Overview

• Recent court decisions have upheld that noncitizens are entitled to due process under the Fifth Amendment, including notice and the opportunity to challenge deportations.
• President Trump and adviser Stephen Miller publicly questioned whether due process applies to undocumented immigrants, drawing sharp criticism from legal experts and bipartisan lawmakers.
• The Supreme Court previously ruled that the administration must provide detainees reasonable notice and access to judicial review before removal under the Alien Enemies Act.
• Legal experts and immigrant advocates argue the administration's expedited removal practices violate constitutional protections, with some deportations occurring without proper hearings.
• The debate over due process rights is expected to escalate as further Supreme Court clarification is anticipated on the scope of protections and executive authority.