In my opinion our forefathers were geniuses when they wrote our Constitution. Our Constitution, the oldest national constitution in use today, defines the principle of government and their jurisdictions and the basic rights of citizens

Its first three words – “We The People” – affirm that the government of the United States exists to serve its citizens. Our constitution describes the three equal branches of government, each with specific responsibilities. The Legislative branch makes the laws and controls the purse, the Executive branch enforces the laws and the Judicial branch interprets the law to ensure compliance with our Constitution. Each branch is to act as a check and balance to the other branches.

In our Constitution there are two central legal concepts that protect and empower the individual : Due Process and Habeas corpus. Due Process guarantees fundamental fairness and requires the government to follow specific procedures before depriving someone of life, liberty, or property. Due process is a cornerstone of fundamental fairness, mandating that the government adhere to established procedures when considering the deprivation of an individual’s life, liberty, or property.

It is enshrined in our Fifth Amendment that reads: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I note it says no persons, not citizens. Explicitly making this right to all and any person arrested in our Country regardless of their citizenship. The 14th Amendment expanded the right to due process to States prohibiting them from depriving an individual of life, liberty, or property without due process.

The concept of Habeas Corpus goes back in history to even before the Magna Carta as a fundamental right of all persons accused of a crime.

Roughly translated from Latin, habeas corpus means “you should have the body” — as in, a person must be able to appear before a court so that a judge can assess if that person has been lawfully detained. It essentially states prisoners have the right to challenge their imprisonment in a court of law. This legal principle is clearly and specifically stated in Article One of the US Constitution “the privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or invasion the public safety may require it”.

Yet we are seeing both of these fundamental principles enshrined in our very Constitution ignored by this administration. We are seeing people detained without either of these fundamental principles applied. All those people sent to El Salvador were accused of being members of a vicious gang from Venezuela, with absolutely no proof.

All were deprived of their right to due process. None of them were presented with evidence against them, stripping them of their constitutional right to challenge the charges. Allegations were simply made followed by deportation to one of the worst prisons this side of the Atlantic. None of them were given the ability to dispute the charges, make a case of their innocence or otherwise fight the charges. All in direct violation of our Constitution.

We have seen students and professors deprived of liberty based on the fact they participated in a protest, mainly against the genocide happening in Gaza. Their detention ignores the fact we have a First Amendment right to freedom of speech, press and the right to peacefully assemble and bring grievances to the government.

ICE seems to be regularly and forcefully ignoring our rights under our Constitution as they wear masks disguising their identities forcefully grabbing people, including women and children, taking them away. Many times without any notification of where they will be detained, for how long, and clearly no due process. Make no mistake ICE is not looking just for known criminals, but rather for anyone who might be here undocumented for whatever reason.

If we were serious about immigration a bill would be presented that would address the many issues that contribute to why so many undocumented people in our country. A bipartisan bill was ready to be voted that would have been a good start to addressing the issue. I wonder why we choose to do this massive round up invading neighborhoods and causing fear rather than push Congress to do their job and bring the people a bill?

In America we protect the rights of the accused even when they may be accused of hideous crimes — think of Charlie Manson. We hold to our values that every person accused has the right to habeas corpus and due process. These rights are part of what distinguishes us from other countries in the world where citizens have few to no rights. Let us never divert from our values that set us apart from other countries. Let us always live up to our highest values, the rights and freedoms outlined in our constitution. Let us never forget that

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Judi Lutz Woods is a Fredonia resident.