You’re technically correct, but in the last few decades a great deal of legal scholarship has gone into convincing the relevant parties that this isn’t so.
All that matters is what the supreme court believes that the constitution and laws mean.
It's true that if you applied prior judicial standards that its crystal clear the constitution and bill of rights extend beyond just protecting citizens. Same for the law. However, with a lot of the recent rulings it seems that now "might makes right" and "if the president does it, it's not illegal".
Both the judicial and legislative bodies have ceded nearly all their power to the executive. We're in for a bumpy ride.
This started following 9/11 and every administration since has pushed hard for growing executive power. I agree it's sad the supreme court can be battered to slowly whittle down some fundamental ideas America was founded on.
Close — All that matters is what Leonard Leo believes. That’s _his_ Supreme Court majority[1], and this is their happy ending — five of those justices were educated in his Federalist Society pipeline, vetted and selected through networks hand‑built by Leo… riding the Trump wave to judicial and political dominance, despite the turbulence[2]
[1] https://www.npr.org/2024/11/24/nx-s1-5199049/federalist-soci...
Its very dangerous when it doesn't. Saying due process only applies to citizens, government can just label anyone they don't like a noncitizen and with no due process, those people will never be able to challenge it.
I'm an average citizen and I believe non-citizens have rights. And so do most of the people I know. So if you believe that, then recognize that that's just the consensus in your clique.
Certainly it’s important! But I’m wondering what other constitutional rights might prevent deportations. It seems like for non-citizens, due process alone will often be just a delaying action?
The 4th, the 8th, and the 9th amendments I'd say all should be applied in deportation actions.
4th because of "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" A warrantless search and seizure seems to be pretty unconstitutional. (See: ICE rolling up to farms and home depots and arresting everyone brown there)
The 8th
> nor cruel and unusual punishments inflicted.
It seems both cruel and unusual to imprison people in concentration camps without enough food or water. It further seems pretty cruel to send people to countries not of origin known to torture. (See SECOT and Alligator Alcatraz)
The 9th
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This amendment is rarely applied which is a shame. It is the amendment that grants rights not listed by the constitution. It's what justifies the existence of human rights. It should not be controversial, but it seems like people should have the right to not be victims of genocide. Which is what mass deportation based on race ultimately is. (Homan is pretty open about race being the primary tool used to determine who's here illegally)
But beyond that, laid out in law is how deportation should function. That's where the actual process is laid out and that's what the executive is trying to avoid by rushing deportations.
100%. This also occurred to me. All of these things happening, in particular ICE, are blatantly unconstitutional. They are breaking the bill of rights. We are no longer living in a Republic, we are living in a Fascist state. It may not impact you now, but unless it is stopped, it will impact all of us. It doesn't matter what side you are on, if you would not want the opposite political side to do these things, you should not want your side to do them. Laws matter.
Doesn't the fact that they class immigration violations as civil not criminal changes quite a bit what actions the government is restricted by/constitutional protections?
If we're talking about federal Medicaid, no, they don't. That's citizens only. Some states like California extend the benefits of medicaid - but that's done with state funds. That's a states rights issue, not a federal issue.
There are some differences for illegal immigrants, though. For example they don't have the right to due process under expedited removal (passed by Bill Clinton in 1996).
How do you prove you are not an illegal immigrant when picked up off the street? Surely there must be some due process around the determination of your illegal status.
This is a little misleading. Under Clinton, they could basically just turn them around at a port of entry. Eventually (2004) this was expanded to people within 100 miles of a border within 2 weeks of entering the country, and then in 2020 they _dramatically_ expanded this to people anyone who has been here for less than 2 years, and that has not been tested in court, really.
This is sort of a classic example of a slippery slope, FWIW. As soon as you deny anybody due process, the category of people that applies to will just constantly expand.
Now, there's basically nothing stopping immigration officials from immediately deporting anybody they want, citizen, non-citizen, illegal or legal immigrant.
> Now, there's basically nothing stopping immigration officials from immediately deporting anybody they want, citizen, non-citizen, illegal or legal immigrant.
What nonsense. We have the courts. There must be a valid determination made that a person entered illegally for expedited deportation to apply. Due process applies to that determination - if it is not made correctly then sue. But more importantly why on earth would it not be made correctly? If you can’t prove that you’re a US citizen then something is very wrong.
That’s not true. They have the right to due process, as enshrined in the constitution. Clinton did not suspend that right he merely limited specific legal options available.
Turns out the law is just two in the ink, one in the pinky finger in the air "I swear!". But in the end, the law is in people, the society is in people, not in paper, not in officials, not in institutions.
If the people carry something and change their minds and moods, have fun holding back that energy with a creaking dam made of paper. Even this Ice nightmare, was voted in democratic and will be one day, when the mood has swung again, pushed back by the people in some colorful revolution.
Almost the entire US constitution applies to non-citizens in the country, with some small exceptions like voting and holding public office.