The United States Constitution stands as a beacon of liberty and justice. It embodies the core principles that govern our democracy. Recent constitutional events have underscored the importance of Due Process, a fundamental right guaranteed by the Fifth and Fourteenth Amendments. In a nutshell, Due Process is the principle regarding the government to follow established rules and procedures when making decisions that affect an individual’s rights. Due Process applies to both citizens and non-citizens. As a Florida criminal defense firm, Christopher J. Jackson Law, PLLC is deeply passionate about constitutional law. We’ve witnessed firsthand how the interpretation and application of Due Process can significantly impact the lives of individuals facing criminal charges. Let’s dive into into some recent developments that highlight the ongoing relevance of Due Process in our legal system.
One notably current case that has garnered national and international attention is Kristi Noem, Secretary, Department of Homeland Security, et al v. Kilmar Armando Abrego Garcia, et al. This Supreme Court of the United States (SCOTUS) case has reignited discussions about the scope of individual rights and the government’s role in protecting those rights. Here’s the scoop:
Mr. Garcia was neither a United States citizen or a permanent resident. He did, however, have a standing 2019 Immigration Court Order “forbidding his removal to El Salvador.” The United States government arrested and deported him to his native land of El Salvador. After this removal was discovered, the Government stated it was an administrative error. The United States claimed that Mr. Garcia was a criminal and MS-13 gang member whose return to the States would create a “threat to the public.” Ultimately, SCOTUS ruled that Mr. Garcia was entitled Due Process. He should have been granted a hearing so that he could adequately defend himself against the United States’s assertions. Furthermore, the Court ordered that the Government “‘facilitate’ Mr. Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
The Supreme Court’s ruling serves as a reminder that Due Process protections are not just legal formalities; they are essential safeguards against arbitrary government action. As courts continue to grapple with such complex issues, it becomes increasingly clear that maintaining robust Due Process protections is crucial for upholding the rule of law and ensuring fairness in our judicial system.
Additionally, the rise of technology and its implications for privacy rights has introduced new challenges to Due Process. Recent legislative proposals addressing issues related to surveillance and data privacy emphasize the need for clear guidelines that protect citizens (and non-citizens) from unwarranted intrusions. As we navigate these constitutional waters, it’s vital to advocate for laws that reinforce the right to due process, ensuring that individuals are not deprived of their rights without fair procedures and legal recourse.
The ongoing debates surrounding Due Process in the United States highlight the necessity of vigilant advocacy and public awareness. We live here, so we must remain engaged in conversations about our constitutional rights and hold our government accountable. By understanding recent constitutional developments and their implications, we can better appreciate the foundational principles that protect our freedoms and work towards a more just society. Stay informed, stay engaged, and remember: the Constitution is a living document that continues to shape our democracy every day.
Connect with Christopher Jackson to ensure that your Due Process rights are protected throughout any state or federal criminal situation.