The Rule of Law is Almost Dead

This piece orginially appeared in the Fox Cities Progressive

To President Trump, the law means nothing. He does whatever he wants. He has arrested people and deported them without any consideration of due process, and he has peremptorily fired civil servants without alleging any legitimate causes for the firings. The president's party controls Congress, and that makes him safe from impeachment. He is immune from criminal charges resulting from just about anything he might do, and if his supporters are convicted of crimes, he can pardon them, thus making them immune, too.

Most recently, we have learned that a man in Maryland named Kilmar Abrego Garcia was arrested and deported illegally to El Salvador, where he is a prisoner in the Center for Terrorism Confinement, and the administration says that it happened through “administrative error.” Not only that, but the Trump administration claims that the courts cannot order that the man be returned to the United States because he is now in Salvadoran custody and is therefore outside of the jurisdiction of our courts! 

In other words, the administration made a “mistake” and has no intention of rectifying it. The man can rot forever in a Salvadoran prison. Apparently, the Center for Terrorism Confinement is now Mr. Trump’s Bastille, and “administrative error” is his lettre de cachet. We are now in the France of Tale of Two Cities. If you think that I am exaggerating, you should read this article.

A Hairsbreadth Away From the End of the Rule of Law

On Friday April 4, a federal district judge who did not agree with the administration's claim, ordered the administration to return Mr. Garcia to the United States by the evening of Monday April 7. However, instead of complying with the court's order, the administration appealed the court's decision to the 4th District  Court of Appeals, which declined to intervene, and consequently, the administration has made an emergency appeal to the Supreme Court.  In other words, President Trump intends to preserve his right to deport anyone at will without interference from the law or the courts.

The Chief Justice has delayed the district court's order temporarily to give the court time to think about this. We are on the cusp of a constitutional crisis and a hairsbreadth away from the end of the rule of law.

We Should Be Scared

Mr. Trump's determination to preserve at all costs his ability to deport anyone at will is extremely frightening. The case of Mr. Garcia may really be an administrative error, but there can be no doubt that our president has discovered a very convenient way to deport any of us at will in order to suppress dissent and enforce his will. Anyone who says anything he doesn’t like can be "disappeared" through an "administrative error." This possibility is in addition to the methods of dissent suppression.

Anyone may be made to disappear in this way. Why should administrative errors occur only with immigrants? Why can't an American citizen also be made to disappear through administrative error? We know that Mr. Trump is vengeful and vindictive, and we know that he has contempt for law when it opposes his will. He and his supporters are suggesting even now that Judge Boasberg is committing “judicial overreach” and “legislating from the bench” merely for insisting that the president follow the law. They say that an “unelected judge” should not be allowed to oppose the will of an elected president. In other words, they believe that an elected president should not be bound by the law. A vengeful and vindictive president with contempt for the law has surely figured out that “administrative error” provides him with an easy way to rid himself of inconvenient enemies.

We Must Resist

We cannot allow our freedom to be destroyed in this way. We must resist, and there are several ways to do it.

• We can talk to our friends and neighbors about what is happening. Begin with people who are already opposed to Trump or his policies. Encourage them to become politically active. Even this president cannot deport thousands of people.
• We can take part in public demonstrations opposing the president's policies.
• We can work for candidates running for office. The election of Judge Crawford to the Wisconsin Supreme Court has shown that working for candidates can be effective even against strong opposition.
• We can contact our representatives in Congress and urge them to oppose the president's attempts to stifle dissent. 
• Urge our representatives to oppose policies that will be economically harmful to our communities. This may be a very effective method because it may give even Republican representatives the confidence to oppose his policies.
• We can donate money to the candidates and political parties we would like to support.
• We can donate money to organizations like the American Civil Liberties Union and others that are fighting the the president in the courts. This may be the most effective method of resistance because delay is our friend. In 2026, the president will probably lose control of Congress, and that will reduce his power considerably.

We Should Be Prepared to Leave if Resistance Fails

I have no desire to leave my country. I am an American, and the United States is my home. However, we must face the possibility that we may need to leave if resistance fails. I recommend that everyone who values his/her freedom should begin to plan seriously to move to another country. With reasonable luck, we may never need to carry out our plans, but we should be prepared.

Here is what you can do. 

• First, if you don't have a passport, get one. If your passport is near its expiration date, renew it. 
• Second, Find out about countries that welcome American immigrants. 
  • Learn about the advantages and disadvantages of each country. 
  • Who can qualify for a resident visa? 
  • What is the cost of living there? How safe is the country? 
  • What kind of healthcare system does it have? 
  • Does it already have a large expat community? 
• Think about where you would like to live. 
  • Look into the process for getting a visa that will allow you to live there. 
  • If the process is lengthy, get it started. 

There are lots of resources online for obtaining the information that you will need. A search on something like “retiring abroad” or “living abroad” will get you started.