Quote:
Originally Posted by spence
due process is entitled for undocumented immigrants.
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They ARE getting due process. But in cases of removal proceedings, some undocumented immigrants get almost no due process: In 1996, Congress created expedited removal for undocumented immigrants without a hearing. Initially it only applied at the U.S. border. Then it was expanded to within 100 miles of a border for undocumented immigrants who had been in the country less than 14 days.
But, in general they are getting due process. However they cannot not have equal protection of the laws in every respect. If they did, they could not be deported.
The 14th Amendment says that no
State can "deprive any person of life, liberty or property without due process of law". Obviously, Congress can create laws that apply specifically to immigration, as noted above.
So they are not being deprived of life or property. And they are given due process which may be, in some cases, limited by immigration law.