What is due process?
What is due process?
Due process is a fundamental principle enshrined in the U.S. Constitution that requires the government to act fairly and equitably when taking actions that affect a person's life, liberty, or property. Due process aims to protect individuals from arbitrary governmental power.
The Fifth and Fourteenth Amendments say that no person shall be "deprived of life, liberty, or property, without due process of law." This protection applies to everyone within the United States, regardless of immigration status.
Why are we talking about due process right now?
Recent statements and actions by the Trump administration have raised concerns about the erosion of due process rights.
In a recent interview, President Trump questioned the necessity of due process for immigrants, suggesting that the sheer number of cases makes it impractical:
"We're going to have five million trials? It doesn't work. It doesn't work. You wouldn't have a country left."
Further, the administration is considering suspending immigrants’ rights to habeas corpus—a legal principle that allows individuals to challenge unlawful detention—citing a Constitutional provision that permits such suspension in cases of rebellion or invasion. This right is a core element of due process, and the broad legal consensus is that only Congress can suspend it.
Why Does this Matter?
Throughout history, Jewish communities have been vulnerable to arbitrary actions and government overreach—whether it be during times of crisis or political upheaval. In the face of such adversity, the right to due process has often served as a critical safeguard.
The suspension of due process rights sets a dangerous precedent. The Constitution's protections are designed to apply to all "persons," not just citizens. This includes the right to a fair trial and protection against arbitrary detention.
Legal experts warn that undermining these rights for any single group could lead to a weakening of civil liberties for all. Whether or not you agree with the President’s policies on immigration, we should all be concerned about efforts to erode Constitutional rights. If the President can deny due process rights to immigrants today, he or a future President could deny those rights to other groups, including Jews, tomorrow.
What can be done?
Learn → Educate yourself on the Constitutional guarantees of due process and the historical context of habeas corpus.
Speak → Educate your community about this issue and why it is important that they speak out (feel free to use language from this explainer).
Act → Call your member of Congress to express concern over any actions that threaten due process rights.
