Certainly it’s important! But I’m wondering what other constitutional rights might prevent deportations. It seems like for non-citizens, due process alone will often be just a delaying action?
The 4th, the 8th, and the 9th amendments I'd say all should be applied in deportation actions.
4th because of "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" A warrantless search and seizure seems to be pretty unconstitutional. (See: ICE rolling up to farms and home depots and arresting everyone brown there)
The 8th
> nor cruel and unusual punishments inflicted.
It seems both cruel and unusual to imprison people in concentration camps without enough food or water. It further seems pretty cruel to send people to countries not of origin known to torture. (See SECOT and Alligator Alcatraz)
The 9th
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This amendment is rarely applied which is a shame. It is the amendment that grants rights not listed by the constitution. It's what justifies the existence of human rights. It should not be controversial, but it seems like people should have the right to not be victims of genocide. Which is what mass deportation based on race ultimately is. (Homan is pretty open about race being the primary tool used to determine who's here illegally)
But beyond that, laid out in law is how deportation should function. That's where the actual process is laid out and that's what the executive is trying to avoid by rushing deportations.
100%. This also occurred to me. All of these things happening, in particular ICE, are blatantly unconstitutional. They are breaking the bill of rights. We are no longer living in a Republic, we are living in a Fascist state. It may not impact you now, but unless it is stopped, it will impact all of us. It doesn't matter what side you are on, if you would not want the opposite political side to do these things, you should not want your side to do them. Laws matter.
Without it, the executive gets to just say "that person shouldn't be here" and they can send them wherever the whims of the government are in the day.
Due process is how someone says "Hey government, you've made a mistake".
It isn't just due process. It's "I'm a US citizen, you can't legally deport me" Due process is what enables making that argument at all.