Letter to Secretary Noem and Secretary Rubio

Floor Speech

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Mr. LATIMER. Mr. Speaker, I recently wrote a letter to Secretary Noem and Secretary Rubio, which I will share with my colleagues.

``I write today to express my grave concern over the administration's apparent misuse of obscure provisions in our Nation's immigration laws to deport or detain indefinitely individuals without due process. Independent of whether a noncitizen is guilty of what they are being accused, I fear these actions are setting a bad precedent that undermine the American justice system, runs contrary to the letter and the spirit of the U.S. law, and pose a risk to American citizens at home and abroad.

``The Fifth Amendment provides that all persons in the United States are entitled to due process of law, including, at minimum, notice, an opportunity to be heard, and a decision by a neutral decisionmaker. Contrary to this constitutional protection, the administration has decided to leverage exceptions in the law, such as invoking the foreign policy bar of the Immigration and Nationality Act (INA) and/or the Enemies Alien Act of 1798 as its reasoning for detaining or deporting individuals without due process.

``The foreign policy bar of the INA states that if the Secretary of State has reasonable grounds to believe an alien's entry, proposed activities, presence, or activities in the United States would have `potentially serious adverse foreign policy consequences for the United States, that person can be excluded or deported from the United States.'

``Similarly, the Alien Enemies Act of 1798 permits summary deportations during times of war and was last invoked during World War II. These provisions now have novelly been used during peacetime as grounds to send Department of Homeland Security agents to the homes of individuals with varied alien status, including permanent residents and asylum seekers, arrest them, and either detain them indefinitely or forcibly deport them. Lawyers representing the subjects have been denied access to their clients as well as access to the warrants and other official documents. Judicial orders have been blatantly ignored and courts denied access to potentially evidentiary information.

``I am concerned these actions by the administration are simply a trial balloon to expand Presidential authority without judicial or legislative oversight in order to detain individuals at their will or discretion. The constitutional checks and balances and our Bill of Rights have been the envy of the free world and a warning to dictators everywhere that a nation can be strong and secure and at the same time show forbearance in the administration of justice. Seeing the erosion of these concepts in our own Nation is disheartening, to say the least, and a dangerous precedent to entertain for any free people.

``It is my responsibility to speak out, not because I agree with the affected individuals or sanction acts for which they are accused, but because if we wish to live in a democratic society, we must defend the lawful rights of all, including those whose actions make them subject to the American justice system. The actions taken by the administration to arrest, detain, or deport without lawful due process sets a dangerous precedent for us all, even those who one day may count themselves among former holders of high office. Americans also now risk being subject to retaliatory treatment in other countries. Given the centuries-old protections granted by our Constitution, I urge the administration to rethink its actions in order to preserve the letter and the spirit of our American laws.''

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