Senators explain ‘due process’ as Trump admin cracks down on illegal immigration

While Republicans have been celebrating President Donald Trump’s crackdown on illegal immigration, Democrats have been accusing the Trump administration of violating due process with their deportations. In a recent statement to reporters on Air Force One, Trump argued that illegal immigrants are not entitled to due process, stating that having trials for every single person would be impractical.

In response to Trump’s comments, Senator Mark Kelly, a Democrat from Arizona, emphasized the importance of due process for all individuals, including illegal immigrants. He highlighted that everyone, regardless of their immigration status, has a right to due process under the Fifth Amendment of the U.S. Constitution.

On the other hand, Republicans such as Senator Rick Scott from Florida stood by the Trump administration’s actions, asserting that illegal immigrants should not be allowed to stay in the country. Scott blamed President Biden for the surge in illegal immigration, accusing him of allowing criminals, drug traffickers, and terrorists to enter the U.S.

Senator James Lankford from Oklahoma clarified that while illegal immigrants are entitled to a hearing before deportation, they are not entitled to a jury trial. He explained that the Fifth Amendment’s due process clause guarantees individuals a hearing, but not a trial before a jury.

Senator Tommy Tuberville from Alabama echoed Trump’s sentiments, stating that illegal immigrants should not be given the same rights as legal residents. Additionally, Senator Eric Schmitt from Missouri discussed the issue of prior notice before deportation under habeas corpus, noting that the courts have not clearly defined the timeframe for this notice.

White House deputy chief of staff Stephen Miller hinted at the possibility of suspending habeas corpus during a time of invasion, claiming that the Trump administration has the authority to do so. He emphasized that the decision would ultimately depend on the actions of the courts.

Overall, the debate over due process for illegal immigrants continues to be a contentious issue between Republicans and Democrats. While Republicans advocate for stricter enforcement of immigration laws, Democrats stress the importance of upholding due process rights for all individuals, regardless of their immigration status.