“First they came for the socialists, and I did not speak out — because I was not a socialist.
Then they came for the trade unionists, and I did not speak out — because I was not a trade unionist.
Then they came for the Jews, and I did not speak out — because I was not a Jew.
Then they came for me — and there was no one left to speak for me.”
–Pastor Martin Niemöller (1892–1984), a German Lutheran minister and early Nazi supporter who was later imprisoned in a concentration camp for opposing Hitler’s regime
Engraved on a granite stone at the U.S. Holocaust Memorial Museum in Washington, these lines also appear on a stone in Boston at the New England Holocaust Museum. Today, the threat Pastor Niemöller addressed is not directed against socialists, union organizers, or Jews, but at the hundreds of thousands of undocumented immigrants residing in the U.S. And all of us as well.
Those at risk include many migrants on the Island who have found homes here, lead productive lives, and contribute to the character and well-being of Martha’s Vineyard.
On March 17, President Trump’s immigration tsar, Tom Homan, engineered the transport of more than 200 Venezuelan migrants from the U.S. to El Salvador and Honduras. Homan acted on the administration’s proclamation resurrecting an 18th century law, the Alien Enemies Act, originally signed by President John Adams in 1798. It has been used just three times, in the War of 1812, World War I, and World War II. All were real wars.
In February, Secretary of State Marco Rubio said that El Salvadoran President Nayib Bukele has agreed not only to house undocumented immigrants deported from the U.S., but Americans convicted of and imprisoned for violent crimes — yes, Americans.
President Trump claims that these immigrants have criminal backgrounds associated with a Venezuelan gang known as Tren de Aragua (or TdA, “the train of Aragua”). He claimed they were cooperating with the Venezuelan government, “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the U.S.”
This is nonsense, of course. The U.S. is not at war with Venezuela. Apparently, some of those picked up have no relationship whatsoever with TdA.
The Trump administration has denied more than 200 deportees the right to due process in a nation that prides itself on the rule of law. Due process means at least this: the right to have a court hearing, a lawyer, to review evidence, and to question witnesses. The administration violated all these constitutionally protected rights.
According to the Trump administration, the Alien Enemies Act deprived these people of all due process rights when they scurried them away to El Salvador and Honduras. This, despite a ruling by a federal judge ordering the airplanes to return the immigrants to the U.S. President Trump attacked the judge on his social media platform, writing, “This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!” The judge, he went on, is a “Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama.”
This outrageous assertion caused an unusual response from the Chief Justice of the U.S. John Roberts, who wrote that “for more than two centuries it has been established that impeachment is not an appropriate response to disagreements concerning a judicial decision. The normal appellate review process exists for that purpose.”
The wisdom of Justice William Brennan in Cooper v. Aaron echoes here, because America is a nation of due process and the rule of law. In 1958, Justice Brennan wrote that no legislator or judicial officer “can war against the Constitution without violating his solemn oath to support it.” President Trump and his administration are warring against the Constitution and violating their oath to support it.
No one is protected when that happens. Without due process rights and the rule of law, we all run the risk of arrest as perceived enemies.
Conservative former federal Judge J. Michael Luttig said that President Trump has “declared war on the rule of law in America,” and is moving the country toward “a constitutional crisis.” If the Trump administration brands you “an enemy of the people,” it’s the old knock on the door in the middle of the night scenario that takes place in autocratic countries when people simply disappear into a prison cell, never to be heard from again. As Pastor Niemöller put it, soon there will be no one left to speak for us.
Jack Fruchtman, who lives in Aquinnah, is the author of “American Constitutional History: A Brief Introduction” (second edition, 2022) and “The Supreme Court and Constitutional Law” (fourth edition, 2025).
First they cam for the gas leaf blowers, and I did not speak out because I did not own a gas leaf blower ……………..
Comparing leaf blowers to human beings. The depth of thought it took to come up with that analogy… well… it speaks for itself.
Thank you.
Perhaps someone could tell me why a law that hasnt been used for 50 years is no longer a law. The Hitler characterization is tired and worn out and doesnt cut it anymore. Perhaps once again why a migrant such as me is at risk. Perhaps we send all the gang members to MV while they await due process and let them roam about our community. The writer might have given Osama bin Laden habeas corpus instead of dumping him in the ocean. No one believes all of us are at risk if the rule of law is not followed perfectly and none of us are safe.
Andy– This law was originally passed and used during legitimate wars that were declared by congress. As Mr. Fruchtman notes it has been used 3 times, All during “real” wars. I might also note that it was used in WW2 to round up people based solely on their ethnicity and is generally considered one of the most shameful thing this country has ever done. The fact is, this “law” is currently not a law since we are not involved in a constitutionally declared war. But more to the point, the trump regime is running roughshod over our rights. Even the most heinous murderer’s have the right to due process. You choose to believe the trump officials that these people are hardened criminals, but they offer no evidence. That is naive. The former president of the Philippines summarily executed people he suspected were drug dealers. Political opponents of Putin fall out of windows at a much higher rate than anyone else. This is still America. I do not want to see people “disappeared” on the whims of a tyrant. The Hitler characterization may be old and worn out, but so is the “let the criminals run loose on M.V” one.
The author of this well written piece is an actual historian and writer. Why wouldn’t we listen to him and take heed? Arrogant ignorance will be the downfall of Americans before all else.
I 100% disagree with your opinion, Amy, but I have not yet figured out how to write a comment under this propaganda-like editorial that won’t get censored. It’s not for lack of trying! FYI, they’re still coming for the Jews and people are definitely speaking up—for the rights of the evil perpetrators!
Yes they are hardened criminals and here illegally. Yes they have some limited protections but not due process as you imagine. Let SCOTUS decide. But even if SCOTUS agreed with me, you would say SCOTUS is illegitimate because it has 6 republicans. I dont know whose rights are being run roughshod over but I feel perfectly safe. Yes the law is still on the books and can be used and is. I can drum up all manner of historians and writers to agree with you or me.
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