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Andy Craig, IHS Fellow

In Case You Missed It

In his latest piece for The UnPopulist, IHS Fellow Andy Craig discusses the Trump administration’s policy of deporting individuals to El Salvador’s notorious maximum-security prison, CECOT. He notes that this policy not only violates court orders but also undermines fundamental principles of due process and the rule of law. Walking through the history, he notes that habeas corpus and its predecessors date as far back as the Code of Hammurabi, through ancient Rome, and in Anglo-American law preceding even the Magna Carta. In short, the idea is as old as the very concept of laws and courts.

Highlighting the long history of the concept of being able to seek judicial review of incarceration, Craig writes the following:

“[T]he heart of the matter has always remained: Nobody can simply be disappeared by the government without an opportunity to seek relief from the courts. It is the core feature from time immemorial distinguishing free people from slaves.”

Craig traces the historical roots of due process, emphasizing its role as a cornerstone of legal systems dating back to ancient civilizations. 

Read the full article here:Trump’s Policy of Shipping Innocents to the Salvadoran Gulag Shows Utter Contempt for Not Just the Constitution but Law Itself

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