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"The Fifth Amendment’s Due Process Clause protects all persons within U. S. territory, including corporations, aliens, and, presumptively, citizens seeking readmission to the United States. However, the states are not entitled to due process protections against the federal government. The clause is effective in the District of Columbia and in territories that are part of the United States, but it does not apply of its own force to unincorporated territories, Nor does it reach enemy alien belligerents tried by military tribunals outside the territorial jurisdiction of the United States. The Clause restrains Congress in addition to the Executive and Judicial Branches and cannot be so construed as to leave Congress free to make any process ‘due process of law’ by enacting legislation to that effect."
MAGA insists on NOT understanding this and insists that Trump can violate this law and that it somehow does not apply to undocumented immigrants. It literally applies to everyone physically present in the US.
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Yes it does. MAGA don't do facts or reality
This refers to citizens. Illegal aliens are not citizens. They are here illegally and are subject to deportation. This has been the policy for centuries. We should ask ourselves why democrats want all the freeloaders to stay here. Maybe the recent revaluation that DOGE uncovered finding 5 million illegal aliens with Social Security numbers explains it?
Wrong, this has been clearly stated applying to all persons, by the Supreme Court. I quoted you the case before, but you seem astonishingly forgetful.
Quote the part of the law that says it only applies to citizens.
It actually applies to any person on US soil or subject to US jurisdiction. READ IT.
This part ""The Fifth Amendment’s Due Process Clause protects all persons within U. S. territory, including corporations, aliens, and, presumptively, citizens seeking readmission to the United States."
Do you understand what that says?
So US jurisdiction says that being here illegally is a felony and is subject to incarceration or deportation.
First there is supposed to be a court hearing. Funny how that got overlooked, which is illegal as hell.
there are 20 miillon of them. There was a mass hearing. They are all being sent back.
It is not a felony but even it it were that does not matter in this case. It is a CHARGE, not a verdict. Do you know the difference?
It IS afelony subject to prison time
prove it.
There is nothig in the Constitution that says that illegal aliens are entitled to due process.
The Constitution, in the Fifth Amendment, says that EVERY PERSON in the US is entitled to due process, and the Courts have supported that for 300 + years.
READ!!!
I did read it. In 1775 there was no such thing as an illegal alien but the founders did not intend to have millions of illegal aliens come int the country.
You have no idea what they intended and it does not matter. The law is the law, whether you agree with it or not.
The founders still did not specify that illegal aliens have rights. When Eisenhower was president he had mass deportations of Mexicans. He deported over a million of them. Thy were processed and quickly returned to Mexico. There was due process but they did not have a separate hearing for each one. We would still be processing them today if tht was the case.
President Trump is getting funds from congress to build a processing center in Texas on public land Gov. Abbott is donating. They will be processed there and then deported.
"Every person" includes you, me, illegal aliens, and everyone else. If other Presidents violated the law and denied due process to people still does not make it legal now.
due process is not specifically defined as an individual court hearing with multiple appeals that will drag on for years and bankrupt the government. They will all be processed and sent back and the Supreme Court ruled that the judge that presides over the hearings will be the Judge in the local jurisdiction which will be Texas or Louisiana.
You and your "predictions"... weeks ago, you told me that the arrested activist Mahmoud Khalil would be gone and deported in 24 hours. Obviously, he is still here and as I predict, here to stay.
www.npr.org/.../mahmoud-khalil-immigration-judge-ruling-ice-louisiana
What part of the Amendment do you think is being ignored?
THe Due Process clause of the Fifth Amendment.
Rights to due process apply in situations where the government is seeking to deprive an individual of an interest they have in life, liberty or property. They need to possess an interest in one of those three things before the right to be heard exists.
Right. I would say that being deported is a punishment, and any person in the US has a right to a judicial hearing with due process prior to being deported. Perhaps this goes to a liberty interest?
That would be a liberty interest, yes, but it depends on their legal status. Non-resident aliens are generally seen as having a privilege to stay in the US, not a "right."
Due process doesn't apply to loss of privileges.
Just yesterday, the Supreme Court issued an opinion that, among many other things, affirmed the right to due process for everyone in the US - did you read it?
I actually saw that like an hour after writing that response. Very interesting!
It was very interesting but I also think that it will be totally ignored by the administration. There is no way to police or enforce Court decisions at this point. Not in a practical way
They will be processed. It is not feasible to give 20 million illegal aliens a separate hearing in front of a judge that could be appealed. There is no real definition of due process. It can be whatever the DOJ deems appropriate.
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