Latina Lista > News > April 28, 2025: Is Due Process Dead, Dying or Doomed?

April 28, 2025: Is Due Process Dead, Dying or Doomed?

What really makes America great is our system of justice. Regardless of the crime or charge, we’ve grown up knowing that we could challenge those charges and have “our day in court.” Under this administration, because of their treatment of immigrants — deporting them without any chance to access our judicial tradition of due process rights — it throws into doubt our whole system. If it’s denied to one group, will it be denied to others? It’s a question that lingers in the back of the minds of groups that this administration has dismissed, marginalized, or outright declared war on. Yet, this administration’s anti-immigrant fervor is about far more than border security. It’s a calculated strategy to chip away at due process itself — a principle that, once compromised, threatens every American’s rights, immigrant or citizen alike.

In its drive to overhaul immigration enforcement, Trump’s team has leaned on obscure 18th-century laws like the Alien Enemies Act, fast-track deportation policies, and mass visa revocations — not only sidestepping immigration courts but openly defying federal judges’ orders, as seen in the high-profile case of Kilmar Abrego Garcia. Despite a judge ordering his return after a wrongful deportation, the administration has refused, setting up a dangerous precedent where executive power tramples court authority.

By framing immigration enforcement as a wartime necessity, invoking “invasion” rhetoric, and pushing legal arguments to expand presidential authority, Trump’s strategy is to permanently erode legal protections — not just for immigrants, but for anyone deemed inconvenient. Immigration experts, constitutional scholars, and even some of Trump’s own supporters warn that normalizing deportations without hearings could easily morph into wider abuses of power.

The heart of America’s promise has always been the guarantee that even the most unpopular among us have rights that no president can unilaterally strip away. If we accept exceptions now, history shows we will all eventually pay the price. Vigilance is essential: standing up for due process for everyone today is the only way to protect it for ourselves tomorrow. Go beyond the headlines…

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