It always begins with them. A group who is demonized, criminalized, stripped of legal protections and turned into scapegoats for an administration intent on consolidating power. It’s the playbook of authoritarian regimes throughout history. And it’s playing out now in the United States, a nation founded on due process and individual rights. Recent mass deportations carried out under legally dubious justifications should serve as a stark warning to all Americans.
Just days ago, ICE deported 137 without due process to El Salvador under the authority of the Alien Enemies Act. The Act is an antiquated law from the 18th century that has historically been used only in times of declared war against foreign adversaries. The administration justified the deportations by labeling the individuals as members of Tren de Aragua, a Venezuelan criminal organization, and extensions of the Venezuelan government. With those accusations, their right to due process vanished. A federal judge issued a temporary restraining order to halt the deportations, yet the flights continued in direct defiance of the judiciary. The administration brazenly argued, among other dubious justifications, that once the planes were in the air, they were beyond the reach of the court.
Legal scholars have issued dire warnings. Constitutional law professor Laurence Tribe said that "This is a direct assault on the rule of law. When a president openly disregards judicial authority, the entire foundation of our legal system is at risk." And the American Civil Liberties Union (ACLU) condemned these actions as "unprecedented and deeply troubling," warning that they set "a dangerous precedent for unchecked executive power."
This should be a clarifying moment for all Americans. The use of wartime powers in peacetime, the bypassing of judicial authority, and the swift targeting of a vulnerable group are all hallmarks of democratic erosion. The assumption that these powers will only be used against non-citizens is a dangerous illusion. If a government feels emboldened to ignore court rulings now, what will stop it from doing the same to American citizens later?
History is replete with examples of how rights once denied to a marginalized group are soon denied to the general population. The internment of Japanese Americans during World War II was justified through executive fiat despite its blatant constitutional violations. The Red Scare of the McCarthy era saw thousands of Americans persecuted on nothing more than unsubstantiated allegations of communist sympathies. After 9/11, mass surveillance programs were expanded under the guise of national security, sweeping up the communications of ordinary Americans without their consent. Each of these abuses followed the same pattern: manufacture an enemy, strip them of their rights, and use them as a test case for broader government overreach.
We are witnessing the next phase of that cycle today. If the executive branch can deport individuals without due process by invoking wartime laws in a time of peace, what prevents it from detaining American citizens under similar pretenses? If a court order can be disregarded on a technicality today, what stops a government from ignoring court orders entirely tomorrow?
Mary McCord, a former Justice Department official, issued a stark warning, arguing that "History tells us that once a government begins dismantling legal protections for one group, those powers inevitably expand. This is a dangerous moment for American democracy."
Many Americans may believe they are immune to such abuses, that their citizenship provides an inviolable shield against government overreach. But history shows that this isn’t the case. Democratic norms don’t erode selectively. The same legal void that justifies denying rights to non-citizens can be used, and are being used, to target journalists, activists, political opponents, and ordinary citizens.
The scariest aspect of these deportations is the precedent they establish. The question is no longer whether this administration will continue expanding its power. It already has. The question is whether the American people will recognize the warning signs and act before it is too late. Unfortunately, the American people don’t seem to be paying much attention to anything anymore, not even the erosion of their freedoms.
This isn’t a partisan issue. It is not about left or right, Democrat or Republican. It is about the fundamental principles that define a free society. Do we still believe in the right to a fair trial? Do we believe that no president should be above the law? Do we believe that the courts should serve as a check on executive power? If the answer to these questions is yes, then we must act quickly.
The first step is awareness. We cannot afford to be complacent or dismissive, to say, “Well, they weren’t citizens.” That mindset is precisely what allows authoritarianism to gain a foothold. We must speak out, contact our representatives, support organizations fighting these abuses, and demand accountability from those in power. Every unconstitutional action, every act of executive overreach, and every attempt to normalize lawlessness must be challenged.
Second, we must reject the politics of fear. Fear is the oldest tool of autocrats. It is used to justify excesses, to convince the public that sacrificing liberty is necessary for safety. We have seen this tactic before, and we must reject it unequivocally. We do not protect America by abandoning its constitutional principles, we destroy it.
Finally, we must prepare to resist in every way available to us. This means supporting investigative journalists who expose government abuses, voting for candidates who uphold democratic norms, and engaging in direct action when necessary. It’s too late for passive observation. We are at a crossroads and the choices we make now will define the future of this nation.
History has taught us that democracies do not fall overnight. They erode gradually; each new transgression met with indifference rather than outrage. Today, it is 137 people deported without due process. Tomorrow, it will be political dissidents silenced, journalists imprisoned, or citizens detained without charge.
Look, folks, the fight for democracy is not theoretical nor distant. It is unfolding in real time. Right now. The question is not whether democracy is under attack. It is that it is. The only question that remains is whether we are willing to fight back before it is too late.
Fighting back comes with a very real cost, though. With freedom of speech under direct attack by the Trump administration, writing or speaking in opposition to the regime is dangerous. Even protestors are being detained and threatened.
We must act now. If we do nothing, we may soon find that we no longer have the right to act at all.
Disclaimer: Jim Powers writes opinion columns. The views expressed in this editorial are my own and do not necessarily reflect those of Polk County Publishing or its affiliates. In the interest of transparency, I am politically Left Libertarian.
