How much due process is due illegals?

[mystery-ak]

April 26, 2025
How much due process is due illegals?
By Mike McDaniel

That Democrats entirely ignored the law, including due process, when importing some 20 million illegal immigrants is to be expected. What many didn’t expect is Dems were thinking ahead. Importing tens of millions, spending billions of taxpayer dollars to do it and to support them after they’re here is easy. Deporting them?  That's hard and is exactly what Dems planned.

We already have an immigration court backlog of some three million cases, many of them people who want to immigrate legally. Adding any number to that backlog would hopelessly and indefinitely clog the system. Add 20 million or so suddenly granted full due process by Dem legislators in black robes and most of those illegals would never be deported.

Americans are beginning to realize that was always the point.

Dems may not have expected Trump to win, but they were certainly planning on using lawfare to prevent deportations in case Congress suddenly rediscovered the rule of law. With Trump in power again, and with their Party in disarray, lawfare is their only play and thus far the Supreme Court and Congress are playing along.



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https://www.americanthinker.com/blog/2025/04/how_much_due_process_is_due_illegals.html

[Free Vulcan]

If you don't have documentation that you are legally here, then you go.

Unvetted illegals have no right to due process.

[Bigun]

Handcuffed, transported back across the border, released for first offense. Repeat offenders get jail time before removal.

[The_Reader_David]

If you don't have documentation that you are legally here, then you go.

Unvetted illegals have no right to due process.

I think an originalist reading of the Fifth Amendment disagrees.  If a court finds them to be here illegally, they should be deported post-haste.  If a court finds they are here illegally, they have been convicted of a crime for which imprisonment is appropriate, and they are Salvadorans, they can be sent to prison in El Salvador.  A duly constituted court finding the basis for deportation or imprisonment is due process and would make the sort of things Trump has been doing without such a finding perfectly legitimate.

[Hoodat]

If you enter the country illegally, then you are subject to criminal prosecution and/or deportation.  That's what the law says.  Due process.

[Hoodat]

I think an originalist reading of the Fifth Amendment disagrees.

Here is Amendment V:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

A couple of points here.  First, you're forgetting the words "of law" that follow "due process".  There is a law on the books.  And that law is being followed.  If there were no immigration laws, and immigrants were being rounded up and deported just on general principle, then you would absolutely have a Fifth Amendment claim.  But that's not what is happening here.  There are very specific laws on the books calling for prosecution and/or deportation of people entering our country illegally.  There are also specific limitations enumerated for asylum claims.  Due process.

Secondly, no unprosecuted deported person is being deprived of life, liberty, or property.  They are simply being removed from the territory of the United States.  So if you're going to bring up Amendment V, at least know what it actually says.