OMAHA, Nebraska (KMTV) — Iowa Senator Chuck Grassley heard heated comments at recent town halls about the removal of immigrants from the country; some of them, seemingly, without due process under the law. So, what does "due process" really mean?
WATCH KATRINA'S STORY HERE
- Creighton law professor, Paul McGreal, says if the government wants to limit our personal liberty — like putting us in jail — we're entitled to know about the accusations and have a chance to make our case. In a nutshell: due process.
- McGreal: "Because otherwise, the government has unlimited power. They could literally come to any of our homes, take us, and do whatever they want to us ... Without due process, it is unlimited, unreviewable power in one person."
- On his regular call with reporters Wednesday, Grassley implied that Kilmar Abrego Garcia — who was flown to a prison in El Salvador — may have received due process because he was denied asylum status several years ago. He did, however, have temporary legal status in the United States and was not given a hearing before his removal from the United States in March.
- Speaking about immigration, Grassley said the United States Supreme Court should clarify what counts as due process.
WATCH EXTENDED INTERVIEW WITH CONSTITUTIONAL LAW PROFESSOR PAUL MCGREAL
BROADCAST TRANSCRIPT:
"These people have been sentenced to life imprisonment in a foreign country. With no due process."
That video is from Sen. Chuck Grassley's recent town hall in Fort Madison.
I'm southwest Iowa reporter Katrina Markel.
Following the detainment and removal of people living in the United States, we've been hearing the words "due process" a lot, but what is it?
Creighton law professor, Paul McGreal, says if the government wants to limit our personal liberty — like putting us in jail — we're entitled to know about the accusations and have a chance to make our case. In a nutshell: due process.
McGreal: "We shouldn't have to just take the government's word for it that they're right that we committed a crime, that we're deportable, that we're an alien enemy."
It applies to everyone in the U.S., citizen or not.
Katrina: "Why is that a key part of the Constitution?"
McGreal: "Because otherwise the government has unlimited power. They could literally come to any of our homes, take us, and do whatever they want to us ... Without due process, it is unlimited, unreviewable power in one person."
I asked Grassley about people being removed from the U.S.
Katrina: "As the chair of the judiciary committee, are you at all concerned that the deportations we've seen recently are not giving due process to those individuals?"
Grassley: "The one that has made the most publicity has had two judges say that he was not entitled to asylum. I don't know how many more times he would go before a judge to make due process. Nobody has told me that."
His solution for the confusion: "... it would be a good thing if the United States Supreme Court cleared that up for us."
