Trump suggests ending due process for illegal aliens (or not) – a debate

See Thomas Lifson's rejoinder below Rick Moran's blog post.

Trump probably isn't the only president to daydream about being able to govern with "no judges or court cases."  But he's the only president who has made his feelings public.

For 60 years, the law on due process has been clear.

Business Insider:

The US Constitution's Fifth Amendment guarantees no one can be "deprived of life, liberty or property without due process of law." In 1953, the Supreme Court clarified this right extended to non-US citizens.

The Kwong Hai Chew v. Colding case concluded that the Attorney General "did not have the authority to order the permanent exclusion and deportation of a lawful permanent resident of the United States without providing notice of the charges against him and the opportunity to be heard."

Trump's tweets came amid a flurry of on-air talk on the Sunday political shows about upcoming immigration policy from Republican lawmakers.

Basically, it comes down to this: if you're legal or illegal, if you end up in the custody of the government, the courts have ruled that you are entitled to due process, which includes having the right to appear before a judge and be heard.

It is a fundamental tenet of our democracy.  The current president doesn't recognize it.

No doubt, Trump will have his defenders – as he always does, regardless of the stupidity of his tweets.  He wasn't serious.  It's a negotiating ploy.  He has some brilliant, unconventional strategy.  He's only trying to rile up the left and the media.

Believe what you want.  In this case, Trump is dead wrong and should acknowledge his egregious error.

Thomas Lifson replies:

Rick is indulging his version of Trump-hatred and letting his emotions get in the way of the facts.  Even Reuters, not exactly a hotbed of conservatism, acknowledges:

Authorities can bypass due process protections with the expedited removals policy that allows quick deportations if an immigrant [sic] is apprehended within 100 miles (160 km) of the border and has been in the country less than 14 days.  Those seeking asylum must be granted a hearing.

That's long established policy.  Janet Reno, who was Bill Clinton's A.G., extended the policy beyond the limits mentioned above and lost in court.

Trump's suggestion is in line with this policy, and as Reuters stipulates:

It was unclear if Trump was advocating an expansion of the provision that allows expedited removals of illegal immigrants at or near the U.S. border, a policy his administration has embraced since he took office.  Nor did Trump differentiate between illegal immigrants [sic] and people who entered the United States to seek asylum protection.

Rick is entitled to his own opinions, but not his own facts.



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