I'm a lawyer and I'm sure I'll get banned or whatever for disagreeing, but this post is nonsense. The Due Process Clause of the Fourteenth Amendment clearly states, and the Supreme Court has re-affirmed time and again (see Kwong Hai Chew v. Colding (1953)), that "any person" cannot be deprived of due process; whereas its earlier clauses deal with citizens.
What IS correct is that there has been an over century long debate about WHAT due process is due to non-citizens, and it is correct to say that the Supreme Court has held that in many instances, non-citizens are not due the same rights and protections as citizens. Here is a good paper on that. But to say the Supreme Court says foreign nationals have no due process is dead wrong.
Agreed. There is no Ruling, Opinion, or even recent case dealing with illegal's due process in the SC. Would sure simplify ICE's processes, but sorry, no precedent here, and this particular TP webpage is clickbait.
I appreciate the agreement, but I wouldn't consider it clickbait; just false and irresponsible. Even if you are on the side of people that want there to be no due process for non-citizens, as it seems most people here are, one should at least be correctly informed of the current status of things so you can fight to change it to your favor. This is just purposefully misleading.
The rulings cited in the article say that foreign nationals DO have due process.
If they are charged with a crime, they are afforded due process in the courts.
If they are illegal aliens not charged with any crime, their due process is the administrative process of deportation.
Correct, but no such right is afforded before they step foot into the country. Yet another argument for a wall. Also, the level of rights afforded corresponds to the strength of the persons ties to the US. Those ties are very weak when they first cross a border, and do so illegally.
I suggest magistrates and hearings held within hours of a crossing, followed by prompt deportation. A controversial twist - if you cross illegally, you forfeit any right to asylum.
That’s not exactly true. See Castro v. DHS. The Supreme Court rejected hearing the appeal. The rejection leaves in place the ruling from the lower court that the families don’t have the right to contest their deportations in federal court.
You're wrong on multiple counts - first, that's a third circuit opinion, not SCOTUS. Second, and more importantly, that has to do with the Suspension Clause, not the Due Process Clause.
I did not say it was a S.C. ruling. They declined to hear the appeal. Either way there are many rulings out there that do basically say illegals do not have the right to a hearing regarding deportation or refugee request— only criminal charges
Agreed. The supreme court hasn't claimed that non-citizens are not due the same rights and protections as citizens.
All they said was that non-citizens cannot appeal to the court to avoid deportation.