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struggle4progress

(118,352 posts)
Mon Jun 25, 2018, 10:04 PM Jun 2018

Constitutional Problem With Call to Deport Immigrants Without Judges

By ABBY VESOULIS June 25, 2018

... the Supreme Court has long held that even non-citizens have the right to due process, the constitutional rule that every person should get a fair hearing in court before facing any punishment ...

... the Supreme Court has ruled on the very issue Trump was describing. In a 1953 case, Kwong Hai Chew v. Colding, the Supreme Court found in an 8-1 decision that a permanent resident of the United States could not be deported without a hearing under the constitutional right to due process.

“Although Congress may prescribe conditions for his expulsion and deportation, not even Congress may expel him without allowing him a fair opportunity to be heard,” the court wrote ...

Trump has also complained about proposals to add more federal immigration judges. A bill from a group of Senate Republicans including Florida Sen. Marco Rubio would add another 225, while a proposal from Republican Sen. Ted Cruz would add 375, but in both cases the total number of judges would still be in the hundreds, not, as Trump has said, in the thousands ...

http://time.com/5321318/donald-trump-immigration-due-process/

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