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DOMESTIC POLICY

Civil Liberties & Due Process

Protecting Constitutional Rights

Emgage Action stands firmly against unconstitutional surveillance, the criminalization of protest, and the erosion of civil liberties. We believe that every individual—regardless of faith, background, or immigration status—is entitled to a fair and impartial process under the law. In the face of escalating threats to these foundational principles, we are committed to defending the rights enshrined in the Constitution.

DOMESTIC POLICY

Civil Liberties & Due Process

Protecting Constitutional Rights in an Era of Erosion

Emgage Action stands firmly against unconstitutional surveillance, the criminalization of protest, and the erosion of civil liberties. We believe that every individual—regardless of faith, background, or immigration status—is entitled to a fair and impartial process under the law. In the face of escalating threats to these foundational principles, we are committed to defending the rights enshrined in the Constitution.

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Protect Free Speech & Uphold Civil Liberties

Congress has removed H.R. 867—the “IGO Anti-Boycott Act”—from the House vote schedule, but this dangerous bill could return at any time. It sought to expand the 2018 Anti-Boycott Act by extending its restrictions to boycotts led by international bodies like the United Nations. It’s another attempt to penalize individuals and institutions that support boycotts—such as those targeting Israel—even when grounded in human rights. The bill would criminalize peaceful advocacy, with penalties of up to $1 million and 20 years in prison, threatening free speech, targeting civil society, and expanding government overreach. We must fight it!

Erosion of Constitutional Protections

The Trump administration has escalated efforts that undermine the First and Fourth Amendments, targeting political dissent, eroding due process protections and supressing protests—particularly for pro-Palestinian voices.

Silencing Political Speech

The administration has increasingly used immigration enforcement, police surveillance, and academic disciplinary measures to silence pro-Palestinian speech. Students, legal residents, and peaceful demonstrators have been detained, arrested, or targeted after engaging in campus protests or public advocacy. In several cases, local police shared protest-related information with federal agencies, leading to deportation proceedings or prolonged detentions. These actions reflect a clear strategy to chill political expression and marginalize Muslim and Palestinian voices in particular. 🔗 🔗

Arbitrary Detentions & Due Process Failures

Activists and students have been detained without warrants, often denied timely hearings or access to legal counsel. Federal agents have appeared at immigration check-ins, naturalization interviews, and even student housing to detain individuals engaged in pro-Palestinian advocacy. These detentions are frequently retaliatory in nature, undermining the core due process protections guaranteed under the Constitution. The use of immigration law as a tool to silence dissent represents a fundamental breach of both civil rights and the legal norms that protect political expression. 🔗

Suppression of Protests

Protests calling for a ceasefire or expressing solidarity with Palestine have been met with disproportionate crackdowns on campuses and public spaces across the country. Encampments have been forcibly cleared, demonstrators arrested en masse, and entire protest zones shut down under the guise of public safety. This pattern of overreach—bolstered by executive pressure and police coordination—signals a dangerous precedent in which peaceful assembly is treated as a threat, rather than a protected right. 🔗 🔗

The Danger of Unchecked Constitutional Violations

Failure to address these constitutional violations sets a perilous precedent, threatening the integrity of democratic institutions.

  • Kilmar Abrego Garcia Case: A Maryland resident was mistakenly deported to El Salvador and imprisoned, despite a unanimous Supreme Court ruling ordering his return. 🔗
  • Venezuelan Deportations: Under the Alien Enemies Act, over 100 Venezuelans were deported without due process, despite the U.S. not being at war with Venezuela. 🔗
  • Fast-Track Deportations: The administration expanded fast-track deportations, bypassing fair legal processes and denying individuals the opportunity to contest their removal. 🔗
  • Suppression of Legal Representation: Efforts to intimidate law firms, defy and threaten judges, and defund children's attorneys aim to cut off immigrants' access to legal representation. 🔗
  • Use of Guantanamo Bay for Migrants: The administration's consideration of transferring migrants to Guantanamo Bay signals a troubling approach to immigration enforcement. 🔗

Emgage Action's Policy Recommendations

1. Legislative Oversight

Enact laws that reinforce checks and balances, ensuring executive actions are subject to judicial review and congressional oversight.

2. Protecting the Right to Assemble

Defend the right to peaceful assembly by opposing legislation that seeks to criminalize protests and by supporting measures that facilitate free expression.

3. Ensuring Due Process

Guarantee that all individuals, regardless of immigration status, have access to legal representation and fair hearings before any removal or detention actions.

4. Transparency in Enforcement

Mandate transparency in immigration enforcement actions, including clear communication of rights and legal procedures to affected individuals.

5. Opposing Misuse of Authority

Challenge the misuse of wartime laws, such as the Alien Enemies Act, to prevent their application in contexts that violate constitutional protections. 🔗

Emgage Action remains steadfast in its commitment to defending the civil liberties and due process rights of all individuals, advocating for policies that reflect the core values of justice and equality.

© Emgage Action 2025