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by dmix 330 days ago
US Supreme court has ruled there is due process for illegal immigrants and reaffirmed it in various case law since immigration law became a thing over a century ago. The US was founded on natural rights principals which apply to every person in the country, not just citizens. The right to due process is not something congress can touch via new immigration laws even if they wanted (absent maybe a constitutional amendment).
1 comments

They are entitled to exactly the same due process as anyone else charged with the same crime, but what the particular due process is for a particular crime or civil proceeding can be changed.
In so many words yes. The law you're being charged with can imply different procedures, but generally requires the same fundamental rights and also generally falls into some pretty broad buckets (civil, criminal, military, immigration, bankruptcy etc).

Immigration law demands they be given appropriate notice and opportunity to challenge it in front of a judge (+ appeals), but it doesn't give every person the right to something like a lengthy jury trial as in criminal law for example.

But all law ultimately involves tests of how reasonable is was, appropriate interpretations by judges, and it's chaotic nature will have failures over time that either needs to improved upon through legislative branch or be killed off by judicial branch as violating some higher rights like the constitution.

> Immigration law demands...

Exactly. And just like I said, this law can be changed by those who wrote it.

If by "those who wrote it" = multiple layers of government branches involving hundreds of different people at any one time and many thousands of real cases testing the law each year a under long slow moving history of precedence, under a set of hard limits of constitutional and administrative law, then yes, you could reduce it to that one sentence if you don't appreciate the nuance of law