[Congressional Record Volume 171, Number 81 (Wednesday, May 14, 2025)]
[House]
[Pages H2013-H2014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              LETTER TO SECRETARY NOEM AND SECRETARY RUBIO

  (Mr. Latimer of New York was recognized to address the House for 5 
minutes.)
  Mr. LATIMER. Mr. Speaker, I recently wrote a letter to Secretary Noem 
and Secretary Rubio, which I will share with my colleagues.
  ``I write today to express my grave concern over the administration's 
apparent misuse of obscure provisions in our Nation's immigration laws 
to deport or detain indefinitely individuals without due process. 
Independent of whether a noncitizen is guilty of what they are being 
accused, I fear these actions are setting a bad precedent that 
undermine the American justice system, runs contrary to the letter and 
the spirit of the U.S. law, and pose a risk to American citizens at 
home and abroad.
  ``The Fifth Amendment provides that all persons in the United States 
are entitled to due process of law, including, at minimum, notice, an 
opportunity to be heard, and a decision by a neutral decisionmaker. 
Contrary to this constitutional protection, the administration has 
decided to leverage exceptions in the law, such as invoking the foreign 
policy bar of the Immigration and Nationality Act (INA) and/or the 
Enemies Alien Act of 1798 as its reasoning for detaining or deporting 
individuals without due process.
  ``The foreign policy bar of the INA states that if the Secretary of 
State has reasonable grounds to believe an alien's entry, proposed 
activities, presence, or activities in the United States would have 
`potentially serious adverse foreign policy consequences for the United 
States, that person can be excluded or deported from the United 
States.'

                              {time}  1115

  ``Similarly, the Alien Enemies Act of 1798 permits summary 
deportations during times of war and was last invoked during World War 
II. These provisions now have novelly been used during peacetime as 
grounds to send Department of Homeland Security agents to the homes of 
individuals with varied alien status, including permanent residents and 
asylum seekers, arrest them, and either detain them indefinitely or 
forcibly deport them. Lawyers representing the subjects have been 
denied access to their clients as well as access to the warrants and 
other official documents. Judicial orders have been blatantly ignored 
and courts denied access to potentially evidentiary information.
  ``I am concerned these actions by the administration are simply a 
trial balloon to expand Presidential authority without judicial or 
legislative oversight in order to detain individuals at their will or 
discretion. The constitutional checks and balances and our Bill of 
Rights have been the envy of the free world and a warning to dictators 
everywhere that a nation can be strong and secure and at the same time 
show forbearance in the administration of justice. Seeing the erosion 
of these concepts in our own Nation is disheartening, to say the least, 
and a dangerous precedent to entertain for any free people.
  ``It is my responsibility to speak out, not because I agree with the 
affected individuals or sanction acts for which they are accused, but 
because if we wish to live in a democratic society, we

[[Page H2014]]

must defend the lawful rights of all, including those whose actions 
make them subject to the American justice system. The actions taken by 
the administration to arrest, detain, or deport without lawful due 
process sets a dangerous precedent for us all, even those who one day 
may count themselves among former holders of high office. Americans 
also now risk being subject to retaliatory treatment in other 
countries. Given the centuries-old protections granted by our 
Constitution, I urge the administration to rethink its actions in order 
to preserve the letter and the spirit of our American laws.''

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