During the four years of the Biden administration, we watched in horror as the Democrats deliberately kept the border open, lied about it, and allowed millions of unvetted aliens to enter the country illegally. Well hurray! Trump has closed the border. Now the question is, how do we deal with the millions of illegals who broke in during the Biden presidency?
Trump is correct in wanting to get these people out of America. Unfortunately, Biden’s anti-American immigration policy lives on as the Democrats attempt to deter Trump by crying “due process.” We are riding on a slippery slope when it comes to the issue of due process for illegals who are being deported.
Due process of law guarantees fairness and justice in legal proceedings. I was under the impression that due process applies only to U.S. citizens, but it turns out I was mistaken. The Fifth Amendment states that “no person shall be deprived of life, liberty, or property, without due process of law.” It does not say “no citizen shall be deprived.” It says “no person.” Before we can deport illegals, must we accord them due process? What does due process mean, and should an exception be made in the present circumstance?
The Trump administration is supporting the precedent that due process can be waived or limited where immediate action is necessary to prevent harm to the public or to national security interests. Trump’s January 20, 2025, executive order called the arrival of illegals in the U.S. an “invasion” that jeopardizes national security.
“Over the last 4 years, the prior administration invited, administered, and oversaw an unprecedented flood of illegal immigration into the United States,” argued the Trump White House. “Millions of illegal aliens crossed our borders in violation of longstanding Federal laws. Many of these aliens unlawfully within the United States present significant threats to national security and public safety.”
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As one way to address this issue, the Trump administration revived the Alien Enemies Act to expel immigrants it alleges are gang members. “People who are enemies of the United States don’t have the same level of due process,” said border czar Tom Homan. Immigration agents are the principal judges of whether or not a detainee has gang affiliations, Homan said, and if they determine that there is an affiliation, that detainee’s rights to due process are limited.
Hans A. von Spakovsky and Charles Stimson of the Heritage Foundation agreed with Homan. “It’s important to recognize that illegal immigrants don’t have the same due process rights as citizens,” they wrote. “For more than 100 years, the Supreme Court has held that the only due process to which illegal immigrants are entitled is what Congress gives them through federal immigration law. [Justice Samuel] Alito noted: ‘The decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law.’”
“That means that illegal immigrants don’t have to be given access to the courts,” von Spakovsky and Stimson conclude. “Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” said then White House Press Secretary Sarah Sanders during a press briefing in 2018.
“The Biden administration concocted the scheme to import future Democratic voters,” declared an editorial in the Washington Times on April 22, 2025. “Now, [the courts are ruling that] what Mr. Biden accomplished with a stroke of his autopen can’t be undone by Mr. Trump without ‘case-by-case review.’ The requested case-by-case review represents an impossible standard. Holding individualized court proceedings would take 350 years, and these activist jurists know it.”
“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,” observed The Washington Times. “A city employee might sit behind a desk and pretend to listen before pronouncing the accused guilty and shouting, ‘Next.’ 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.”
“I'm doing what I was elected to do, remove criminals from our country, but the courts don't seem to want me to do that,” said President Trump. “My team is being stymied at every turn by even the U.S. Supreme Court, which seemingly doesn't want me to send violent criminals and terrorists back to Venezuela, or any other country, for that matter. People that came here illegally! If we don't get these criminals out of our country, we are not going to have a country any longer. We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years. We would need hundreds of thousands of trials for the hundreds of thousands of Illegals we are sending out of the country. Such a thing is not possible to do.”
Impossible or not, Democrats are all for it. “[The Democrats] don’t want border security,” said Vice President JD Vance. “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.”
Vance hit the nail on the head. Falling back on due process, Democrats want to perpetuate Biden’s policy. Due process does not require giving a trial to 20 million people who broke into the country in violation of the law. Contrary to the opinion expressed by a small cadre of rogue Democrat-appointed judges, Trump is not thumbing his nose at the Constitution by deporting illegals. He is doing his job.
Ed Brodow is a conservative political commentator and author of ten books including two No. 1 Amazon Best Sellers, AMERICA ON ITS KNEES: The Cost of Replacing Trump with Biden, and THE WAR ON WHITES: How Hating White People Became the New National Sport.
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