{"id":2520472,"date":"2025-12-12T08:17:59","date_gmt":"2025-12-12T13:17:59","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/deportation-is-the-only-due-process-illegal-aliens-deserve\/"},"modified":"2025-12-12T08:23:22","modified_gmt":"2025-12-12T13:23:22","slug":"deportation-is-the-only-due-process-illegal-aliens-deserve","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/deportation-is-the-only-due-process-illegal-aliens-deserve\/","title":{"rendered":"Deportation Is The Only &#8216;Due Process&#8217; Illegal Aliens Deserve"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fdeportation-is-the-only-due-process-illegal-aliens-deserve%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2520472&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Teh article discusses the debate over the deportation of illegal immigrants in the United States, focusing on Representative Pramila Jayapal&#8217;s recent challenge to the Trump governance&#8217;s <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/heres-what-each-of-bidens-42-executive-orders-will-actually-do\/\" title=\"Here\u2019s What Each Of Biden\u2019s 42 Executive Orders Will Actually Do\">immigration enforcement policies<\/a>. Jayapal opposes deportations of illegal aliens who have not been convicted of additional crimes and has introduced legislation to repeal mandatory detention, promoting more legal protections for undocumented immigrants. The <a href=\"https:\/\/amzn.to\/3YuVZYV\" >piece critiques thes leftist positions<\/a>, arguing that illegal entry into the U.S. is indeed a crime and that due process rights do not extend likewise to illegal aliens as they do to citizens.<\/p>\n<p>The author explains the constitutional concept of &#8220;due process,&#8221; emphasizing that it protects all &#8220;persons&#8221; under U.S. jurisdiction from unlawful deprivation of life, liberty, or property, but clarifies that deportation is a lawful administrative procedure for non-citizens violating immigration laws. Deportation, unlike criminal punishment, is not a legal injury as illegal aliens do not have an inherent right to remain in the U.S. The article further asserts that immigration status determinations are administrative, not judicial, and thus do not require full criminal due process mechanisms like jury trials or habeas corpus.<\/p>\n<p>the author highlights the left&#8217;s perceived hypocrisy, noting that many on the left support reduced due process protections in other contexts, such as administrative penalties for citizens and <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/mccarthy-vows-investigation-into-manhattan-da-ahead-of-expected-trump-indictment\/\" title=\"McCarthy vows investigation into Manhattan DA ahead of expected Trump indictment\">politically motivated prosecutions<\/a>. The article concludes that Democrats advocate for extensive legal hurdles to deportations as they support large numbers of illegal immigrants remaining in the country, while the executive branch has the constitutional duty to enforce immigration laws and prioritize American citizens&#8217; interests. The piece supports the Trump administration&#8217;s aggressive deportation efforts as lawful, necesary, and appropriately balanced with legal process.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Recently, Rep. Pramila Jayapal, D-Wash., challenged the validity of deportations of illegal aliens who have not been convicted of additional crimes. She <a href=\"https:\/\/x.com\/PramilaJayapal\/status\/1995878477401100380\" target=\"_blank\" rel=\"noreferrer noopener\">declared<\/a> in a Nov. 18 <a href=\"https:\/\/www.theepochtimes.com\/epochtv\/live-now-house-judiciary-committee-meets-on-judicial-protection-and-immigration-enforcement-bills-5945787\" target=\"_blank\" rel=\"noreferrer noopener\">House Judiciary Committee markup meeting<\/a> that &ldquo;It has never been more important for people to have their day in court,&rdquo; referring to illegal immigrants. She has also <a href=\"https:\/\/www.aila.org\/library\/aila-endorses-the-2025-dignity-for-detained-immigrants-act\" target=\"_blank\" rel=\"noreferrer noopener\">re-introduced legislation<\/a> that would repeal mandatory detention for illegal aliens and establish a presumption of release, rendering it much more difficult for the Trump administration to detain and deport illegal aliens. Leftists like Jayapal <a href=\"https:\/\/x.com\/PramilaJayapal\/status\/1997005672144073189\" target=\"_blank\" rel=\"noreferrer noopener\">flatly deny<\/a> the fact that illegal entry into the U.S. <em>is <\/em>a crime. &nbsp;<\/p>\n<p>This is just the latest in a string of leftist politicians and pundits attacking Trump&rsquo;s deportations of illegal aliens as a violation of &ldquo;due process.&rdquo; The frequent invocation of &ldquo;due process&rdquo; by media voices and politicians seems to grant the left legitimacy and the moral high ground as they rail against Trump&rsquo;s immigration agenda, which nevertheless has broad popular support from voters.&nbsp;&nbsp;<\/p>\n<p>To dismantle these kinds of claims, we simply need to be more precise about terms, definitions, and standards. What is <em>due process<\/em>? What is <em>deportation<\/em>? What is a <em>legal injury<\/em>? One of the challenges in treating these questions is the complexity of prevailing legal procedures, details of specific bills, and court precedents. These combined complexities often obscure the fundamental questions. I want to consider the fundamentals surrounding deportations and &ldquo;due process&rdquo; from the standpoint of first principles of the American Constitution and <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/supreme-courts-conservative-majority-plays-by-the-lefts-rules\/\" title=\"Supreme Court\u2019s &#039;Conservative Majority&#039; Plays By The Left\u2019s Rules\">natural rights republicanism<\/a>. &nbsp;&nbsp;<\/p>\n<h2>Defining Due Process&nbsp;<\/h2>\n<p>The phrase &ldquo;due process of law&rdquo; appears in the Fifth Amendment, which guarantees that the federal government may not deprive any person of &ldquo;life, liberty, or property, without due process of law.&rdquo; In popular parlance, most Americans think of &ldquo;due process&rdquo; in connection with procedural rights mentioned in the U.S. Constitution and individual state constitutions &mdash;&nbsp;the rights of citizens to be secure from unreasonable searches and seizures, seizures of property without just compensation, double jeopardy, and self-incrimination, as well as the rights to a speedy and public trial by jury, the right to know the witnesses and evidence against you and to have legal counsel, the right of <em>habeas corpus, <\/em>and so on. These are the constitutional protections which are (in theory) supposed to protect people from having their lives, liberty, or property curtailed arbitrarily. &nbsp;&nbsp;<\/p>\n<p>The U.S. Constitution does use the language of &ldquo;<em>persons<\/em>&rdquo; who shall not be deprived of these rights, as opposed to the language merely of &ldquo;<em>citizens.<\/em>&rdquo; Citizenship entails certain rights &mdash; certain &ldquo;privileges and immunities&rdquo;&nbsp;&mdash;&nbsp;exclusively held by citizens and not by just any person from anywhere. For example, voting rights are exclusively the rights of citizens. However,&nbsp;since the law aims at impartial protection, the Constitution and American legal tradition also protect some general rights of &ldquo;persons,&rdquo; as in, &ldquo;No <em>person<\/em>&rdquo; shall be deprived of life, liberty, or property without due process of the law. Being deprived of life, liberty, or property are forms of legal penalties and punishments, and one can only lawfully merit legal penalties by committing crimes and being duly convicted thereof. The language here is &ldquo;person&rdquo; because foreign citizens or resident or illegal aliens are indeed capable of committing crimes or being accused of crimes in the U.S. The blessing of &ldquo;equal protection of the laws&rdquo; and &ldquo;due process of the law&rdquo; are for <em>all persons <\/em>within the jurisdiction of the U.S., which is why it would still be a crime against the law for anyone to murder non-citizens in the U.S.&nbsp;&nbsp;<\/p>\n<h2>Defining Deportation and Legal Injury&nbsp;<\/h2>\n<p>However, we have to also get clear about the nature of <em>deportation <\/em>and <em>legal injury<\/em>. What are the deportations which President Donald Trump is carrying out? DHS, ICE, and Border Patrol are arresting and detaining aliens who are illegally present in the U.S. (such as those who have entered illegally, overstayed a visa, had a visa or other legal status revoked, or been legally denaturalized) and then removing them from the U.S. to their home countries or to a willing third country. The problem for the leftist advocates of alleged &ldquo;due process&rdquo; is that <em>there should not be any legal injury in being removed from the United States if you are not a citizen of the United States. <\/em>For example, if someone is a native citizen of Somalia, Venezuela, Mexico, or any other foreign country, how can there be a legal injury in removing such a person from the U.S. (where he does not belong and is only present in violation of the laws) to his own country or to another country willing to accept him?&nbsp;&nbsp;<\/p>\n<p>Since Congress has provided a <a href=\"https:\/\/www.usa.gov\/deportation-process\" target=\"_blank\" rel=\"noreferrer noopener\">legal process<\/a> for removal of illegal aliens, involving administrative hearings in immigration court, the only way there could be a legal injury for an illegal alien would be if that legal process is not followed correctly, or if somehow someone was deported who had a legal right to be here in the U.S. The details of this process are beyond the scope of my survey here. The key point is that the leftists who invoke &ldquo;due process&rdquo; will still be upset when illegal aliens are deported <em>even if<\/em> the Trump administration follows all the legal procedures properly. I would also argue that the legal process should be revised and expedited to make it as quick and easy as possible for the Trump administration to deport illegal aliens without endless legal hurdles and obstacles.&nbsp;<\/p>\n<p>Considering this from a standpoint of first principles of the American social compact, what legal injury occurs to individual illegal aliens lawfully removed by deportation? What can they claim is rightfully theirs that has been taken from them? Contrary to the left&rsquo;s insistence, America is not a global refugee camp. No one has a right to <em>be <\/em>in the U.S. except under the conditions of American immigration and naturalization laws, which have been laid down by our legal representatives in Congress. If some have violated those laws to be here, they are not owed any continued residence here. &nbsp;<\/p>\n<p>There is no injury to <em>life<\/em>, for illegal aliens are not being killed. There is no injury to <em>liberty<\/em>, unless you believe that every one of the 8 billion people on the globe has the inherent right to go anywhere else on earth, including into our country, in violation of the laws of distinct nations. If detaining illegal aliens is an injury to their &ldquo;liberty,&rdquo; then no country could ever enforce any of its laws.&nbsp;&nbsp;<\/p>\n<p>What of <em>property<\/em>? Some might claim that, due to the American government&rsquo;s abject failure to enforce immigration law for decades, many immigrants have acquired property in the U.S. The full considerations of this are beyond the scope of this article, but, in general, we don&rsquo;t tend to treat property as legally sacrosanct if it has been acquired in violation of the laws (e.g., fraud schemes, theft, etc.). Also, it is deeply ironic and hypocritical to make this criticism when the federal government is literally offering cash and plane tickets to illegal aliens who will self-deport.&nbsp;&nbsp;<\/p>\n<p>Contrary to the leftist perception, ICE is not rounding up illegal immigrants Gestapo-style to detain them at concentration camps; the detention centers are for holding illegal aliens before they can be deported as fast as is legally and practically possible. What should the Trump administration do instead? Let every one of the millions of illegal aliens go freely wherever they want all over the U.S. and then politely ask them to voluntarily deport themselves? The reason that the <a href=\"https:\/\/www.ice.gov\/self-deportation\" target=\"_blank\" rel=\"noreferrer noopener\">self-deportation<\/a> strategy has been very effective this year is that it is married with a <a href=\"https:\/\/x.com\/DHSgov\/status\/1995591166046392402\" target=\"_blank\" rel=\"noreferrer noopener\">slight financial incentive<\/a> to immigrants who self-deport and, more importantly, it is backed up by the threat that ICE will find, arrest, detain, and ultimately deport illegal aliens who don&rsquo;t go of their own accord. This carrot-and-stick approach is brilliant, pragmatic, and efficient. The <a href=\"https:\/\/x.com\/WhiteHouse\/status\/1996274295488577743\" target=\"_blank\" rel=\"noreferrer noopener\">estimated 2 million deportations so far<\/a> are not nearly enough, but this is the most aggressive deportation policy we have ever witnessed from a recent American presidential administration.&nbsp;&nbsp;<\/p>\n<p>A final key distinction to make is that determining whether someone is or is not an illegal alien does <em>not <\/em>require a judicial criminal trial and the accompanying due process rights, such as <em>habeas corpus<\/em>. <em>Habeas corpus <\/em>is a right of citizens to know why they are being detained and held by the law, and to be released unless they are a public threat or there are strong reasons to suggest they will flee the law. However, determining an alien&rsquo;s status and issuing a removal order is an ultimately administrative function, not a judicial one. Immigration judges are actually part of the <a href=\"https:\/\/www.justice.gov\/eoir\/office-of-the-chief-immigration-judge\" target=\"_blank\" rel=\"noreferrer noopener\">Executive Office of Immigration Review<\/a> within the Department Of Justice &mdash; part of the executive department, not the judicial.&nbsp;If someone is determined by an immigration judge to be present in the U.S. illegally and therefore eligible for deportation, no legal injury has been done to him. Although they have imposed <a href=\"https:\/\/www.dhs.gov\/news\/2025\/06\/27\/dhs-and-doj-announce-streamlined-process-fining-illegal-aliens\" target=\"_blank\" rel=\"noreferrer noopener\">fines<\/a>, the Trump administration is not imprisoning or otherwise punishing illegal immigrants for breaking immigration law; it is simply sending them out of the country to their home countries or to receptive third countries. <em>Habeas corpus, <\/em>judicial hearings with Article III federal judges, legal representation, and jury trials have nothing to do with this.&nbsp;&nbsp;<\/p>\n<p>The legal process <em>due <\/em>to illegal aliens is to determine if they are indeed illegally present in the U.S. (actually quite a simple determination). If that determination is made, they should then be removed from the U.S. It is not hard to prove U.S. citizenship if one is legally a U.S. citizen, so we need not worry that Trump&rsquo;s DHS is confusing classes of persons. Illegal aliens are being given the legal process <em>due <\/em>to them, which is administrative hearings and deportations.&nbsp;Vice President J.D. Vance defended this articulately earlier this year in April <a href=\"https:\/\/x.com\/JDVance\/status\/1912320489261027374\" target=\"_blank\" rel=\"noreferrer noopener\">in an X post.<\/a>&nbsp;<\/p>\n<h2>The Left&rsquo;s Hypocrisy&nbsp;<\/h2>\n<p>The whole notion that the left even cares about &ldquo;due process&rdquo; is absurd, given how easily they disregard it for American citizens. Take, for example, the uncomfortable irony that in her dissent in <a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/22-859_1924.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>SEC v. Jarkesy<\/em><\/a><em> <\/em>(2024)<em>, <\/em>Justice Sonia Sotomayor (one of the most representative jurists of the left) was completely fine with in-house tribunals of administrative agencies imposing civil penalties on American citizens without jury trial by peers.&nbsp;&nbsp;<\/p>\n<p>Or consider the manifold violations of due process that were imposed by leftist prosecutors and judges who targeted Trump and his supporters under the aegis of the Biden administration. Or the problematic fact that the majority of criminal cases in America <a href=\"https:\/\/www.jstor.org\/stable\/pdf\/1600170.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">never go to trial &mdash; let alone a jury trial<\/a> &mdash; and that there are many <a href=\"https:\/\/www.theamericantribune.news\/p\/diversity-destroyed-the-jury-system\" target=\"_blank\" rel=\"noreferrer noopener\">complications<\/a> and problems threatening the impartiality and validity of jury trials where they do take place. The evidence strains belief in the na&iuml;ve supposition that the jury trial as a bulwark of republican liberty is alive and well in America.&nbsp;&nbsp;<\/p>\n<h2>Summary&nbsp;<\/h2>\n<p>Democrats protest for &ldquo;due process&rdquo; because they want the millions of illegal aliens here, and they want to obstruct Trump&rsquo;s successful deportation policy. As White House Deputy Chief of Staff Stephen Miller also put it recently <a href=\"https:\/\/x.com\/StephenM\/status\/1994066537108603070\" target=\"_blank\" rel=\"noreferrer noopener\">on X<\/a>, &ldquo;Democrats have spent the last year demanding that every invader have a multi-year trial prior to removal, unlimited access to appeals, endless defenses against removal, and automatic habeas release from ICE detention. The only process invaders are due is deportation.&rdquo; The left may be upset by this because they don&rsquo;t like the outcome, but justice and law are not on their side.&nbsp;&nbsp;<\/p>\n<p>The executive has the constitutional authority and duty to execute federal immigration law and to protect American citizens. The fact that federal immigration law has gone woefully unenforced for decades does not change that.&nbsp;&nbsp;<\/p>\n<hr>\n<p>      Samuel Kimzey is a doctoral student at Hillsdale College and a 2025 Publius Fellow at the Claremont Institute. He holds a B.A. in History and Christian Studies from Bluefield College and an M.A. in Humanities from the University of Dallas, and previously taught at Valley Classical School in Blacksburg, Virginia.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Jayapal challenges deportations of non-criminal illegal aliens<\/p>\n","protected":false},"author":3922,"featured_media":2520473,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2025\/12\/Community_Gathering_at_the_USCIS_Processing_Center_in_Broadview_9_12_25_20250912_3759_54783496218-e1764970007420.jpg","fifu_image_alt":"","footnotes":""},"categories":[33651],"tags":[6184,36844,43064,36382,51050],"class_list":["post-2520472","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-western-journal","tag-deportation","tag-due-process","tag-illegal-aliens","tag-immigration-policy","tag-law-enforcement-2"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2025\/12\/Community_Gathering_at_the_USCIS_Processing_Center_in_Broadview_9_12_25_20250912_3759_54783496218-e1764970007420.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2520472","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3922"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2520472"}],"version-history":[{"count":3,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2520472\/revisions"}],"predecessor-version":[{"id":2520476,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2520472\/revisions\/2520476"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2520473"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2520472"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2520472"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2520472"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}