What is "Due Process?"
And Why It's Not One-Size-Fits-All
Note: I’m not a lawyer, obviously - I’m just an average reader of the Constitution and observer of our national laws and SCOTUS rulings. Since I’ve recieved so many questions regarding recent ICE operations, I thought it might be helpful to write out a simple explanation answering, “What Is Due Process?”
Let’s get into it….
Due process is a fundamental constitutional principle that ensures the government cannot deprive individuals of their lives, liberty, or property without due process of law. We find it in the Fifth Amendment, which states: “No person shall be... deprived of life, liberty, or property, without due process of law,” and is extended to state actions via the Fourteenth Amendment.
This protection applies to all “persons” within U.S. jurisdiction, not just citizens, meaning non-citizens—including lawful permanent residents, visa holders, and undocumented immigrants—have due process rights; however, the scope can vary based on context and status.
Due process has two main forms:
Procedural (fair procedures, like notice and a hearing)
and Substantive (protection against arbitrary government actions that infringe on fundamental rights).
In practice, due process plays out differently in criminal (full trial rights for all) versus immigration proceedings (civil in nature, with varying protections). Below, I’ll outline the rights afforded (and not afforded) based on immigration status, focusing on contexts like deportation, criminal proceedings, and civil matters.
