Due Process and Immigration Enforcement: Why Constitutional Rights Must Come First

Like most Americans, I believe in enforcing our laws and protecting our borders; I also believe in defending the Constitution without compromise. These two ideas are not opposites — they are inexorably intertwined. Today, our nation is failing to honor both.

In the past weeks, a school went into lockdown over ICE operations. People are being routinely stopped without probable cause or warrants, and held in custody without being told their charges or brought before a judge. And with the news breaking today about America’s new under-the-radar immigration dragnet, things are only getting worse. 

Make no mistake, Americans have been arrested without due process — and unless things change, will continue to be detained without due process, something that strikes at the bedrock principles of our country. As ICE raids expand across the nation, we must stand up and oppose these unconstitutional practices.

What ICE is doing right now — detaining people based solely on the color of their skin — is wrong. Not because we lack the authority to enforce immigration laws, but because no government can strip people of constitutional protections based on appearance.

We can have strong borders and we must enforce the law, but we must do it the right way — with due process, probable cause, and adherence to the Constitution.

Detaining Americans without judges, without cause, and without the protections guaranteed to every person on U.S. soil is not “law and order.” It is un-American. If we allow it to continue, more Americans — citizens and non-citizens alike — will lose the rights generations have fought to protect.

The anti-Nazi pastor and theologian Dietrich Bonhoeffer, executed shortly before his concentration camp was liberated by Americans, understood the danger of silence in the face of injustice. His warning still speaks to us:

“Silence in the face of evil is itself evil. God will not hold us guiltless.Not to speak is to speak. Not to act is to act.”

We should enforce our laws, and we should protect our borders—but not by abandoning the very principles that make this country worth protecting.

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By Jacob V. Stuart, Jr. | Criminal Defense Trial Attorney | Orlando, Florida

Disclaimer: The information contained in this blog is provided for general informational purposes only and should not be construed as legal advice. Reading this content does not create an attorney-client relationship with Jacob Stuart Law, P.A. Every case is different, and you should consult with a qualified attorney regarding your specific circumstances.