Trump’s Dangerous Due Process Double Standard—Why It Could Strip Your (or Anyone's) Rights Next
Fascism in America: How Eroding Legal Protections Targets the Marginalized First (But Not Last) & The Chilling Truth - Eroding Due Process Is a Blueprint for Authoritarianism
Over and over again, I've heard different members (including the leader) of this regime suggesting that "some people" in this country "aren't entitled" to due process.
Earlier this week, in a telling ABC interview, Trump made the bold claim that "If people come into our country illegally, there's a different standard. These are illegal. They came in illegally."
There's a significant danger with this concept:
Due process FOR ALL is supposed to be a safeguard against government abuse.
Due process means the government must follow explicit rules before taking away someone's rights, property, or freedom. It is supposed to act as a shield, protecting people from unfair treatment (by ensuring they get notice and a chance to defend themselves against accusations).
Some examples of where people are entitled to due process include (but are not limited to) a police officer arresting a suspect, a person being removed from the country, or a judge sentencing a criminal once convicted.
When universally applied, due process acts as a powerful deterrent against abuses of power and is a key tool needed for upholding justice.
If we don't provide everyone with due process, anyone could be easily punished or jailed (without evidence or an opportunity to share their side of things).
Due process is a universal right and a fundamental aspect of American society (one that is supposed to apply to all of us, without exception for a reason).
Because of its universal application, due process is intended to be guaranteed for everyone.
Due process is HOW we determine if someone has committed an offense or not. It is supposed to be “innocent until proven guilty” but without due process, it is the other way around but WORSE - we’re left with “guilty if you’re accused” (with no chance to review the evidence or claims against you).
Historically Marginalized Groups Face Additional Risks
It is important to note that there have always been people (and groups) in this country who the justice system frequently fails. The system is biased and too often stacked against those lower in the social hierarchy (especially those with the fewest resources available to them).
Those with excess money to spare often don't fear tickets, fines, or being tied up in the legal system, but for those of us barely making it week to week, missing work, paying fines, or being locked away even for a day or two can ruin our lives.
Biases in the current legal system already often negatively impact some people more than others.
Some people are more likely to be targeted by law enforcement or to have law enforcement encounters:
Anyone who is not mayonnaise complected
Deaf People
Autistic People
Those with other disabilities
Queer People and Transgender People (especially in states like Texas and Florida)
If due process continues to be eroded, it will affect the most vulnerable more than those who are privileged, but it will also impact those who unwisely assume they are safe.
Without due process, governments can easily abuse power, targeting critics or vulnerable groups, leading to unchecked oppression.
This mindset (that some people don't get due process) is dangerous because it suggests fundamental rights (that protect fairness) shouldn't apply to specific groups, eroding the principle that everyone deserves legal protection, regardless of status.
Once this dangerous precedent (of denying due process) becomes normalized for one group, it can be easily spread, enabling governments to strip rights from anyone they deem "less deserving" or "enemies of the state."
Removing human rights from entire groups of people also fuels dehumanization and increases the risk of harm to innocent people who may already be vulnerable.
When people are 'deported' without due process (kidnapped and trafficked to concentration camps or elsewhere), it becomes impossible to know if they were in this country legally or not without due process, making it very easy for US citizens and people legally within US borders to be wrongfully targeted, locked away, ejected... or worse.
In addition, the erosion of trust in our justice system can lead to social unrest, increasing the risk of militarized police forces being used within our borders.
This is fascism, where people who speak out are more likely to be jailed, punished, silenced, disappeared, or worse (without fair trials or evidence).
Fascist leaders (dictators) lead (and thrive) by creating widespread fear, making examples of those who speak truth to power as a way to discourage others from challenging abuses. This encourages corruption and oppression to grow unchecked.
Though the more vulnerable (and those lower in the social hierarchy) will be hit first and hardest, eventually, everyone becomes more vulnerable to unchecked government power in a fascist environment.
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- Lyric
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