RE: Illegals didn't follow due process to get into the

Posted on: April 26, 2025 at 09:13:32 CT

The Constitution and long-standing American legal tradition guarantee due process to all persons on U.S. soil — citizens and non-citizens alike — not just to those who entered legally. This is explicitly upheld by the 5th Amendment and confirmed by Supreme Court rulings for over a century.

Fact 1: Due Process Applies to "All Persons," Not Just Citizens.
The Fifth Amendment of the Constitution states:

"No person shall...be deprived of life, liberty, or property, without due process of law."

Not "no citizen" — no person.
This was affirmed in Yick Wo v. Hopkins (1886) where the Supreme Court said:

"The guarantees of the Constitution are not confined to the citizen. They cover all within the territorial jurisdiction, without regard to any differences of race, color or nationality."
(Source: Cornell Law - Yick Wo v. Hopkins)

Fact 2: Previous Presidents Deported Millions — But Still Followed Due Process.
Yes, millions were deported, but through legal processes — court orders, hearings, appeals. Examples:

Obama Administration (2009–2016):
3 million deportations, but 60% involved immigration court rulings or voluntary returns.
Source: DHS Immigration Enforcement Report 2016

Bush Administration (2001–2009):
About 2 million deportations, again using formal removal proceedings, especially post-9/11 under heightened security protocols.
Source: Migration Policy Institute - Immigration Enforcement

Clinton Administration (1993–2001):
➔ Massive increase in removals after 1996 Illegal Immigration Reform and Immigrant Responsibility Act, but still emphasized immigration court proceedings.
➔ Source: American Immigration Council - 1996 Law Effects

Important: Even expedited removals (used heavily post-1996) allow limited hearings, credible fear interviews (asylum claims), and judicial oversight.
➔ DHS officers can remove people caught near borders, but beyond a certain point inside the U.S., you must use courts per law.
➔ Source: Congressional Research Service - Expedited Removal

Fact 3: Why So Many Court Injunctions Against Biden?
Many recent injunctions against Biden are not because he is ignoring deportations but because federal courts (especially in red states) are actively challenging executive policies — including cases on DACA, Title 42 repeal, parole programs, and processing rules.

Example:

Texas sued over new asylum rules (leading to an injunction) — but this lawsuit wasn't about deporting people faster, it was about how asylum seekers were processed.
➔ Source: Texas Tribune - Texas Lawsuit Biden Immigration

Example:

Title 42 (public health expulsions) had conflicting court rulings — Biden was sometimes forced to keep it longer than he wanted.
➔ Source: NBC News - Title 42 Court Rulings

Thus, it is not that Biden refuses to deport — it’s that immigration law itself is incredibly complex, and courts actively constrain and define how the Executive Branch can act.

Fact 4: NGO Workers and Judges Are Following the Law, Not Breaking It.

Nonprofits (NGOs) assisting immigrants operate under lawful protections of First Amendment rights to counsel, association, and petition for grievances.

Judges issuing injunctions are applying statutory authority under Article III of the Constitution (judicial branch independence).

Calling for "arresting judges" or "J6-style" crackdowns on NGO workers would itself be unconstitutional authoritarianism, not "rule of law."

Summary:

Due process IS required — even for undocumented persons.

Past presidents deported millions, but through courts and hearings.

Current injunctions against Biden mostly involve procedural disputes, not outright refusal to enforce immigration law.

Constitutional protections apply to all persons, and respecting court orders is fundamental to real American values.

This is the American way — not vigilante justice.

🇺🇸 Ronald Reagan (1981)
"We must enforce our laws against illegal immigration in a firm and fair manner. The laws should be enforced with respect for due process, for individual rights, and for humane consideration."
— Ronald Reagan, Statement on Immigration and Refugee Policy, July 30, 1981
Source: Reagan Library

Reagan consistently tied immigration enforcement to respect for due process and humane treatment.

🇺🇸 George W. Bush (2006)
"We must ensure that every illegal immigrant gets a fair hearing and that every asylum applicant has their claim considered thoroughly and expeditiously."
— George W. Bush, Speech on Comprehensive Immigration Reform, May 15, 2006
Source: George W. Bush White House Archives

Bush emphasized that fair hearings and thorough asylum reviews are part of American values — even for undocumented individuals.