In deporting immigrants, protecting due process protects everyone

When it comes to law enforcement in America, we’ve been lurching from one absurd idea to another — from defunding the police and decarceration to forgoing due process so we can ship immigrants out of the country.

Fortunately, there is a commonsense approach that keeps our communities safe, punishes bad guys, and respects everyone’s due process rights. I’ll go one step further and argue that protecting due process for each person — however unsavory he may seem — protects everyone’s rights in the long run.

Here are a few examples from the past month where due process was ignored.

The U.S. sent Kilmar Abrego Garcia, a 29-year-old Maryland husband and father, to El Salvador’s brutal CECOT prison. U.S. officials admitted this deportation was a mistake. Garcia had no proven gang affiliations, no criminal convictions. He was here legally with a valid work permit. The Trump administration claims it can’t undo the mistake and bring him back.

Neri José Alvarado Borges, 25, a Venezuelan baker living in Texas, was sent to the El Salvador prison because of a tattoo U.S. authorities said proved gang membership. The tattoo is a rainbow ribbon for autism awareness; Borges’ little brother is autistic. Borges was here legally.

Makeup artist Andry José Hernández Romero, 31, was in the U.S. seeking asylum because he claimed persecution in his native Venezuela for being gay. Romero took the legal route for asylum, and passed an initial screening. But he was thrown into CECOT anyway — because of a tattoo, a small crown associated with Three Kings Day.

It’s possible the gay makeup artist, the baker, and the young dad are bad guys. The problem is, we have no way of knowing. No evidence of crimes has been presented. They had no opportunity to defend themselves. No judges weighed their deportation cases.

By plucking people off the street and sending them, with no due process, to a gulag in another country, we are creating a culture of fear. Right here in Nassau County, I’m told of parents afraid to send their children to school. Families are devising plans for family members if someone is disappeared. People are staying home and canceling social events.

This will have serious downstream effects on society — especially public safety. If people are afraid of the authorities because of their status — real or perceived — we are all less safe.

Think of a teenager being run by a sex trafficker, or parents worried about gang activity, or a small shop owner who is repeatedly robbed. If they are afraid to talk to police, crime rates will go up. The already dangerous job of policing will be rocked by more volatility.

The immigration status of people who are victims of or witnesses to crimes should not be an issue. That is public-safety common sense.

Let me be clear. I am not arguing that local police stop working with federal law enforcement. Quite the opposite. When I was county executive, cross-jurisdictional partnerships helped keep Nassau County the safest community in America for three consecutive years, according to U.S. News & World Report. If you are a proven criminal and you are here illegally, you should be sent packing.

But if you believe everyone rounded up over the past two months is a criminal, and who cares about them anyway, think about this: One day someone else will be president. Someone you disagree with, or even despise. Maybe the new administration’s "enemy" will be your friend, your brother, or even you. I don’t mean to sound dramatic, but if we ignore the constitutional rights of one person, it could be any of us next time. It’s a slippery slope. 

This guest essay reflects the view of Laura Curran, the former Nassau County executive.