WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned state Attorneys General at a bicameral spotlight forum entitled “Defending the Rights of the People: States and Congressional Allies Fight Back Against Trump's Constitutional Abuses,” with a panel of Democratic state Attorneys General who are combatting the Trump Administration’s egregious and unlawful actions through litigation. House Judiciary Committee Ranking Member Jamie Raskin (D-MD-08) led the forum with Durbin.
Durbin first questioned the Attorneys General about the Trump Administration abusing due process, specifically regarding the U.S. Immigration and Customs Enforcement (ICE) mass deportation efforts. During his questioning, Durbin recounted a visit he made to an immigration court on Friday in Chicago to see firsthand what is happening during these immigration hearings.
“We know what’s happening in some of these cases—these people [immigrants] are appearing for hearings and the federal government—ICE—is standing up and saying ‘we’re dismissing the charges against this individual so there’s no case to consider,’ and at that point, [ICE] detain[s] them and deport[s] them to some country they once lived. There was that fear in the courtroom… This is [a] clear abandonment of basic due process… These are people who are trying to follow the law of America and get their day in court… I would like to ask each of you—have you run into similar issues of due process in your state and have any suggestions on what we [Congress] ought to be doing?” Durbin asked.
Illinois Attorney General Kwame Raoul responded that as a child of Haitian immigrants, he went through the immigration process himself. He continued to say that it is “unconscionable” what ICE is doing to the immigrants who are complying with the immigration process and responding to notices to appear in court and then are detained. He continued to say that it is the “furthest thing from due process.” AG Raoul also stated that he is defending the Trust Act in Illinois—which makes “certain that our law enforcement resources are not misused for immigration enforcement.”
Durbin has criticized the Trump Administration’s ongoing abuse of immigrants to attack the fundamental rights of all Americans. The United States Constitution lays out certain fundamental principles that define our country, including freedom of speech, due process, and the separation of powers. This Administration has used immigration to attempt to undermine our constitutional order and the rule of law, including— unprecedented attacks on due process.
Durbin then noted what he is hearing in the Senate Judiciary Committee nominations hearings and how Trump Administration nominees are responding to questions about the separation of powers and their oath to the Constitution.
“If you follow the questioning that’s been asked of judicial nominees over the last two decades—and I’ve served on the Senate Judiciary [Committee] during that period of time—it has changed dramatically under the Trump Administration. We are now asking nominees to the Department of Justice, even nominees to the bench, whether or not they believe an executive [branch official] has to follow a court order or whether they can defy a court order. That is so fundamental to due process and the rule of law,” said Durbin.
Video of Durbin’s questions in Committee is available here.
Audio of Durbin’s questions in Committee is available here.
With President Trump’s increasing attacks on our constitutional order and failure to confront political violence, the legislative branch and state governments must step in and do everything in their power to defend the rule of law and protect the American people.
During today’s hearing, the lawmakers heard firsthand testimony from Democratic Attorneys General from across the country leading this fight on behalf of their constituents and the American people, including: Attorney General Andrea Campbell, Massachusetts; Attorney General Keith Ellison, Minnesota; Attorney General Kwame Raoul, Illinois; and Attorney General Matthew J. Platkin, New Jersey.
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