Trump's attack on due process is the latest deviation from presidential norms
Keeping track of the ways in which Donald Trump personally deviates from presidential norms is, by itself, a full-time job. From his daily tweets attacking political enemies to the broadsides he launches at U.S. allies and members of his own party, not a day goes by when the president doesn’t proclaim his independence from the well-established traditions of the commanders in chief before him.
On Sunday, however, that pattern crossed a notable threshold when Trump rocked a pillar of American democracy by suggesting that the U.S. suspend due process rights for immigrants.
We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents…
— Donald J. Trump (@realDonaldTrump) June 24, 2018
….Our Immigration policy, laughed at all over the world, is very unfair to all of those people who have gone through the system legally and are waiting on line for years! Immigration must be based on merit – we need people who will help to Make America Great Again!
— Donald J. Trump (@realDonaldTrump) June 24, 2018
On Monday, Trump continued trying to make his case, in yet another typo-filled tweet, for denying constitutional protections for undocumented immigrants.
Hiring manythousands of judges, and going through a long and complicated legal process, is not the way to go – will always be disfunctional. People must simply be stopped at the Border and told they cannot come into the U.S. illegally. Children brought back to their country……
— Donald J. Trump (@realDonaldTrump) June 25, 2018
….If this is done, illegal immigration will be stopped in it’s tracks – and at very little, by comparison, cost. This is the only real answer – and we must continue to BUILD THE WALL!
— Donald J. Trump (@realDonaldTrump) June 25, 2018
During Monday’s briefing, White House press secretary Sarah Sanders was asked whether the president believed undocumented immigrants have no due process rights, and her answer caused even more head scratching.
“Virtually all Americans agree that it makes no sense that an illegal alien sets one foot on American soil and then they would go through a three-to-five-year judicial process to be removed from the country,” Sanders said. “Thousands of illegal aliens are removed every month without seeing an immigration judge as a result of procedures in current law including voluntary removal and expedited removal. Just because you don’t see a judge doesn’t mean you aren’t receiving due process.”
While Trump has never made a secret of his disdain for immigration from countries whose population is primarily non-Caucasian, his call for due process to be denied to undocumented immigrants came as Congress scrambled to pass an immigration compromise that would end the president’s policy of family separation. Reaction to his tweets was swift, with critics calling Trump’s proposed plan unconstitutional.
📣 What President Trump suggested here is both illegal and unconstitutional.
Any official who has sworn an oath to uphold the Constitution and laws should disavow it unequivocally. https://t.co/qsy58VACSB
— ACLU (@ACLU) June 24, 2018
In fact, the Supreme Court has long ruled that the rights laid out in the U.S. Constitution extend to anyone in the country.
Here’s #SCOTUS settling the entitlement of _all_ non-citizens on U.S. soil—lawfully present or not—to due process of law.
In 1896.https://t.co/YDE7WrZZtQ
Yes, it’s _that_ well established. pic.twitter.com/5fKBiniiQt
— Steve Vladeck (@steve_vladeck) June 25, 2018
While many of Trump’s supporters agree with the president’s view that undocumented immigrants “infest” the country, his critics argue that singling out a group of people as unworthy of due process establishes a perilous precedent.
If Trump can deny due process to those allegedly here unlawfully, ICE can grab YOU, allege you aren’t a citizen & deport you w/out a hearing
— Ronald Klain (@RonaldKlain) June 24, 2018
Due process, it turned out, was a running theme of Trump’s tweets over the past few days.
The Founders prohibited Bills of Attainder in the Constitution bc they feared a powerful govt singling out and convicting individuals wo due process.
This weekend Trump has (a) used massive power of his office to punish a small business and (b) proposed eliminating due process. https://t.co/p5FIwr4iiJ
— Ian Bassin (@ianbassin) June 25, 2018
Ridding the U.S. Constitution of its due process protections would not be a simple matter, of course.
“Congress would need to legislate what Trump says he wants, and this seems unlikely. Even were Congress to pass legislation, federal courts would probably find that it violates the Constitution,” Carl Tobias, a professor at the University of Richmond School of Law, told USA Today.
Yet with so few Republicans bothered enough by Trump’s remarks to speak out against them, one of the fundamental rights in the Constitution itself seems on the president’s chopping block.
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Read more from Yahoo News:
Stephen Miller, meet your great-grandfather, who flunked his naturalization test
From the ‘Northern Triangle’ to the Rio Grande: Violence, poverty and disasters drive migration
The dominance game, as played by dictators and other animals
With DACA phasing out, college graduates face an uncertain future
Photos: Patrolling the border, where immigrants wait to be caught