Trump’s already skirting due process. Now he’s musing about deporting citizens | Moira Donegan
They’re rounding people up, and you could be next. The Trump administration has largely dispensed with due process rights in deporting immigrants, who are now being targeted for their protected speech, having their visas or green cards summarily cancelled without process and sometimes without notice, and getting kidnapped off the streets and hustled into vans so that they can be shipped to “detention centers” too far away for their loved ones, or their lawyers, to visit them.Some immigrants are being targeted for disappearance because they oppose Israel’s genocide of Palestinians in Gaza, an opinion that it is now physically dangerous, instead of merely unpopular, to hold. But others the government seems to be seizing almost at random. More than 200 Venezuelan nationals have been seized and deported to a mega-prison in El Salvador, rendered outside of US jurisdiction in defiance of judges’ orders demanding that their deportation flights be stopped. Of those Venezuelans, most had no criminal record. Other deportees, like the Maryland father and sheet metal worker Kilmar Abrego García, seem to have been deported by mistake; the Trump administration says that Abrego García, who they admit they did not mean to deport, will not be brought back to his family in the United States. Conveniently, the fact that they have deported him to a foreign prison is supposed, in the Trump administration’s logic, to absolve them of responsibility for putting him there. “We suggest the judge contact [Salvadoran] President Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador,” the White House said, obnoxiously, after a judge ordered them to bring Abrego García back.Meanwhile, the sadism of the deportations, and the cruelty of the Salvadoran prison where the men are being kept, seem to hold a kind of aesthetic appeal for the Trump camp. The homeland security secretary, Kristi Noem, recently flew to the El Salvador prison for a photoshoot with the captives there, where she stood in front of a crowd of men packed into a cell behind bars with her hair coiffed in long beachy waves.Now, the Trump administration may be seeking to extend the lawlessness and cruelty of its deportation regime to the next logical target: American citizens. The White House spokesperson, Karoline Leavitt, confirmed on Tuesday that the Trump administration is considering pathways to deport citizens as well. “The president has discussed this idea quite a few times publicly. He’s also discussed it privately. You’re referring to the president’s idea for American citizens to potentially be deported,” she said. “The president has said, if it’s legal, if there is a legal pathway to do that, he’s not sure.”This would be illegal. But so is so much of what the Trump administration is doing with its deportation policies. It is illegal to cancel visas and green cards without due process, as the Trump administration has done and continues to do as part of a widening dragnet in its anti-immigrant purges. It is illegal to target immigrants for their speech, as the Trump administration has done to pro-Palestinian and anti-genocide activists, from Rümeysa Öztürk to Mahmoud Khalil. It is illegal to deport people to a foreign prison where they have no recourse to enforce their rights and no path to pursue their freedom – it is illegal to do this, as the Trump administration has done, specifically to prevent its victims from seeking to enforce their own rights in American courts. And it is illegal to ignore the binding orders of federal judges to stop all of this conduct in order to ensure that the deportations can continue, punishing innocent people, silencing protected speech, and scaring whole populations out of work, travel, political participation or any of the other daily dignities that they are supposed to be entitled to in this country.But the law, increasingly, is whatever the Trump administration decides it is. And there is no force that seems prepared to make them obey the law when their will does not incline them to do so.That is because the supreme court has been no help, and if anything has acted, so far, as all but an accomplice to Trump’s dismantling of the rule of law in his pursuit of anti-immigrant vengeance. Lower court judges have attempted to intervene on behalf of the disappeared immigrants, issuing orders commanding the Trump administration to stop deportations under a long-dormant 1798 wartime measure known as the Alien Enemies Act, and to return Abrego García to the US immediately. But the supreme court has stepped in to pause these orders, allowing the Trump administration’s deportation agenda to continue. In the Abrego García case, the court weakened a district court order to “effectuate” the innocent man’s freedom and return to a mere command that they “facilitate” it, and only in ways that don’t interfere with the executive branch’s foreign policy prerogatives – in practice, a weakening of the demand to bring Abrego García back home to a request that the Trump administration provide more plausible deniability when they refuse to do so. And while Brett Kavanaugh weighed in with a concurrence to make a pious declaration of the need for due process in deportation proceedings, the court’s actions speak louder than its words: they are allowing the kidnapping and deportation of US residents to continue without due process.The legal precedents being established in these immigration disappearance cases have no limiting principles: if visa holders, asylum seekers and legal permanent residents can be snatched and deported with effectively no practicable recourse to due process protections, then there is no reason why citizens can’t be. It is in the interest of every American citizen to take an active stand in defense of our immigrant neighbors. Because once the Trump administration decides that they have no rights, then neither do we. More
