RawBelly

History’s Greatest Minds on Today’s News

Volume I · No. 58

Daily Debate

Friday, July 31, 2026

Today's Debate · ICE enforcement vs. constitutional rights

Should federal immigration enforcement agencies be permitted to detain and deport individuals without full due process protections guaranteed by the Bill of Rights?

A Reason magazine piece argues that ICE's current practices are shredding the Bill of Rights and are incompatible with genuine conservatism. The debate touches on whether non-citizens on U.S. soil hold constitutional protections and how far executive enforcement power may reach. This tension between national sovereignty, executive authority, and individual liberty sits at the heart of the American founding tradition.

JM

Rights attach to persons, not citizens

The Fifth Amendment does not say "no citizen shall be deprived of life, liberty, or property without due process of law." It says *no person*. That word was chosen deliberately, and it bears full weight. The framing generation understood that a government possessing the power to strip procedural protections from any class of persons present within its jurisdiction had, in principle, stripped them from everyone — because the definition of that class is always in executive hands. This is precisely the danger Federalist No. 51 warns against: when one branch concentrates both the accusation and the judgment, the structural check that protects liberty dissolves. Immigration enforcement is a legitimate sovereign function; no one disputes that. But legitimacy of purpose does not dissolve the requirement of lawful process. An executive that may detain and remove persons without hearing, evidence, or judicial review has claimed a power the compact never granted it — and history shows that such powers, once seized, do not confine themselves to the population for whom they were first claimed.

AH

Executive must enforce borders firmly

The executive power to enforce the nation's borders is real, necessary, and granted by the Constitution — I will not pretend otherwise. A government that cannot control who enters its territory is no government at all, and the argument for an energetic executive was never meant to be decorative. But here is where I must speak plainly to those who mistake raw force for strength: the Bill of Rights is not a membership card issued at the border. The Fifth Amendment says no *person* shall be deprived of life, liberty, or property without due process of law — not no *citizen*, not no *native-born resident* — every person on American soil. Firm enforcement and lawful process are not enemies; they are partners. Deport whom the law authorizes to deport, but do it through the law, with a hearing, with evidence, with a check on executive error. Speed without process is not efficiency — it is tyranny wearing efficiency's coat.

TJ

Tyranny begins with the vulnerable

The Bill of Rights does not begin with the words "all citizens" — it begins with protections for persons, and that distinction is not accidental. A government that suspends legal process whenever it finds the target sufficiently foreign or sufficiently unpopular has not limited tyranny; it has merely rehearsed it on those least able to resist. I have always held that the concentration of executive power, unrestrained by judicial review and the ordinary procedures of law, is the instrument by which liberty dies — not in a single blow, but by incremental exception. First the non-citizen, then the naturalized, then whoever the executive finds inconvenient. An enforcement apparatus that may seize a person, hold them, and remove them without the interposition of a court is not an agency of law — it is a standing threat to every person on this soil. The Republic either means what the Declaration says about human liberty, or it means nothing.

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