1 day Ago
Until April 2, mass deportation of noncitizens was a distant story, almost theoretical somehow. At the least, it strained belief that mass deportation was happening in the United States. But on that day, The Post and Courier’s Mitchell Black brought that almost-unbelievable story of our nation’s xenophobic fever to our very doorstep and revealed it as an existential crisis.
Black reported that a C-17 aircraft from Charleston Air Force Base transported 17 Venezuelan men (all purported to be gang members and violent criminals) to a mega-prison in El Salvador, the Terrorism Confinement Center, built to hold 40,000 inmates. I believe this action was both unconstitutional and illegal, and “our C-17s” were tainted by it, as was Charleston Air Force Base. The Charleston region’s love affair with the C-17 began in July 1991 with the arrival of Col.
Thomas Mikolajcik, who took command of the 437th Airlift Wing and became the commanding officer of Charleston Air Force Base. Tom, still remembered warmly by many in these parts, was fresh off his service on the task force that had developed the C-17 Globemaster III, destined to be built by Boeing and become the workhorse of the Air Force’s transportation fleet. It would become and still is the jewel in the Air Force's Air Mobility Command crown.
It was no accident, then, that Tom became “General Mik” with the award of his brigadier’s star in October 1992, or that the first operational C-17 in the fleet arrived for service at Charleston Air Force Base in June 1993. Today, the entire mission of Charleston Air Force Base, now known as the principal installation on Joint Base Charleston, is defined by the C-17’s incredible strategic and tactical proficiency in airlift, airdrop and aeromedical evacuation. This is the sole aircraft type stationed here, with more C-17s based in Charleston than on any other base in the United States or its territories.
It was beyond disheartening, indeed disgraceful, that the C-17, with the characteristic yellow tail stripe identifying it with Charleston, was misused in what many believe to be the illegal and unconstitutional deportation operation described in The Post and Courier by Mr. Black. How does this operation add up to broken laws, ignorance of the U.
S. Constitution and a grievous episode of American inhumanity? First, the Posse Comitatus Act prohibits the use of the Army and the Air Force (and, by implication, all U.S.
military forces) for civilian law enforcement unless specifically authorized by Congress. Such authorization was never sought, much less granted. The act includes deportation, which is rightfully and heretofore always has been handled by civilian agencies such as U.
S. Customs and Border Protection and U.S.
Immigrations and Customs Enforcement. The commander in chief clearly overstepped his authority and violated the Posse Comitatus Act. The constitutional problems with the operation are equally clear and heinous.
Both the Fifth and 14th Amendments to the Constitution guarantee due process under the law. Supreme Court rulings have confirmed that these protections extend to all, including noncitizens and undocumented individuals. Even under expedited removal, certain basic procedures must be followed.
Mass deportations without hearings are both illegal and inhumane. How can we be so confident that all the deportees posed a danger to law-abiding U.S.
citizens? In fact, one of the 17, Kilmar Abrego Garcia, was legally allowed to reside in the United States and, as the U.S. Supreme Court made clear in its order Thursday, was unlawfully deported due to “an administrative error.
” Could others have been deported illegally? Given the opacity of the Trump administration and its lack of respect for constitutionally mandated due process, there is simply no way to tell. Time and again, this administration has shown little respect for or knowledge of the Constitution, our laws and normal behavior. With this recent operation, the administration has besmirched Charleston Air Force Base and our mighty C-17s.
Never again. Peter Wertimer of Mount Pleasant is a retired partner of Chernoff-Newman. He was chairman of the Charleston Chamber and the Tri-County Military Policy Council for BRAC and for 12 years was honorary commander of Joint Base Charleston.
He was awarded the Commander’s Service Award by the Department of the Air Force..
