That would be true if this were a criminal matter, but it is just an administrative issue handled entirely within the executive branch. The courts have no jurisdiction in these matters. If you have noticed the courts are sometimes delaying deportations or detentions on procedural issues, but none of them have questioned the administrations right to deport undocumented immigrants.
The courts have ruled on this. Due process still stands.
Even the people involved in an Administrative hearing have the complete right of due process.
Regardless of the noise you may be hearing, that is how Administrative Law works. You can demand evidence, you have the right of habeas corpus, and you have the right to answer the court (even an Administrative law proceeding).
No one is saying the Administration can't deport.
But a lot of people are saying that they cannot simply round people up at random and railroad them. Which is what they are doing.
This is racial persecution. Since racial profiling is the only thing remotely resembling "probable cause" when the disguised ICE agents start rounding people up and asking for papers.
It should be familiar to anyone who has studied Nazi Germany. The tactic are nearly identical.
And now the Bill includes large money to hire more ICE agents (even though the border is effectively closed already).
This is a fairly thinly disguised attempt to create a national political police.
Something that would also be very familiar to anyone who has studied Nazi Germany.
Again, the tactics are nearly identical.