Earlier this month, more than 200 immigrants were unceremoniously shipped out of the United States to a notoriously brutal prison in El Salvador, all without benefit of any prior judicial process — and indeed, in possible defiance of explicit orders from a federal judge. The formal legal basis for this stunning action was an 18th century law, the Alien Enemies Act, meant to be used during times of war to detain or expel potential spies and saboteurs employed by the enemy nation.
The rhetorical and political basis, however, was a circular argument long used by authoritarians: These are bad and violent people, alleged members of the Venezuelan gang Tren de Aragua — and maybe even "terrorists!" — who therefore don't deserve any due process. Attorney General Pam Bondi struck a note echoed by many in the administration in a CNN interview when she blasted the judge who had ordered a halt to the expulsions: "The question should be why is a judge trying to protect terrorists who have invaded our country?"
How do we know they're terrorists or gang members without due process? Shush.
It's grimly ironic, then, that all this was carried out on the orders of a convicted criminal, President Donald Trump, who has made the exploitation of due process guarantees a minor art form.
This is a preview of Julian Sanchez's latest article. Read the full column here.
