Undocumented Immigrants and “Women’s Law”: Reflections on Liberal Incoherence

The plight of undocumented immigrants has become a banner cause for the liberal left. They don’t comprehend the law; they just reckon detaining people for being in this country without official leave is cruel—and maybe unconstitutional.

Welcome to the United States civil justice system, the same civil justice system whose criminalization of its own citizens liberals have applauded for decades. Unlike the criminal justice system, the civil justice system affords scant protections to those who fall under its scrutiny.

The liberal position: It’s not okay to suspect noncitizens, deny them due process and free access to attorney services, deprive them of residence and access to family members, permanently record their names in police databases, and subject them to indefinite detention. But it is okay to suspect citizens based on no ascertainable proof, deny them due process and free access to attorney services, deprive them of residence and access to family members, permanently record their names in police databases, and make them subject to warrantless arrest and criminal incarceration, sometimes indefinitely, which is what the instrument called the civil restraining order authorizes.

Liberals furthermore are affronted by discrimination and injustice, according to their rhetoric, baffled by those who reject their values, and confused by this country’s intransigent political polarization.

Copyright © 2018 RestrainingOrderAbuse.com

*This week on NPR, the “cathedral of [liberal] political correctness,” it was deplored that undocumented detainees weren’t granted hearings with judges—that’s when they’re granted hearings at all; many sit in limbo for years in privatized detention centers with no de facto government oversight. Hearings are often conducted by video, meaning even if defendants have lawyers, they can’t confer with them. The instrument called the civil restraining order is typically issued ex parte, meaning defendants can’t confront their judges, either, and the issuing judges only know them as names on fill-in-the-blank forms. Restraining order hearings in the overwhelming majority of cases are required by statute to occur within days, making effective legal representation, which may be unavailable and is anyway seldom affordable, sketchy at best. Looping back around, the filing of a restraining order against a documented immigrant, again based on no certain evidence, is often grounds for his or her deportation.

About Liberalism and Its Deterioration of Civil Rights…and Its Own Credibility

Liberals are curiously less than rapturous about a political victory only they could have accomplished: the election of Donald Trump, a living caricature straight from the pages of a satirical novel, to the country’s highest office. Liberals do count as a victory, and have for a long time, laws that authorize the wholesale removal of citizens from their homes by armed agents of the state based on what may amount to nothing more substantive than finger-pointing.

In this writer’s opinion, they’re the same victory.

Since the advent of the restraining order in the 1970s, and particularly since the enactment of the Violence Against Women Act in 1994—under the auspices of which billions of federal tax dollars have been poured into state courts and police precincts to condition how judges and law enforcement officials respond to complaints of abuse—the priority in the U.S. has been to curtail evidentiary requirements and due process rights to expediently meet political expectations, expectations inspired by liberal feminist politicking.

With typical dramatic irony, liberals today vehemently denounce immigration policies that divide family members who have entered the country illegally, that is, in plain violation of the law. Meanwhile the separation of accused citizens from their families, citizens who have not, in a majority of cases, been proven to have violated any laws, continues to quietly transpire, as it has for decades. Attorney Liz Mandarano posits that “[t]here are between 2 and 3 million temporary restraining orders issued in the United States annually,” and attorney Gregory Hession, a vocal critic of protective order laws, observes that “500,000 children are right now in the custody of the state” (“an astounding number”).

Liberals consider conservatives “dumb” yet fail to perceive that alienation of such a broad swathe of the populace could inspire contempt for their values if not a raw animal loathing for everything they represent. Liberals adduce (and Twitter-reinforce) preposterous and hackneyed theories to explain disenchantment with their positions like resistance to progress and a longing to return to the days of “patriarchy.”

The author of this post has recently examined criticisms by NYU Journalism Prof. Katie Roiphe of #MeToo feminists’ disregard for due process (for which she has been excoriated almost everywhere but in the National Review, which called her criticisms courageously commonsensical). Prof. Roiphe has similarly qualmed about the extrajudicial “rape trials” of male college students. Even she, however, seems to assume that if the merits of “abuse” complaints are decided in a courtroom, then defendants have been afforded due process of law.

The assumption is understandable but ignorant of the legal standards and the practical ones that have come to inform how civil claims of abuse are adjudicated, claims that affect the lives of millions of American citizens every year.

It’s a truism of language that the meanings of words follow usage. Applied poorly, language degrades. Rights are no different, which is something our “educated” class should already know.

On a scale our government disdains to even calculate, citizens are denied both rights and dignity, besides in many cases family, property, and liberty, in the absence of determinate evidence, which is not, in any case, heard by a jury. Liberals, who often “identify” as humanist, say they simply deplore insensitivity.

The only thing more hateful to voters than a hypocrite is a party of hypocrites who support arbitrary attacks on citizens in their own homes.

Copyright © 2018 RestrainingOrderAbuse.com

Katie Roiphe Rebukes the Trivialization of Due Process by Feminists but Is Scarcely Less Guilty of It Herself

A recent post on this blog commended NYU Journalism Prof. Katie Roiphe’s essay, “The Other Whisper Network: How Twitter feminism is bad for women,” published a few months ago in Harper’s. Certainly its observations about feminism’s “vicious energy and ugliness” are unimpeachable—and for their confrontational candor, remarkable.

It feels as if the feminist moment is, at times, providing cover for vindictiveness and personal vendettas and office politics and garden-variety disappointment, that what we think of as purely positive social change is also, for some, blood sport.

Prof. Roiphe’s reportage and commentary on America’s due process crisis, though, be they ever so laudable, are limited by classism. What Prof. Roiphe considers a “new” witch hunt has only newly spread into her social set, which includes prominent media figures like those who’ve recently been run out on a rail.

Who are the female members of the “other whisper network” who Prof. Roiphe says “fear varieties of retribution (Twitter rage, damage to their reputations, professional repercussions, and vitriol from friends) for speaking out” about “the weird energy behind [the #MeToo] movement”?

They’re her peers.

Whose due process rights, similarly, does her essay defend?

Those of her peers.

Her appreciation of the due process crisis is motivated by attacks on those who occupy high political posts, particularly in media, and who formerly enjoyed the immunity that only money and titles can confer. Her curiosity, furthermore, seems to extend little further than that.

Observations like this one are trenchant:

The need to differentiate between smaller offenses and assault is not interesting to a certain breed of Twitter feminist; it makes them impatient, suspicious. The deeper attitude toward due process is: don’t bother me with trifles!

Further symptomatic of the crisis, though, is that Prof. Roiphe’s own “deeper attitude” toward complaints by people of lesser pedigree and influence—for example, those who toil for a living and who have been the butt of outrageous “abuse” laws and their unscrupulous administration for decades and in the tens of millions—seems no different from Twitter feminists’. The path of her essay meanders some but nevertheless skirts the murky underbrush.

The social media “dialogue,” even if it were amended to meet Prof. Roiphe’s standards of decency and qualified judgment, would still be sophomoric chatter.

No less so is the one carried on among writers in the likes of The New Yorker, The Atlantic Monthly, New York Magazine—and Harper’s.

Copyright © 2018 RestrainingOrderAbuse.com

Restraining Orders Are Not Solutions People Should Be Told They Can Stake Their Lives On

A couple of weeks ago, a correspondent of mine, whose brother is in the service, brought my attention to a National Review story that underlines the sort of political contradictions that are bound to drive any thinking person up the wall.

It’s about a 39-year-old hairdresser, Carol Browne, who “had become increasingly nervous about her ex-boyfriend. Convinced that he intended to do her physical harm, she took out a restraining order, had security cameras installed at her home, and purchased an alarm system.”

She also applied for a permit to buy a gun, which she should have received (or at least had some word about) within a month. About six weeks after her application, she was stabbed to death in her driveway.

Defending his tardiness, the local police chief explained that the application process usually takes more than two months, and that when Bowne died, his team was still waiting for her fingerprints to be processed. Perhaps so. But this should serve as no acceptable excuse. By state law, New Jersey is required to get back to permit petitioners within 30 days. It didn’t.

It almost never does. Instead, would-be gun owners report waiting for three, four, six, and even nine months for permission to exercise what the Second Amendment makes clear is an unalienable individual right. The rules do not apply to the government.

Sure, the story makes a good case for easing restrictive firearm policies (or at least making them no more restrictive than the law prescribes), but what it saliently stresses is that liberal/feminist perspectives and the public safety policies they coerce are incoherent. Easy access to restraining orders is fiercely defended, and domestic and sexual violence are promoted as “epidemic.” Complainants of “whatever” are emboldened to represent their situations as dire and seek state protections. It’s estimated that millions of these orders are dispensed every year, and violence is the justification—and violence is always implicit in judicial rulings in this arena of law.

At the same time, the most obvious deterrents to violence, guns, are denounced—also in accordance with party positions. Okay, but which is it? Are multitudes of people in immediate danger…or aren’t they? Are their needs desperately important…or aren’t they?

(What wonder if police officers exhibit a degree of cynicism?)

Corollary to millions of restraining orders’ being granted to people is that millions of restraining orders are issued to people, and those people are publicly represented as threats. If they’re not really regarded as threats, then this is wrong. If they are regarded as threats, then there are a lot of people at risk, and denying them the means to defend themselves is wrong.

What the story in this post emphasizes above all is that restraining orders aren’t armor; they can’t live up to their promises and may enrage violent aggressors to extremity.

The perspectives outlined above persist in spite of obvious and outrageous contradictions because the leftist ideologues who hold them don’t get falsely accused…or stabbed to death in their driveways on their way to restock their larders with croissants and cat litter.

Copyright © 2015 RestrainingOrderAbuse.com