Is everyone in the US entitled to due process and does everyone deserve it?

[Anonymous]

Updates

7 mo

Due process is guaranteed by two amendments:

Fifth Amendment: Applies to actions by the federal government — “No person shall be... deprived of life, liberty, or property, without due process of law.”

Fourteenth Amendment: Extends the same protection to actions by state and local governments — “... nor shall any State deprive any person of life, liberty, or property, without due process of law.”

Updates

7 mo

The key word in both amendments is “person,” not “citizen.”
This means that all persons within U. S. jurisdiction — including citizens, permanent residents, and even non-citizens (such as visitors or undocumented immigrants) — have the right to due process when the government seeks to deprive them of life, liberty, or property.

[WindAtMyBack]

They deserve due process. I think the problem is that you don't know what due process is. Due process basically just means that you go by a pre-defined set of rules and processes. Those rules and processes are different depending on the situation.

People seem to think that due process means a court trial, probably because that is a common usage. But that is not what it means.

This is obviously a stab at deportations. Due process for illegals does not require a court or a trial. It is quite simple. All foreign nationals must have proof of their legal authorization to be in the US. Without that proof they are not legal and can be deported. That IS due process. They do not get a court trail. No country in the world does that.

[loveslongnails]

They are indeed entitled to it, unless you live in Trump's America now. There have been several other times when due process was completely ignored as well, such as the internment of Japanese Americans during WWII. There's SO much room for circumvention of rights in US Law. All you have to do as President is declare a "national emergency", or impose Martial Law, or look up some ancient law that was never removed from the books and get a court to honor it.

What's pathetic is how the current administration will only honor court orders it agrees with calling them "victories for America", but when they disagree it's a "woke and tyrannical decision by a traitorous bench".

[Chazmatazz269]

Nope. People who are here illegally were not considered during the writing of the US Constitution. It does refer to “citizens” and “citizenship” repeatedly though.
It’s not even a stretch to enforce. We do in fact offer foreign diplomats extra liberties and privileges that even common US citizens aren’t allowed. Why should it be blasphemy to suggest that foreign criminals be treated more harshly?

[Asker]

Every single person on US soil is entitled to and receives due process, regardless of reference to "citizen" in the Constitution. This has been upheld repeatedly by different courts, including our Supreme Court.

See my updates please.

[FunkyMonkee]

Only if you're a democrat and then you have to stand up and tell everyone that no one is above the law.

[exitseven]

Citizens of the US and legal residents.

[Asker]

EVERY SIGLE PERSON IN THE US. Can you read?

[exitseven]

The founders did not have a conception of illegal aliens 250 years ago.

[Asker]

Thae law says what it says and it has not been changed. It does not matter if you like it or not; the courts will continue enforcing it.

[exitseven]

there are different interpretations. Just like birthright citizenship. It was never intended to be an end run around our immigration laws,

[Asker]

There are no different interpretations and there never have beenm except yours. Thank God you are not a Judge.

[exitseven]

There is a pretty good chance the birthright citizenship thing will be amended soon.

[Asker]

Don't hold your breath. That has already been rejected by the courts multiple times. Besides which this has nothing to do with due process which is a much stronger civil right than birthright citizenship. I will point out to you this particular civil right occurs in the Bill of Rights to our constitution. In case you haven't read it lately. Nobody's getting rid of any of those rights. Not even maga is crazy enough to try that. Although I will grant you that Trump probably is. He certainly is violated that civil right multiple times in regard to immigrants who are absolutely entitled to it.

[Asker]

I don't really understand at all why it is necessary to fight you over and over and over again regarding this issue. I assume you can read like the rest of us and like the rest of us you have access to a copy of the Constitution which includes the Bill of Rights. For god sakes. Please read the Bill of Rights and stop trying to misrepresent this issue based on your own. Prejudices. The law does not care what you think and the law does not care about your interpretation of due process. The only thing that matters is what the law says.

[CupcakeTheDestroyer]

Yes, and yes

[Anonymous]

All US citizens are entitled to due process.

[Asker]

No, it has nothing to do with being a US citizen and not has to do with whether or not a person is physically located within the United States. If a person who is within the United States then according to the law they are entitled to due process whether they are citizens or not.

[Opinion Owner]

I think you mean they are in the US legally.

[Asker]

Every single person physically located on US soil is entitled to due process whether they are citizens or not. I don't know where you people are getting your information but the citizenship requirement is simply wrong. The law does not read that way and it's not enforced that way and it is not conceived that way by the courts. It is every single person. Get it through your heads Jesus.

[Opinion Owner]

They forfeit those rights when they choose to enter the country illegally.

[Asker]

They DO NOT. You just want it to be that way.

[Asker]

I do not. They can be illegal immigrants, and they are STILL entitled to due process.

[beefcakebradybatson]

Yes and yes.

[seeyounexttuesday]

Great! The unborn have the right to have a trial before they're aborted.

[Asker]

@seeyounexttuesday They certainly SHOULD have a trial. Perhaps fewer of them would be murdered.

[noohair]

Of course...