If they have been hereillegally,longer than 2 years, they get due process.. a hearing before deportation...There is no due process issue when it comes to illegal aliens. Their arrest in this country is proof of their crime. There is nothing to argue, there is no defense.
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All persons physically present in the U.S., regardless of immigration status, are generally protected by due process under the Fifth and Fourteenth Amendments before deportation.
However, a special procedure called expedited removal allows for quicker deportation without a hearing before an immigration judge for those who cannot prove they have been continuously present in the U.S. for at least two years. If they can prove more than two years of presence, they are typically put into formal removal proceedings, which include a hearing before an immigration judge.

