Due Process Matters

Use the resources here to share practical details, combat disinformation, and prepare yourself to discuss why due process matters and how it is being threatened by the administration.

Shareable Digital Guide

Please use this link to share a digital guide to understanding why due process matters and how it is being threatened. If you would like to include a link on printed materials, use the QR code below.

Talking Points:

🔹 Foundational Principle

• Due process is the bedrock of a fair legal system. It ensures everyone receives notice of legal action against them, a chance to be heard, and protection against arbitrary government action.

• It’s not partisan — it’s constitutional. Guaranteed by the 5th and 14th Amendments, due process protects all individuals from the abuse of power, regardless of political affiliation.

🔹 Current Threats to Due Process

1. Erosion of Legal Protections for Marginalized Groups

   • Policies targeting immigrants, protesters, or marginalized communities often involve detention without timely hearings or access to legal counsel.

   • Example: Expedited removal proceedings or family separations at the border have skirted due process protections.

2. Cash Bail and Pretrial Detention

   • People are jailed for being poor, not dangerous — stuck in pretrial detention without a conviction.

   • This undermines the presumption of innocence and disproportionately affects Black, Brown, and low-income communities.

3. Surveillance and Digital Policing

   • AI tools, facial recognition, and predictive policing software are often used without transparency or accountability.

   • Individuals may be flagged or arrested based on flawed or secretive data, with no meaningful way to challenge errors — a direct threat to due process.

4. Legislation Undermining Judicial Review

   • Some laws limit the ability to appeal or challenge government decisions in court, particularly in immigration, education, or public benefits.

   • When courts can’t review executive or administrative decisions, there’s no safeguard against abuse.

5. Politicized Courts and Prosecutorial Discretion

   • When prosecutors or judges appear to act for political gain rather than justice, the public loses trust that the legal process is fair.

   • Unequal enforcement of laws — harsher prosecution for some groups — undermines the fairness due process is meant to guarantee.

🔹 Why It Matters

• Without due process, no right is secure. If the government can take your freedom, children, home, or livelihood without fair procedure, then no law truly protects you.

• Due process is a civil rights issue. The right to a fair hearing, a lawyer, and an impartial judge are not just technicalities — they’re safeguards against discrimination and oppression.

🔹 Call to Action

• Protect the courts. Demand transparency, resist efforts to limit judicial independence, and support public defenders and legal aid.

• Hold systems accountable. Advocate for legislation that restores fairness to bail, immigration, and surveillance systems.

• Stay informed and speak up. When due process is eroded for one group, it threatens everyone’s freedom.