Close loophole that inhibits due process

For more than a century, immigration enforcement has been labeled “civil,” yet it uses powers that look and feel like criminal punishment — detention, raids, property seizure and the loss of livelihood. Because of that civil label, the Constitution has been allowed to sit on the sidelines. No judicial warrants. No guaranteed counsel. Limited review. It’s a loophole that would never be tolerated in any other area of American law.

I’ve drafted a proposal called the Due Process in Civil Enforcement Act (DPCEA) to close this gap. It restores a simple principle: when the government takes a person’s freedom, the Constitution should follow the person, not the label Congress assigned a century ago.

This isn’t about left or right. It’s about ensuring that civil authority — whether used today or by a future administration — is bound by the same constitutional protections that safeguard every community in Illinois.

We strengthen our democracy when we strengthen due process.

Rich Garling

Grayslake