As we are painfully seeing, Trump
and his followers seem to find difficulty in understanding what tariffs and due
process are.
While
not trying to denigrate them, I’ll explain the latter for their edification . (And for
Trump followers, denigrate means "to put down" and edification means "to be instructed.)
For the more curious, open-minded, and clever type of Trump supporters:
"Due process" is a Constitutional* guarantee that applies to all "persons", not just citizens. This includes illegal immigrants. The rule of law with due process is absent in fascist dictatorships and communist police states.
Only in a dictatorship can the criminal leader simply declare a person like Abrego Garcia a terrorist and gang member without showing evidence, (Due process) and then send him to a life sentence in a gulag. The Administration even admitted deporting him was a mistake. The unreliable police detective who accused Garcia of being a member of the gang MS-13 was suspended days later for leaking confidential information to a woman he was paying for sex. Not that Trump and his mob care.
And remember, without due process Trump can accuse anybody he doesn’t like of being, or doing, whatever he says he is, or did. It could be you or me next. Only the courts can stop him from this illegal autocratic behavior.
Now Garcia will need to move to a sane country to be safe from TRUMP and his legions of thugs. Yes, he now needs asylum from the Trump Gang.
KilmarAbrego Garcia is 29-year-old man from El Salvador who has been is married to a U.S. citizen and a father of three children. He was deported on March 15, 2025, from the United States in what the Trump administration called an "administrative error" and is currently in prison in El Salvador.
Garcia has never been convicted or charged with a crime and in 2019, a judge in Maryland granted him a "withholding of removal" status. That allowed him to legally work and live in the U.S. He was granted a work permit by the Department of Homeland Security and lived and worked in Maryland up until his deportation.
Now Trump is refusing to have Garcia released, even after the Supreme Court upheld an order to facilitate his return. This is also what a fascist dictator does.
Even US citizens are being illegally detained.
American born Twenty-year-old Juan Carlos Lopez-Gomez was detained in a Florida jail even after his mother presented his birth certificate in court. Another American citizen, Nicole Micheroni was ordered to leave the country within seven days.
See? No DUE PROCESS!
===
DUE
PROCESS IN IMMIGRATION PROCEEDINGS
I.
DUE PROCESS
A.
Generally
“Immigration proceedings, although not subject to the full range of constitutional protections, must conform to the Fifth Amendment’s requirement of due process.” Salgado-Diaz v. Gonzales, 395 F.3d 1158, 1162 (9th Cir. 2005) (as amended); see also Grigoryan v. Barr, 959 F.3d 1233, 1240 (9th Cir. 2020); Gonzaga-Ortega v. Holder, 736 F.3d 795, 804 (9th Cir. 2013) (as amended); Vilchez v. Holder, 682 F.3d 1195, 1199 (9th Cir. 2012); United States v. Reyes Bonilla, 671 F.3d 1036, 1045 (9th Cir. 2012); Pangilinan v. Holder, 568 F.3d 708,709 (9th Cir. 2009).
“[O]ur immigration laws have long made a distinction between those aliens who have come to our shores seeking admission . . . and those who are within the United States after an entry.” Leng May Ma v. Barber, [357 U.S. 185, 187] (1958). Aliens “who have once passed through our gates, even illegally,” are afforded the full panoply of procedural due process protections, and “may be expelled only after proceedings conforming to traditional standards of fairness.” Shaughnessy v. United States ex rel. Mezei, [345 U.S. 206, 212] (1953)
===
OK. All in favor of the rule of law with due process, a show of hands, please.
Thank you.
And now, all in favor of dictatorship, feel free to insult, denigrate, or
ignore me and my facts. Chances are you didn't read this far anyway, amirite?
Notice what color the guy is, and what he's done, who gets a break.
*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.
*Fourteenth Amendment, Section 1:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Posts
23 comments:
Two things Dave...
1. Why is this difficult?
Because the Trump Admin and the MAGA crowd who will soon be posting their off topic rants here copied from the Stench Trench, misread and misunderstand the US Constitution. Worse, they falsely "claim" fealty to it [go look it up trolls], but in reality, people can't claim fealty to something they've never read and can't understand.
And...
2. For months now, MAGA lovers, GOP Congressman and more have pooh poohed folks like us, libs, progressives and Dems for warning about citizens soon being subject to the same fate as Garcia. Now we see it is actually happening. In the case of Juan Carlos Lopez-Gomez in Florida, it all started with a tragic mistake and a US born citizen was arrested and put in jail.
Okay, I'll give you this... when you are arresting ppl for deportation based mostly on appearance, as opposed to actual evidence, mistakes can and will happen.
But here are the facts in this case. After Gomez was arrested, his birth certificate and social security card were presented to the court. The court after review, found that the documents were "authentic" and found no probable cause for the illegal detainment of Gomez.
As a result, the court ordered Gomez, again, a US born citizen illegally detained, to be released. The state refused, citing an order from the Trump Admin and ICE.
Why did the Trump Admin and ICE refuse to release Gomez and order him to continue to be held, despite his innocence and a judicial order?
Because, they argued, the court "did not have the authority" to order the release of an innocent man they had wrongly detained. Sound familiar?
We used to say only in America are you "innocent until proven guilty". No more. We've joined the rest of the world and now live under the Napoleonic Code where you are "guilty until proven innocent".
But now it's worse. Because now, under the Trump Admin, even when your innocence has been proven, the government still keeps you in jail.
Good job Trump supporters. You got the king you wanted, but like the Hebrew ppl back in the day, are now seeing that God was right. It ain't always as nice and perfect as ppl thought it would be.
Because it's no longer about justice. It's about winning, power and owning the libs.
Dave,
The radical Right authoritarians are all about "winning, power and owning the libs" instead of rational policy and the public good.
They claim to be "Constitutionalists" but they HATE our Constitution's provisions for taxes, regulation of commerce, and provision for the general welfare. They're just in it for the guns and electoral college.
This follows their ludicrous claim to be "Christians", as they enthusiastically embrace the opposite of the message of Jesus. They really believe, "To HELL with welcoming the stranger, caring for the sick, comforting the imprisoned, feeding the poor, and rendering unto Caesar that which is Caesar's". Instead they revere and empower the very worst servants of mammon, and demand their taxes be cut, and obediently hate everyone who disagrees with their economic elite oligarchs.
As we stand, Trump is the de-facto dictator of the US, imprisoning people without due process and making the classic fascist dictator demands to annex or rule other countries.
They are assuring America will never be great again.
Off topic but another path is being laid... And now the dictator of the USA is going to help MARA, make America religious again. Of course he's playing to the Christian Nationalists who are his strongest supporters.
I suspect the results of that will be to declare Christianity the national religion and anyone not declaring as such will be declared a heretic and be disposed of. Who knows, maybe by burning at the stake.
What they want is a Christian Theocracy that will have the dictators ear. I know this is opinion but I've seen enough to lay heavy odds I'm right.
Thinking of getting more actively involved in the Buddhist community. They act more Christian by light years than does the Christian Nationalists that are working to influence federal policy. BTW, in Buddhism Mara would represent Trumo.
We are becoming less American day by day under the dictatorial regime of FOTUS.
Hope you guys and your families had a Happy Easter!
Namaste
Les,
EVERY theocracy is dictatorship. As we know there's no place for Christ in "Christian" nationalism.
Funny that you mentioned Mara
When reading about Buddhism I couldn't help but connect the mythological evil one Mara as an embodiment of MAGA.
Most atheists are better Christians than most Christians. Atheists embrace reason and value having a conscience.
Just by saying, "I believe", most Christians think they've been granted a "get out of hell free" card that gives them license to be as evil as they choose to be.
"I never knew you", of course, is the message their Savior had for them.
Your post is clear, well written, and perfectly explains "due process." But the folks who come here from Lisa's blog won't read it to understand anything.
They are the people Trump plays to, and who lap up his lies and empty promises. It takes no kind of critical thinking to follow Trump -- it's all feelies and owning the libs.
Meanwhile, look at how the rest of the world sees us since Jan. 20, 2025; look at the stock market; look at what he's doing to colleges and universities; look at what he's doing to innocent native-born Americans; look at the damage his DUI Secy. of Defense is doing to the Pentagon. We're living a nightmare because of stupidity, ignorance, and, I'm sorry to say, a religio-nationalistic cabal in the form of the Heritage Foundation.
Shaw,
Thanks. The MAGA traffic has been slow on this topic for some reason... ;-)
They truly don't want to learn what they don't want to know.
The tragedy of our flawed democracy is it can be overcome by a misinformed minority of poorly educated fanatics.
Now we're trapped in watching these fascists destroy our country's education, healthcare, and public services to suit their authoritarian need for vengeance and punishment for people and institutions they hate.
Only the oligarchs win, and even they will pay a price eventually. When they destroy our economy they're learn they can't get blood from a turnip.
As scientists and researchers leave America for France, as China and others take advantage of the Felon president's tariff stupidity, and as the suffering of people at the hands of the Felon president and Project 2025 continues the can't get blood from a turnip may come sooner rather than later.
We'll just have to wait and see.
Les,
So far my lowest expectations have been met and exceeded. I can't see any way for the country to pull back from the abyss, considering how stupid half the voters have shown themselves to be. Another one term Democratic President will not be able to repair the damage. We need at least a decade of Republican-free government.
Illegals have no right to be in this country. They broke our law. The law and courts know this but are willing to violate the law to keep the here know it would take 200 years to have 20 million court hearings. Never before has this been a requirement for sending illegal lawbreakers back to their country. Judges know this. It is about politics and power. (And money...and allowing illegals the vote). Say no with your next vote on this corruption.And NEVER vote for Democrats .
I had to post this nutjob's ignorant bullshit. It's almost comical how willfully ignorant he is. Obviously he either didn't read what I wrote about due process, or he's simply too stupid to learn what he doesn't want to know. Most likely both.
He's probably also too ignorant to know Trump demanded that Republicans KILL a bipartisan border funding bill that would have hired 1,500 new officers, expand the number of immigration courts, AND provide MORE FENTANYL detectors.
Of course, Trump wanted it killed because Biden would have signed it into law. That would have taken the wind out of the sails in his border ranting.
This proves Trump WANTED a border crisis all along, just to base his campaign on the issue. This is how evil he truly is.
The MAGAts wear their ignorance with great pride. After all their Felon Fuhrer loves the uneducated. Because he's just smart enough to know the uneducated and marginally uneducated are easily manipulated and lead around by false facts and propaganda. And anon @6:07 PM proudly puts an exclamation point to that absolute fact.
Dave, clearly your anon poster at 6:07 is an idiot. We have laws in the US and are duty bound to follow them. And those laws, especially as it relates to due process, the central claim in the Abego Garcia case, clearly state, all persons. Not all citizens. Not all native born ppl. But rather, all person.
I believe the words former SCOTUS Scalia used to describe that section of the US Constitution were as such...
The constitutions means "what it says, all persons, not just citizens."
Look, I get people don't like those laws and want to go around them, but you can't have a country if we only believe we have to obey the laws we like. It doesn't work like that.
Sadly, that seems to be too difficult for Anon to understand.
But no matter, because those hidden folks who come just to blast an opinion, rarely return because they know they can't really enter into a real discussion with facts and evidence.
So they hide behind an Anon avatar, spout their copy and paste BS and run back to WYD or some other safe haven.
And so avoid further humiliation.
Now that the position of the Democrat part is that Every illegal must get a trial before being deported
I have to ask, Did Obama give a trial to the 5.3 million brown illegals that HE deported?
Yes, as many Democrats are voicing discontent with President-elect Donald Trump’s plans to carry out mass deportations in his second term, some commentators are pointing out that former President Barack Obama oversaw millions of deportations, even earning the title "deporter-in-chief."
For some unknown reason we didn’t hear much about this, former President Obama was given the nick-name ‘Deporter-in-chief,’ that’s because he Deported some 5.3 million illegals during his two terms.
Obama oversaw approximately 5,248,413 returns and removals of illegal migrants during his eight years in office, according to data collected by the Department of Homeland Security (DHS).
From 2009 to 2012, Obama’s DHS carried out approximately 3,175,696 returns and removals in his first term alone.
Obama also separated families, and put the children on the cages that were FALSELY circulated as Trump admin actions. On the other end, Biden's policies resulted in a huge increase in mortality for illegal crossings
Lets see how Davy Boy explains that!
In Reference to that STUPID cartoon on your page. It seems to me that YOU are more Sympathetic to the Murderers, Rapists, and Drug Dealers then you are to your own Country! If that's true then Why don't you GET THE HELL OUT OF HERE and Go live in Iran or in Afghanistan !
Very Good post Victor, But I'm sure that Dave Dubya will call you some sort of name that is not to your liking, as he always seems to to to people of a different opinion. Like "Hitler" or something just as foolish.
Doddering Joe was absolutely correct for once.
To bad he wasn’t correct when he was President. There are provisions for altering the Constitution. Unfortunately for Biden and the totalitarian minded Democrats, none of them include change by executive fiat. In these days of mob rule and dictatorial decree, however, that hardly seems to matter. It is difficult to refrain from attributing nefarious motives to the never-ending assaults on freedom and common sense by the Party of the Holy Red Jackass. After all, “cui bono,” as the Romans would say–“to whom is it a benefit?”. And the answer never seems to include the average tax-paying American citizen. Unless said citizen happens to be black, female, transgendered, communistic, inclined to pederasty, criminality, or knee-jerk anti-Americanism–the braying constituency of the modern Democrat like that .
The Democrats and our Ex-President Sleepy Joe Biden’s obsession with seizing Americans’ guns while tolerating violent crime in the name of “equity” should have made it clear that safety wasn’t their driving consideration. Our ex-President Joe Biden just made it obvious. In announcing a series of “commonsense” executive measures, and the nomination of a former ATF agent turned gun-grabbing activist on Thursday, the White House said they were meant to address a “gun violence public health epidemic.” This comes after a year of unprecedented government infringement on civil rights in the name of public health in the form of coronavirus lockdowns and restrictions. Of course, Democrat governors and public officials were exempt from those, as were people celebrating the FAILED Biden-Harris election, or rioting in the name of fighting another “public health epidemic,” racism.
1/2
Hi, Victor.
It's good to see you can raise a fair point and question.
The difference between you and me is I can question the actions of presidents like Clinton, Obama and Biden. We'll never see you question anything Trump does.
So, yes, Obama deported or removed most illegal immigrants without a trial.
In November 2014, President Obama announced a number of further changes in immigration enforcement, including agencywide policy guidance on which categories of removable noncitizens should be the highest priority for enforcement. Three levels were detailed:
Priority 1: National security threats, noncitizens apprehended immediately at the border, gang members, and noncitizens convicted of felonies or aggravated felonies as defined in immigration law.
Priority 2: Noncitizens convicted of three or more misdemeanors or one serious misdemeanor, those who entered or re-entered the United States unlawfully after January 1, 2014, and those who have significantly abused visa or visa waiver programs.
Priority 3: Noncitizens subject to a final order of removal issued on or after January 1, 2014.
Those convicted of crimes had their due process. Those detained and removed while crossing the border did not have trials. So you and Obama agree on that. (Why is it, again, you hate him so much?
Those with American born children and spouses were not prioritized. Trump goes so far as to just accuse a person like Garcia of being in a gang because he wore a Chicago Bulls hat. He even showed a fake picture of his "gang tattoos". Obama NEVER did anything as extreme or dishonest as that.
And for the record Obama got some pushback from the AFL-CIO and ACLU
2/2
ACLU:
In January of 2016 AFL-CIO President Richard Trumka released the following statement in response to the Obama administration’s large-scale deportations:
The AFL-CIO has consistently urged the Obama administration to designate those fleeing violence in Central America as “refugees,” and to honor its legal commitments to ensure that individuals who are eligible for protective status will not be returned to danger. Instead, the shameful response of our government has been to erode due process protections by expediting legal proceedings and to lock families in remote detention facilities with little access to counsel. Now, in an inexcusable escalation and without any transparency, the Department of Homeland Security has begun conducting armed home raids in order to deport vulnerable women and children back to some of the most dangerous countries in the world.
These devastating and disgraceful raids have instilled fear in communities around the country, tearing hundreds of families apart and causing already traumatized parents to stay home from work and keep their children home from school.
AFL-CIO:
The AFL-CIO and our affiliates will work with faith and grassroots partners to ensure that members of our communities who are seeking refuge will not be deported back into harm’s way.
The Obama administration has prioritized speed over fairness in the removal system, sacrificing individualized due process in the pursuit of record removal numbers.
A deportation system that herds 75 percent of people through fast-track, streamlined removal is a system devoid of fairness and individualized due process. Nonjudicial removals violate our constitutional tradition and cannot be reconciled with an administration that has repeatedly stated its commitment to immigration reform.
Fairness and individualized due process must be restored to the system. Expedited removal should be limited to cases where individuals are apprehended at ports of entry or land borders. All individuals must be screened to determine whether they are eligible for immigration relief or prosecutorial discretion, especially if they have US-based families or have lived in the U.S. for a substantial period of time. Individuals without a lawyer should be advised of their rights by a judge before agreeing to stipulated removal and there should be an appeal process.
Children were and ARE being held in caged settings. There are photos showing them throughout the Obama, Trump and Biden Administrations.
Too bad Trump ordered the best bipartisan border funding deal ever to be KILLED, just because Biden would have signed it.
Here's what Trump killed:
1,500 new officers
More immigration courts
More fentanyl detectors
But sadly there are too many idiots who'd rather make Trump great than America great.
You sure about that, Martin?
Civil discussion is welcome. Hate and lies are not.
Juan,
I agree with one thing you said, aside from you typical gun nut paranoid rant about "gun-grabbing" and bullshit about who benefits from Democratic policies. (EVERY registered voter, everyone enrolled in public education, everyone who uses public infrastructure, every American on Social Security, Medicare, Medicaid, and the Affordable Healthcare Act. ALL of which are under attack by Trump and his party.)
With one minor adjustment of color, I agree with this:
"In these days of mob rule and dictatorial decree, however, that hardly seems to matter. It is difficult to refrain from attributing nefarious motives to the never-ending assaults on freedom and common sense by the Party of the Holy (Orange) Jackass."
It seems to me Anonymous can't understand political satire.
And that isn't all he doesn't understand. What the hell suggests I'm "more Sympathetic to the Murderers, Rapists, and Drug Dealers then" my country?
Nothing. This is from the same low-functioning mentality that calls Democrats "communists". Sheer mindless ignorance.
YES! You say that you ARE not more Sympathetic to the Murderers, Rapists, and Drug Dealers in the Country! And that Shitty cartoon is "ONLY" a cartoon.
So, He is a Husband, a Father, and all that other Bulll-Shit that you write about!
Well I think differently, and I did something about it, I spent 4 years in the US Army, away from my loved ones Lots, and lots of miles away! what did you do?
So What So a 1 Billion other people, But the don't go around Killing People. and Raping little Girls, and Stealing, and who know what else they do that is disgusting to the honest, hard working American. But one thing is for sure, that are GARBAGE and they don't belong in this country, and it seems that Trump is the only American President who cares enough to do something about it. Unlike that Retarded Piece of SHIT that you voted for.
Anonymous,
We all know you don't like to read, and will especially IGNORE whatever anyone says that doesn't conform to your Trump worship.
I'll just mention this part one more time:
Here's what Trump killed:
1,500 new officers
More immigration courts
More fentanyl detectors
But sadly there are too many idiots like Anonymous who'd rather make Trump great than America great.
Seems Trump was "more Sympathetic to the Murderers, Rapists, and Drug Dealers in the Country" than in allowing the legislation that actually addressed the border issue.
So, as a Trump supporter, YOU were his partner in being "more Sympathetic to the Murderers, Rapists, and Drug Dealers in the Country", than in allowing the legislation that actually addressed the border issue.
Why do you love Trump more than America?
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