LETTER: Trump immigration policy violates due process
Article 92 of the uniform code military justice states members of the military, National Guard, Border Patrol, ICE agents (being federal employees) are required to follow a lawful order. Conversely they are not to follow an unlawful one.
The fourth and 14th amendments, in addition the U.S. Code, specifies that a police officer is not to obey an unlawful order.
Under the fifth and 14th amendments, an immigrant cannot be deported without due process. So why are ICE agents and police officers following unlawful orders by deporting non-criminal immigrants without providing them constitutionally mandated due process?
Our Founders enshrined the principle of due process for everyone, including non-citizens. They believed that a just legal system based on established rules would protect individual liberties from the whims of those in power.
Who, then, should be held responsible for these illegal acts? It was the president who is directing the National Guard and ICE agents to intervene nationally to detain and deport immigrants without due process.
So if the House and Senate regain democratic majorities after the midtems, the House may initiate impeachment proceedings against the president. If successful, the Senate will conduct a trial. If convicted, the president can be removed from office, and the charges for which he was indicted by special counsel Jack Smith can resume.
Perhaps the indictment for inciting the crowd to stop the peaceful transfer of power on Jan. 6 will result in a conviction of treason.
