Constitution at Risk

Recent actions by the Trump administration have sparked significant concern among legal experts and civil rights advocates regarding potential threats to constitutional protections, particularly the right to due process. A notable case involves the deportation of a two-year-old U.S. citizen, V.M.L., who was sent to Honduras along with her Honduran-born mother and sister during an immigration check-in. U.S. District Judge Terry Doughty questioned the validity of the government's claim that the mother voluntarily took her daughter with her, especially since the child's father was actively seeking custody and was only allowed a brief one-minute call with the mother while she was in ICE custody. An emergency petition was filed on the father's behalf to prevent the deportation, but the family had already been released in Honduras before a resolution could be reached. ​

Source: Politico

Source: The Daily Beast

In another instance, the Trump administration has asserted in a Supreme Court brief that it possesses the authority to deport anyone, including American citizens, without due process. This claim suggests that courts cannot intervene even in cases of wrongful deportation, raising alarms about the potential for indefinite overseas detention and the deprivation of citizens' constitutional rights. ​

Source: The Economic Times

These developments have prompted legal scholars to draw parallels with the 2004 Supreme Court case Hamdi v. Rumsfeld, where the Court held that U.S. citizens designated as enemy combatants have the right to challenge their detention under the Due Process Clause. The current assertions by the administration appear to challenge this precedent, suggesting a shift towards executive actions that may bypass established legal safeguards.​

Source: Wikipedia

The implications of these actions are profound, potentially affecting not only non-citizens but also U.S. citizens, and raising fundamental questions about the balance of power between the executive branch and the judiciary. As these cases unfold, they underscore the importance of vigilance in upholding constitutional protections and the rule of law.