In theory, the U.S. Constitution protects everyone from arbitrary detention and guarantees fair treatment under the law. But perception and reality are two very different things that must be examined.
As a former public servant, I, along with many Americans, took an oath to uphold the constitution, to “protect America from all enemies foreign and domestic.” I worked hard and proudly served for nearly two decades, pushing my organizations mission forward even when it felt impossible.
It’s absolutely dizzying watching it all unravel. Becoming scarier by the day, I find myself worrying when the shoe will drop for other American citizens. I avoid the news because the human rights violations happening with not so much as a thought, are heartbreaking.
Consider the troubling case of Kilmar Abrego Garcia, an American citizen accidentally deported by the Trump Administration. He has endured unlawful detention, limited access to counsel, and coercive tactics, highlighting how fragile these protections have become. Even worse, his story is not at all unique. Due process and other constitutional violations are happening every day in America, and often, they happen to people least equipped to fight back.
What is Due Process?
The Fifth and Fourteenth Amendments guarantee that the government cannot deprive anyone of “life, liberty, or property, without due process of law.”
This includes:
- The right to a fair and timely trial
- The right to legal representation
- Protection against self-incrimination
- The presumption of innocence
- Protection from unlawful arrest or detention
As Harvard Law professor Carol Steiker puts it:
“Due process is not just a technical requirement—it’s a moral obligation embedded in the structure of our legal system. If we ignore it, we risk sliding into authoritarianism.”
Why Americans Should Be Worried
This is outrageous, brazen, and terrifying. And there are several reasons that all Americans need to be concerned.
1. Abrego-Garcia Isn’t an Outlier
His experience is part of a broader pattern. Across the U.S., people are detained for days, weeks, even years without charges or access to counsel, especially in immigration cases, low-income communities, and the prison system.
Kalief Browder, a Bronx teen, was jailed for three years at Rikers Island, two of those in solitary confinement, for allegedly stealing a backpack. He was never convicted. The case was eventually dropped.
In immigration detention, thousands are held without access to legal representation; a critical due process violation. A 2016 study by the American Immigration Council found that only 14% of detained immigrants had legal counsel.
As a result of the public defender crisis, some defendants wait months to meet a lawyer. In Louisiana, hundreds of indigent defendants have been stuck in jail without representation due to chronic underfunding of public defense.
Bryan Stevenson, founder of the Equal Justice Initiative, reminds us:
“We have a system that treats you better if you’re rich and guilty than if you’re poor and innocent.”
2. This Behavior Erodes Public Trust
A legal system loses legitimacy when people believe it’s not fair or impartial.
Former U.S. Attorney Joyce Vance explains:
“Justice cannot function if people do not believe it applies to everyone equally.”
Once due process becomes optional for some, it becomes endangered for all.
3. The Normalization of Injustice
What’s most dangerous is how routine and brazen these violations have become. Unfortunately, this has quietly been the norm in many jurisdictions across the country, but never, ever this open and in public.
From immigrant detention centers to underfunded courts, civil liberties are being ignored in broad daylight.
Erwin Chemerinsky, Dean of Berkeley Law, puts it:
“The real danger is normalization. When due process violations become routine, they stop being seen as violations at all.”
The Bigger Picture
The violations in Garcia’s case, and others like it, aren’t just bureaucratic failures. They are a sign of a legal system willing to compromise its founding principles in the name of expedience, politics, or prejudice.
Similar concerns have been raised about:
- Guantánamo Bay, where detainees were held for decades without trial
- No-knock raids, which violate basic protections against unlawful search and seizure
- Cash bail systems, which jail the poor pre-trial simply because they can’t afford freedom
The Risk is Real
Abrego Garcia’s case is not just about one person’s struggle; it’s about our collective responsibility to uphold justice. When we allow the system to deny due process in one case, we risk inviting that same injustice into our own lives.
Call to Action
Support organizations like ACLU, EJI, and Innocence Project. Demand change in public defense funding and detention policies. But most importantly, speak out when due process is threatened, and act like our democracy depends on it; because it does.
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