Habeas corpus - still in effect unless you're already in El Salvador.
And, more recently, Bukele and Trump insisted that they would not return a "terrorist" to the United States: https://bsky.app/profile/atrupar.com/post/3lmrwrrkbnf2e
It's clear that the administration does not consider collateral damage a bug, but a feature; it confirms that as long as they insist that they will not do anything, then nothing will be done.
This phrasing buys into the Trump admin's narrative.
They did not determine that it was impossible to get him back. They have chosen to not pursue it. They refuse to define the agreement between the US and El Salvador sufficiently for anyone to know what is or is not possible through that path. They also seem to refuse to use political or financial influence to go beyond whatever that agreement may define.
If a class of people don't have habeas corpus, no one does.
The canaries in our coal mine are permanent residents. Anything that can legally be done to a permanent resident can basically be done to a "bad" citizen. Trump is trying to run roughshod over permanent residents' habeus corpus rights. Courts are currently pushing back; I expect he will defy them. That, for me, will be the line at which I'll start helping with civil disruption.
The rubicon has already been crossed. If you asked some of the framers of the US constitution - beyond all other factors, unelected powers etc - what was the one defining trait of the government structure they wished to avoid; they'd have replied with arbitrary imprisonment and the suspension of due process.
Please don't take my word for it, hear it from the Prosecutor's Prosecutor. The SCOTUS justice, former AG and former USSG who led the American prosecution against the Nazis at Nuremberg, Robert H. Jackson,
No society is free where government makes one person's liberty depend upon the arbitrary will of another. Dictatorships have done this since time immemorial. They do now. Russian laws of 1934 authorized the People's Commissariat to imprison, banish and exile Russian citizens as well as "foreign subjects who are socially dangerous."' Hitler's secret police were given like powers. German courts were forbidden to make any inquiry whatever as to the information on which the police acted. Our Bill of Rights was written to prevent such oppressive practices. Under it this Nation has fostered and protected individual freedom.
The Founders abhorred arbitrary one-man imprisonments. Their belief was--our constitutional principles are-that no person of any faith, rich or poor, high or low, native or foreigner, white or colored, can have his life, liberty or property taken "without due process of law." This means to me that neither the federal police nor federal prosecutors nor any other governmental official, whatever his title, can put or keep people in prison without accountability to courts of justice. It means that individual liberty is too highly prized in this country to allow executive officials to imprison and hold people on the basis of information kept secret from courts. It means that Mezei should not be deprived of his liberty indefinitely except as the result of a fair open court hearing in which evidence is appraised by the court, not by the prosecutor
Suspending due process for anyone is fundamentally un-American. But we have crossed that threshold. What comes next is fairly inevitable - if the process isn't stopped now.
Yet, US was systematically disenfranchising people for centuries
Rights are just the concessions that the less powerful have extracted from the powerful by virtue and utilization of power. This perspective has the double benefit not relying on the imaginary and making it clear that if you don't fight for your rights you will not get to keep them. Rights may be God given, but God isn't going to come down and rescue you from a concentration camp if you get put there by an autocrat who doesn't like your "free speech."
All that matters is whether we will personally tolerate abuses against human beings and what we are willing to do to prevent them. If I had my way, talk of rights qua rights would be swept into the dustbin of history with other imaginary stuff like religion in favor of concrete, ideally evidence based, free human discussion about what human beings want from the universe and what we are willing to endure to get it.
So when would you consider the US crossed this threshold? Guantanamo Bay? The internment of ethnic Japanese in WW2? The Trail of Tears? Or is there something about the excesses of this particular administration that makes this an unprecedented and irreversible step, if I understand your metaphor correctly?
The US came close to losing its democracy status with FDR, which is why after he died, the 22nd Amendment was quickly created - https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the...
The constitution was more of an aspirational ideal than a binding document back then since there were very limited ways too enforce it (e.g. the only way to repeal the Alien and Sedition Acts was by electing a new president/congress). The First Amendment was also interpreted and viewed extremely different that it is now before the 1900s...
Unless, of course, the government considers you to be 2/3 of a person
Totalitarian? not yet, but....
I mean I don't know that it's their policy but it sure looks that way.