The evil at your door

The deportation action as regime change

Individuals associated with the federal government have, in defiance of a court order and without a trial or any form of due process, deported hundreds of people from the territory of the United States to El Salvador, where they will be held indefinitely in a concentration camp.

1. This violated fundamental rights enumerated in the Constitution. Everyone in the United States has the right to a fair trial with due process of law. People who say things along the lines of "enemy combatants don't have the right to due process" are wrong. And it is important to understand the implications of that position. Anyone can be named an "enemy combatant." More fundamentally, once you accept any exception to the general rule, you are just inviting executive power to always use that exception, or make up another one. If you are a citizen and you are casting doubt on the importance of due process, remember this: you need due process in order to prove that you are a citizen.

2. The deportation was done in violation of a court order, according to a plan to undo the rule of law. This means that the action was not only specifically illegal, but designed as a challenge to the rule of law as such. Naturally, the individuals who chose to ignore a court order carefully selected the moment when they would do so. They chose a situation that they could characterize as us against them, the Americans against the foreigners, the regular people against the criminals. They are deliberately associating the law itself with people, the deportees, who they expect to be unpopular. This is a tactic, and historically speaking a very familiar one. In this way they hope to get popular opinion on their side as they ignore a court order. But if they succeed in making an exception once, it becomes the rule.

3. You do not know who was on those two planes to El Salvador. The individuals who arranged the deportation claim that the deportees were "foreign alien terrorists," but we have no way of knowing whether this is true. They also claim that they were “monsters,” which is not true. We do not know the names of the human beings who were deported. We cannot therefore know whether they were foreigners or American citizens. As to whether they were terrorists: they were not convicted of any crimes, and so it is hard to know whether or how this would be true. There is no doubt that their rights were violated. But your rights have been violated as well. If you do not know the details about operations that forcibly remove human beings from the territory of the United States, you do not have a responsive government. And you are therefore at risk.

4. Immigration and emigration are matters of legislation, the responsibility for which is delegated by the Constitution to Congress. In organizing a deportation outside the bounds of any particular law, and indeed outside the bounds of law in general, the executive is not only challenging Congress but disputing its purpose. The deportation action, in other words, is a direct blow not only to the judiciary but to the legislative branch of the federal government. It is an assertion of total executive authority that has no basis in law or tradition.

5. The individuals involved are declaring their power to define reality, independently not only of judicial but of all verification. There is no basis for this deportation beyond speech acts and keyboard acts. The words ("foreign alien terrorists," "monsters") are doing the work. There are no procedures between the movement of mouths and the movement of bodies. If members of the executive branch are allowed to issue truth claims that have the consequence that human beings leave the United States, we are in a dictatorship. If we accept that the executive branch can simply deport anyone they call a "foreign alien terrorist," then none of us has any rights.

6. The language that is being used has a specific resonance, which, historically, has been used to change regime type. It is important that the rights of human beings were violated. It is important that the rule of law was ignored. It is important that the executive is trying to define reality. But beyond even the issues of right and wrong and reality and unreality is the issue of language and behavior. We must consider just how the words are selected and what they are meant to do to us. "Foreign" means that they are not us. "Alien" means that we should hate them. "Terrorist" means that we should hate them enough to allow a state of exception, a suspension of normal practices, a change of regime. There is a long history of this, all around the world, including Hitler in 1933 and Stalin in 1934.

7. In an Orwellian reversal, defenders of the law are being associated with crime. The whole point of the rule of law is that everyone has a certain human dignity, which requires that they get their day in court, consistent with certain procedures. We do not know who is a criminal and who is not without these acknowledgements and these processes. The executive is claiming that it can simply name people "criminals" or “terrorists” or "monsters"-- and then contend that the defenders of law associates of criminals or monsters. In this way, the individuals who are carrying out this dictatorial action smear those who defend the Constitution by associating them with crimes, and of course with the most corporeal and unpleasant crimes. This is a logic entirely foreign to freedom, and destructive of it.

8. The smear campaign extends to political opponents. The executive branch is claiming that the people they call "terrorists" were in the United States thanks to the deliberate actions of the Biden administration, Democrats, and so on. "These are the monsters," says the chief executive, "sent into our Country by Crooked Joe Biden and the Radical Left Democrats. How dare they!" Again, we do not know whether the deportees have committed any crimes, or indeed who they are. We are meant to accept the mouth and keyboard movements of individuals associated with the federal government as generative of dispositive truth on this matter. Pushing the blame for the existence of "foreign alien terrorists" onto political opponents is meant to delegitimate them, and to undermine their place in the political order. It is a strike, in other words, against democracy and basic political freedom.

9. Anyone can be dehumanized, portrayed as a "monster," and the dehumanization proceeds from the humiliation of the body. If you took one of these deportees, gave him a certain haircut, and put him in a suit, he would look like a cabinet member. If you take a cabinet member, shave off his hair, put him in a prison jumpsuit, chain his hands, and then put him between two masked men who frogwalk him to a deportation plane, he would like like a criminal. The photos and videos of humans beings to whom this is done are dehumanizing, and deliberately so. We are meant to conclude from the images that these men must be "monsters" or "foreign alien terrorists." The only thing we should be concluding is that individuals associated with the foreign government are behaving in a way that is totally inconsistent with liberty under law.

10. This deportation was planned as a political spectacle. The deportees were carefully chosen, as was the language used to describe them. The messaging was obviously coordinated in advance. And the entire humiliating procedure was carried out before cameras that were already in place. The videos that are being distributed are not some assemblage of footage caught haphazardly by cell phones. They are the result of fixed cameras, set in place in advance, with camera operators awaiting the action. The result is propaganda film worthy of the 1930s, in which the Leader determines what is true and what is false and who is human and who is not ("monsters") through a procedure of charismatic violence. If you watch these films, please consider that they are meant to draw you in to a politics of us and them, to a world of lying and hatred beyond law, to a new regime that can come to replace our republic -- but only with your assent.