No. of Recommendations: 3
The first is the due process argument, which deals not with final outcomes but with process. That argument isn't about addressing whether this woman will ultimately be deported, but whether she is given fair treatment in getting to that point. It is in no way a fair process for her or her daughter for her to be denied more than a bare moment to confer with her husband or an attorney about what to do with her daughter. There's no reason at all that this needed to happen so quickly.
So what were they talking about the entire 9 months she was pregnant? They had no contingency planning?
So at a minimum, this woman should have had the opportunity to seek a humanitarian parole of limited time - perhaps only weeks - to allow her to make the appropriate arrangements to minimize the damage to her daughter (and perhaps prevent an American citizen from having to grow up under a dictator).
This is where we get to Miller's argument, but I'm going to say this - there are methodologies for requesting amnesty. Did she do any of those? There are already pathways for illegals to stay. She missed her deportation hearing and that's a big no-no in the process.
