Trump Suggests Ending Due Process for Illegal Aliens
Donald Trump suggested in a tweet on Sunday that illegal aliens caught at the border should be immediately returned to their home country "with no judges or court cases."
The US Constitution's Fifth Amendment guarantees the right to "due process of law" in criminal proceedings. In 1953, the Supreme Court clarified this right extended to non-US citizens.
The Kwong Hai Chew v. Colding case concluded that the Attorney General "did not have the authority to order the permanent exclusion and deportation of a lawful permanent resident of the United States without providing notice of the charges against him and the opportunity to be heard."
Trump's tweets came amid a flurry of on-air talk on the Sunday political shows about upcoming immigration policy from Republican lawmakers.
Several other Supreme Court rulings extended the right of due process to illegal aliens, including the right to appear before an immigration judge.
That Trump doesn't understand the Constitution is not surprising. But his simple-minded tweets revealing to the world his ignorance of our founding document are astounding.
What of asylum seekers? If Trump's notions of immigration enforcement had been in effect the last 60 years, several million people would have been returned to where they came to face certain death in Communist countries. The only way to determine if an asylum seeker's claim is legitimate or not is to get him in front of a judge to plead his case. That's due process and that's what Trump wishes to deny illegals.
How can a president enforce the rule of law when he is ignorant of it?