will incentivize people outside to wait for legal entrance. The Courts must speak firmly to bind the President to adhering to the rule of law and follow due process. If the President refuses, then Congress has the duty to impeach Trump and remove him from office.
I wish I could nuance this and offer something to assuage the alarm, but in this instance, I don’t see much nuance here. Either due process and equal protection apply to all, or they apply to none.
