At Landerholm Immigration, A.P.C., we believe that immigration is not just a policy issue—it's a reflection of how seriously we take fundamental rights in the United States. One of those core rights is due process, and right now, it’s under threat—not just for immigrants, but potentially for all of us.
In recent years, we’ve seen a troubling erosion of due process protections for immigrants, both those here legally and those without legal status. This should alarm everyone—because when rights begin to erode for one group, they inevitably begin to erode for others as well.
What Is Due Process?
Due process is a basic constitutional guarantee. At its core, it means fairness. Before the government can take away your freedom, your property, or your ability to stay in the country, it must follow a fair and just legal process. That includes:
- Telling you what you’re accused of
- Giving you a chance to respond and present your evidence
- Having your case heard by a neutral, unbiased judge
Due process is protected under both the Fifth and Fourteenth Amendments of the U.S. Constitution. Importantly, these protections apply to “persons”—not just citizens. Courts have consistently held that immigrants, regardless of status, are persons under the Constitution and are therefore entitled to due process protections.
Why Should U.S. Citizens Care?
It’s easy to think this is just an “immigrant issue,” but history tells a different story. When constitutional rights are denied to one group, it opens the door to broader abuses.
We’ve seen this before. During World War II, Japanese Americans—including U.S. citizens—were interned without hearings or due process. The courts at the time upheld it. Decades later, we look back in shame. The erosion of rights didn’t start with everyone—it started with one group, and it grew from there.
If the government can bypass constitutional protections for immigrants today, what’s to stop it from doing the same to citizens tomorrow?
The Chilling Effect of “Anti-American” Labels
There’s another dangerous trend on the rise: labeling criticism or dissent as “anti-American.” In some policy discussions, government officials have argued that immigrants expressing “anti-American views” may not be entitled to stay in the country.
But what counts as “anti-American”? Is it raising concerns about policy? Criticizing the administration? Voicing disagreement over immigration enforcement? The problem with this kind of language is that it’s vague, subjective, and ripe for abuse. And again, if this is how we treat immigrants today, what happens when similar standards are applied to U.S. citizens tomorrow?
The Abrego Garcia Case: A Wake-Up Call
Consider the troubling case of Abrego Garcia, a man wrongfully deported to El Salvador despite a court order. Even after admitting the mistake, the administration refused to facilitate his return. The Supreme Court stepped in and ordered the government to bring him back—and that order has been ignored.
This isn’t just about one man. It’s about whether or not we live in a country where the government must obey the Constitution—even when it’s inconvenient.
If Supreme Court orders can be ignored in one case, how long before they’re ignored in others? That’s how the rule of law breaks down.
We All Have a Role to Play
The time to speak up is now. When we allow due process rights to be stripped away from immigrants, we set a dangerous precedent. Our democracy depends on equal protection under the law—for everyone. It’s on all of us to demand accountability from our leaders, to stay informed, and to protect the constitutional rights that define this nation.
At Landerholm Immigration, A.P.C., we fight every day to defend the rights of immigrants and ensure their voices are heard. But this isn’t just our fight—it’s everyone’s. Because if we don’t stand up for immigrant rights today, who will stand up for our rights tomorrow?