The limits of due process for illegal aliens

OPINION:

The Supreme Court says illegal aliens need to receive due process before they are spirited away to their countries of origin. A dramatic order issued after midnight Saturday put a hold on deportations under the Alien Enemies Act pending court review.

In ordinary circumstances, heightened concern over due process is entirely appropriate. That’s not necessarily the case here. Liberal activists are celebrating a fundamental right that they are all too eager to deny in other contexts, which suggests their goals have less to do with justice and more with perpetuating lawlessness at the border.

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The Biden administration concocted the scheme to import these 523,000 future Democratic voters through a process known as parole. Now, Judge Talwani decrees that what Mr. Biden accomplished with a stroke of his autopen can’t be undone by Mr. Trump without “case-by-case review.”

Mr. Trump’s revocation of parole status would have taken effect Thursday, but the requested case-by-case review represents an impossible standard. The federal court system, overloaded as it is, heard 30,775 civil, criminal and appellate cases involving immigration last year, according to the Administrative Office of the U.S. Courts.

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“What process is due is a function of our resources, the public interest, the status of the accused, the proposed punishment, and so many other factors. To put it in concrete terms, imposing the death penalty on an American citizen requires more legal process than deporting an illegal alien to their country of origin,” he wrote.

Due process means having notice and an opportunity to be heard. Any American who has received a parking or speed camera ticket knows that what passes for “due process” is often little more than a formality. A city employee might sit behind a desk and pretend to listen before pronouncing the accused guilty and shouting, “Next.”

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Mr. Vance is onto their game. “They don’t want border security,” he wrote. “They don’t want us to deport the people who’ve come into our country illegally. They want to accomplish through fake legal process what they failed to accomplish politically: The ratification of Biden’s illegal migrant invasion.”

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As always, leftists are fair-weather legal scholars. They care about due process for illegal aliens, but they didn’t mind holding grandmothers incarcerated for weeks without bail for taking an unsanctioned tour of the U.S. Capitol. Chief Justice John G. Roberts Jr. never intervened when their right to a speedy trial was ignored.

Hopefully, a Supreme Court majority will apply common sense and curb these judicial interventions.

Original Article:

https://www.washingtontimes.com/news/2025/apr/22/editorial-limits-due-process-illegal-aliens/?utm_source=smartnews.com&utm_medium=smartnews&utm_campaign=smartnews%20