Reply to Trump Says Trials for Migrants "Not Possible"

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[quote=Anonymous][quote=Anonymous]I am sorry I don't quite understand how can an illegal immigrant can be turned about away at the border with zero due process but somehow if they make it into the country there has to be due process in order to deport them? Outside of validating their status what else should we need to do?[/quote]

"Eventually, the Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.3 The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.4 Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.5 Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.6

Yet the Supreme Court has also suggested that the extent of due process protection may vary depending upon [the alien’s] status and circumstance.7 In various opinions, the Court has suggested that at least some of the constitutional protections to which an alien is entitled may turn upon whether the alien has been admitted into the United States or developed substantial ties to this country.8 Thus, while the Court has recognized that due process considerations may constrain the Federal Government’s exercise of its immigration power, there is some uncertainty regarding the extent to which these constraints apply with regard to aliens within the United States."

https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015333

See Dep’t of Homeland Sec. v. Thuraissigiam, No. 19-161, slip op. at 2 (U.S. June 25, 2020) (stating that aliens who have established connections in this country have due process rights in deportation proceedings)

United States v. Verdugo-Urquidez, 494 U.S. 259, 271 (1990) (These cases, however, establish only that aliens receive constitutional protections when they have come within the territory of the United States and developed substantial connections with this country.)

Landon, 459 U.S. at 32 ([O]nce an alien gains admission to our country and begins to develop the ties that go with permanent residence his constitutional status changes accordingly.)

Kwong Hai Chew, 344 U.S. at 596 n.5 (But once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders.)

Johnson v. Eisentrager, 339 U.S. 763, 770 (1950) (The alien, to whom the United States has been traditionally hospitable, has been accorded a generous and ascending scale of rights as he increases his identity with our society.)

Yamataya v. Fisher, 189 U.S. 86, 101 (1903) ([I]t is not competent for the Secretary of the Treasury or any executive officer, at any time within the year limited by the statute, arbitrarily to cause an alien who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here, to be taken into custody and deported without giving him all opportunity to be heard upon the questions involving his right to be and remain in the United States.).[/quote]

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