Overview

• White House officials, including Stephen Miller and President Trump, have publicly questioned whether due process rights apply to noncitizens on U.S. soil.
• The U.S. Supreme Court has consistently affirmed that the Fifth Amendment guarantees due process protections to all persons within U.S. jurisdiction, regardless of citizenship.
• A recent Supreme Court per curiam opinion reinforced procedural safeguards, requiring notice and appropriate hearings for detainees under the Alien Enemies Act.
• The administration's use of English-only notices and expedited removal processes has raised concerns over procedural adequacy and fairness, particularly in Venezuelan deportation cases.
• Legal experts predict continued challenges to the administration's policies, with courts likely to further clarify the scope of constitutional protections for noncitizens.