Immigration “due process” considered

[BackAgain]

Trump Approves National Guard JAG Officers as Immigration Judges

Florida’s plan, approved by President Trump in July 2025, uses nine National Guard JAG officers as immigration judges at a new South Florida detention center. Designed to speed deportations, the policy faces criticism over limited training, judicial independence, and potential due process...

www.visaverge.com

Due process means “that process to which you are due. “

So, the question here is: “to what process is any person due when he is not even legally here in the first place?”

Note: that’s a question. It is not the answer.

When arrested and tried for a crime, an illegal alien defendant has all the Constitutional rights which we all have and which you could dream of — so we have a partial answer: an illegal alien has the very same due process rights as citizens in criminal cases. And, there is a simple, clear and fair set of explanations for why this is so. Suffice it to say, the Constitution says so.

We also know that there is not that high a “level” of “due process” in other matters. (Traditional rules of evidence get relaxed in some civil cases and at administrative hearings and proceedings.)

I assume that all of us are well-versed enough in the immigration system to grasp that it is not an Article III court. One of the things that follows from all of this is the fact that Immigration Courts, in our land, are under the Executive Branch.

If circumstances warrant it, then under the division of power and authority of our Constitutional government, the President can authorize the use of our national guard to serve as immigration “judges.” (Maybe he even gave the Gov in Fla that idea!)

BREAKING: Florida's Wild Plan to Use National Guard as Immigration Judges! - County Local News

The plan was submitted to President Donald trump, indicating a strategic alignment with federal immigration policies that prioritize enforcement and

countylocalnews.com

 

[rightwinger]

So, the question here is: “to what process is any person due when he is not even legally here in the first place?”

Same process as any other person accused of a crime.

A right to know the charges against them
A right to see the evidence
A right to an attorney
A right to respond to those charges in court

 

[M14 Shooter]

Due process means “that process to which you are due. “
So, the question here is: “to what process is any person due when he is not even legally here in the first place?”

Depends on the law.
Prior to Jan 20 2025, millions of illegals were legally deported with nothing more than a review from a DHS/ICE officer.
Due process, under the law, was met.

 

[martybegan]

Same process as any other person accused of a crime.

A right to know the charges against them
A right to see the evidence
A right to an attorney
A right to respond to those charges in court

All they need to be is identified and confirmed that they are here illegally.

 

[M14 Shooter]

All they need to be is identified and confirmed that they are here illegally.

That's how it worked under the Clinton, Bush, Obama, and Biden administration.

 

[BackAgain]

Same process as any other person accused of a crime.

A right to know the charges against them
A right to see the evidence
A right to an attorney
A right to respond to those charges in court

Yeah. You obviously did not bother to read the post before rushing in here to restate the already well known.

As I said in my OP (and as I’ve noted previously), illegal aliens get the same due process rights as everyone else in criminal matters.

THAT fact doesn’t answer the question I posed. However, I did proceed to set forth why they aren’t entitled to that level of due process in immigration proceedings.

You’re a trite and uninformative blowhard, Leftwhiner.

 

[task0778]

I would say that some due process is still better than no due process at all. Florida's solution might not be as good as it could be, but might be the best we can do under the present circumstances. I for one do not like the idea of providing the same constitutional rights to illegals that an American citizen has.

 

[jknowgood]

Same process as any other person accused of a crime.

A right to know the charges against them
A right to see the evidence
A right to an attorney
A right to respond to those charges in court

They broke the law when they came across the border.

 

[Darkwind]

Yeah. You obviously did not bother to read the post before rushing in here to restate the already well known.

As I said in my OP (and as I’ve noted previously), illegal aliens get the same due process rights as everyone else in criminal matters.

THAT fact doesn’t answer the question I posed. However, I did proceed to set forth why they aren’t entitled to that level of due process in immigration proceedings.

You’re a trite and uninformative blowhard, Leftwhiner.

I agree. A felony crime where the person may go to jail if proven guilty is a case for due process.

However, being sent home is not the same as going to federal prison, and I think that a review by an ICE agent is sufficient.

 

[rightwinger]

They broke the law when they came across the border.

So?
They are entitled to the same due process as anyone else accused of a crime

 

[rightwinger]

I would say that some due process is still better than no due process at all. Florida's solution might not be as good as it could be, but might be the best we can do under the present circumstances. I for one do not like the idea of providing the same constitutional rights to illegals that an American citizen has.

Where does the Constitution make a differential?

It uses the term persons not Citizens

 

[laferia52]

Trump Approves National Guard JAG Officers as Immigration Judges

Florida’s plan, approved by President Trump in July 2025, uses nine National Guard JAG officers as immigration judges at a new South Florida detention center. Designed to speed deportations, the policy faces criticism over limited training, judicial independence, and potential due process...

www.visaverge.com

Due process means “that process to which you are due. “

So, the question here is: “to what process is any person due when he is not even legally here in the first place?”

Note: that’s a question. It is not the answer.

When arrested and tried for a crime, an illegal alien defendant has all the Constitutional rights which we all have and which you could dream of — so we have a partial answer: an illegal alien has the very same due process rights as citizens in criminal cases. And, there is a simple, clear and fair set of explanations for why this is so. Suffice it to say, the Constitution says so.

We also know that there is not that high a “level” of “due process” in other matters. (Traditional rules of evidence get relaxed in some civil cases and at administrative hearings and proceedings.)

I assume that all of us are well-versed enough in the immigration system to grasp that it is not an Article III court. One of the things that follows from all of this is the fact that Immigration Courts, in our land, are under the Executive Branch.

If circumstances warrant it, then under the division of power and authority of our Constitutional government, the President can authorize the use of our national guard to serve as immigration “judges.” (Maybe he even gave the Gov in Fla that idea!)

BREAKING: Florida's Wild Plan to Use National Guard as Immigration Judges! - County Local News

The plan was submitted to President Donald trump, indicating a strategic alignment with federal immigration policies that prioritize enforcement and

countylocalnews.com

when an individual immigrates to the USA without following the US's immigration laws that individual is not exercising due process to legally enter the USA. therefore that individual is an illegal alien. the only due process that ICE needs to exercise is to investigate if that individual is legally in the USA and if not, deport him or her. that is my opinion and that is what I support.

 

[rightwinger]

Yeah. You obviously did not bother to read the post before rushing in here to restate the already well known.

As I said in my OP (and as I’ve noted previously), illegal aliens get the same due process rights as everyone else in criminal matters.

THAT fact doesn’t answer the question I posed. However, I did proceed to set forth why they aren’t entitled to that level of due process in immigration proceedings.

You’re a trite and uninformative blowhard, Leftwhiner.

Guess what Skippy…
When you are taken away in cuffs, it is a criminal matter

But regardless, you are still entitled to due process in Civil matters

 

[Blaster]

So?
They are entitled to the same due process as anyone else accused of a crime

Why?

 

[rightwinger]

Why?

Because We the People created a Constitution

 

[mudwhistle]

 

[BackAgain]

I agree. A felony crime where the person may go to jail if proven guilty is a case for due process.

However, being sent home is not the same as going to federal prison, and I think that a review by an ICE agent is sufficient.

I wouldn’t say “however.” My post holds for that same proposition. Why? Because that’s the only process to which an illegal alien is due.

 

[BackAgain]

Guess what Skippy…
When you are taken away in cuffs, it is a criminal matter

Wrong again, squidtard. Being detained for removal is not an “arrest.” But I do enjoy you exposing your ignorance. And that’s what it is. Your ignorance.

It is not a criminal matter. (Here’s a fact that will blow your mind. Even being handcuffed in a criminal matter doesn’t always constitute an arrest. That’s a fact. And morons like you can’t handle facts.

But regardless, you are still entitled to due process in Civil matters

Again, you imbecile, the question isn’t whether an illegal alien is entitled to some due process. That’s a given. The actual question remains: “to what process is an illegal alien due?”

I love watching simpletons like you squirm to evade having to answer the actual question.

 

[BackAgain]

I agree. A felony crime where the person may go to jail if proven guilty is a case for due process.

However, being sent home is not the same as going to federal prison, and I think that a review by an ICE agent is sufficient.

Exactly. It is an administrative matter.

Dopes like rightwinger don’t even realize that an alien isn’t even entitled to an attorney in a removal proceeding. An illegal alien of course has a right to hire a lawyer. But if they are unable to afford one, taxpayers aren’t obliged to provide a lawyer for them.

OMG. it’s almost exactly what I keep saying. It’s a “due process” right to which the immigration removal process doesn’t entitle them.

 

[rightwinger]

Exactly. It is an administrative matter.

Dopes like rightwinger don’t even realize that an alien isn’t even entitled to an attorney in a removal proceeding. An illegal alien of course has a right to hire a lawyer. But if they are unable to afford one, taxpayers aren’t obliged to provide a lawyer for them.

OMG. it’s almost exactly what I keep saying. It’s a “due process” right to which the immigration removal process doesn’t entitle them.

What is known as Due Process. You may argue what is “Due” but you cannot deny the process

Snatching someone off the street and shipping to a Hell Hole Prison without a chance to see the evidence against you is not Due Process

Oh yea…..Trump did not like his tattoos