Are we entering an era of government by harassment?

KCUR reporters recently interviewed immigration lawyers and former detainees in order to analyze the conditions in the Chase County Jail in Cottonwood Falls, where many immigration detainees are being held. Referring to the situation as a “war of attrition,” the reporters described a number of troubling conditions, including overcrowding, sleeping on floors, and a denial of medical care. One detainee went for several weeks without care for a tooth infection, leading him to waive his right to a hearing and return to Honduras to get treatment for the acute pain. In the midst of all this, detainees are encouraged to “self deport,” that is, waive their rights to consult with an attorney and have a hearing, instead leaving the country immediately. They are promised $1,000 if they do this.

It all paints a disturbing picture. The proper way to enforce immigration law would be a major increase in funding for more judges, to process the huge backlog of cases that existed long before the start of Trump’s second term. In fact, a major immigration overhaul was sponsored in Congress in 2024. It would have included funding for this. When first sponsored, the immigration bill was bipartisan, but it did not pass. Today, proper administrative reforms have been replaced with poor conditions and a $1,000 incentive, apparently designed to pressure detainees to waive their rights and leave the country without their hearings, often leaving family behind. They may never see them again.

In the landmark decision Plyler v. Doe (1982), the U.S. Supreme Court ruled that undocumented immigrants have equal protection of the laws under the U.S. Constitution. Notably, the court found that the Constitution confers these rights on persons, regardless of whether they are U.S. citizens. Pressuring detainees to give up these rights is government by harassment. Those of all political stripes who support the rule of law should speak out forcefully against it.

Sadly, this is not the only recent example. In the “One Big Beautiful Bill” recently passed by Congress, substantial cuts were made to the Medicaid program. Of course, one way to make such cuts would be to alter the eligibility requirements for Medicaid, but this is not how Congress did it. Instead, the bill includes stepped-up requirements for recipients to verify their eligibility by completing complicated verification procedures. In practice, this results in people otherwise eligible being denied or kicked off the program because they are unaware, unable, or simply forget to complete the paperwork, a process that Planet Money’s Erika Beras has dubbed “The Paperwork Trap.” It gets worse, too; those in the most need are also the ones most likely to struggle with the paperwork, and therefore the most likely to be denied care.

If Congress wishes to step up enforcement of immigration laws, let them pass a bipartisan bill addressing the long-standing shortage of immigration judges. If they wish to alter eligibility for Medicaid or other benefits, they may do so. But, intimidating people into waiving their constitutional rights, and denying benefits to those most in need because of the paperwork trap are both alarming examples of government by harassment.

Both need to stop immediately.

— Michael Smith is a professor of political science at Emporia State University.