“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
“nor be deprived of life, liberty, or property, without due process of law”
Garcia still has his life and still owns his stuff.
Trump had a right to put him on an airplane and fly him to another country, but it is claimed no right to toss him off the plane in El Salvador.
If Garcia walked off, Garcia had his liberty. If he had to be dragged or tossed off then he might have a case.
“No person shall be" "deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
If he had to be dragged or tossed off then he might have a case.
There are several reasons why not.
- The influx of illegals clearly pose a "time of War or public danger" and to make that determination is clearly up to the President.
- Illegals are in the process of committing a crime by staying here. Police officers can use deadly force without a trial if attacked in the process of capture and arrest; i.e., what constitutes "due process" varies with the circumstances. Emergencies count. "Due process" does not necessarily involve an air conditioned courtroom.
- We have multiple judicial findings that this thug poses a public danger and belongs to a terrorist group.
- But the biggie is this: Our heroid is not among "We the people of the United States;" else the wording could be applied to anyone, even an invading army. The Preamble clearly states the limits of the social contract AND the purposes for which it exists. If protracted legal procedure puts the people and property at risk, inhibits their liberty and disturbs domestic tranquility that procedure is legitimately questionable. With 40MM foreigners in country, the system is inherently incapable of speedy justice.
The only thing demanding an air conditioned courtroom, bailiffs, guards, translators, clerks... for this thug is legal custom.
The Founders had their qualms about that.