There are a lot of Democrats running around and bleating about the Constitutional right to due process and illegal immigrants. Where does the right to due process appear in the Constitution? The Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Kilmar Abrego Garcia is an illegal immigrant who was deported to El Salvador and is being held there in prison. A federal judge has ordered the Trump administration to “facilitate” Abrego Garcia’s release, an order affirmed by the Supreme Court, and to provide evidence of the actions it has taken to get him back.
Here is the problem with that- the Supreme Court doesn’t have the authority or the jurisdiction to order that. He is a foreign citizen who is in prison in his home country. The US government in general, and the US Supreme Court in particular, doesn’t have the authority to order the Salvadoran government to do a thing.
It doesn’t matter whether or not he is a gang member, an illegal, or a criminal in the US. The Supreme court cannot order the executive to invade another country, it just isn’t within the SCOTUS’ enumerated powers. The rest of the argument is moot.
Still, I will list the reasons why he wasn’t entitled to due process during deportation. Refer to the Fifth Amendment.
- He isn’t being held by the US to answer for a capital, or otherwise infamous crime,
- He isn’t subject in jeopardy of life or limb twice for the same offense,
- nor is he being compelled to be a witness against himself,
- nor did the US government deprive him of life, liberty, or property, all they did was return him to his home country.
According to court filings, Kilmar Abrego Garcia was born in July 1995 in the neighborhood of Los Nogales in El Salvador, where he helped his family run a business making pupusas, a local cuisine.
He crossed the border illegally near McAllen, Texas, in March 2012 when he was 16 years old. From the border, Abrego Garcia made his way to Maryland to live with his brother. The Trump administration sent him back to his home country. No due process was required, because the Fifth Amendment doesn’t say he is entitled to it.
3 Comments
Frank Pinelander · April 22, 2025 at 6:59 am
A simple look through our history, jurisprudence, and case precedence would confirm this and “rights” for illegal invaders could not possibly be entertained by an honest judiciary. The American Indians were all born here and lived among natural born Americans throughout our history until they were made citizens by an act of Congress in 1913. Before that they had no rights at all, zero. Ditto to slaves, aliens, and anyone else lacking citizenship. The Administration is correct on this point and on the matter of legitimate natural birth rights only applying to people born here to American citizens. Obama and Harris were both illegitimate candidates for the Presidency due to naturalized birth criteria and the Elephant Coward Party let it pass each time.
Steve · April 22, 2025 at 7:02 am
I cannot claim credit for coming up with this, but find it an interesting thought:
As recently as this morning, I thought this was just a typical Dem/Media operation, and they would move onto another topic next week.
But I’ve been reading more this afternoon, and some folks believe the left are going all-in on this one in a Cloward–Piven strategy to overwhelm the system.
The theory being that they may be able to exploit the fuzzy legal area of “what is due process for an illegal immigrant, and how much do they deserve before being deported?”
If they can get the courts to decide that illegals should get the same rights to trial/jury as a citizen criminal, they can load up the courts with millions of deportation cases. This would essentially open up the borders. And possibly overload the entire court system.
old geezer · April 22, 2025 at 8:49 am
yes, C-P, all that and more.
born at the San Diego Naval Hospital in 1960. finally left commiefornia in 2023. here’s the method, proven in commiefornia.
Don’t Like Your Electorate ? Import New Ones. Make The Ones You Don’t Like Pay For It.
it is that simple