/----/
"Every person. in the USA, regardless of legal status is entitled to Due Process."
Yes and no.
How it works in practice: Immigrants have the right to due process. But in reality, says, Andrew Arthur, a resident fellow in law and policy at the conservative Center for Immigration Studies, “courts of law run the gamut.”
In some cases, immigrants are not granted a hearing at all. When asked about the president’s tweet, White House Press Secretary Sarah Sanders pointed to the process of “expedited removal,” which was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
“Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” Sanders said.
Under the expedited removal process, immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border can be deported almost immediately without going through a court hearing.
The exception is asylum seekers, who must be granted a hearing.
Those who are not processed through expedited removal have the right to due process in an immigration court, where the main goal is to decide whether a person has a legal claim to remain in the U.S.
“In immigration court, you have very few rights,” said John Gihon, an immigration attorney who spent six years as a prosecutor for U.S. Immigration and Customs Enforcement before moving into private practice.
The administration’s “zero-tolerance” immigration policy and the recent surge in family separations at the border -- a practice President Donald Trump ended through executive order -- has called attention to the legal rights of immigrants under U.S. law.
www.pbs.org