Are the legal procedures due to non -documented migrants as Trump claims? | Government news

In a recent television interview, US President Donald Trump said he does not know whether he needs to support the US constitution.

Trump was answering a question about NBC News last week about whether immigrants were not documented in the United States He is entitled to due legal procedures.

“They are talking about the due legal procedures, but do you get due legal procedures when you are illegally here,” Trump asked from the interview, Christine Wilker, NBC Meet The Press Moderator.

“The constitution says every person, citizens and non -citizens, deserves due legal procedures,” Wilker replied.

Then I asked Trump if he agreed with the US Secretary of State Marco RubioWho said that non -citizens have the right legal procedures.

Trump: “I don’t know. I am not a lawyer. I don’t know.”

Wilker: “Well, the fifth amendment says the same.”

Trump: “I don’t know. It might say that, but if you are talking about it, we will have to have a million, one million or three million experiences.”

Wilker: “But even looking at these numbers you are talking about, do you not need to support the United States’ constitution as president?”

Trump: “I don’t know. I must respond by saying, again, I have great lawyers working for me, and they will clearly follow what the Supreme Court said. What I said is not what I heard in the Supreme Court. They have a different explanation.”

This was not the first time that Trump has been scattered by the rights of the meek immigrants.

In an interview with ABC news, Trump is distinguished The first 100 days in the officeThe reporter, Terry Moran Trump, asked, “But in our country, even the bad guys get legal procedures, right?”

Trump replied, “If people come to our country illegally, there is a different standard.”

During a speech on May 1 at the start of the University of Alabama, Trump said: “Judges intervene is supposed to depend on the due legal procedures, but how can you give the procedures due to the people who illegally came to our country? They want to give them due legal procedures. I do not know.”

A few days later, while announcing that the NFL (National Football League) is 2027, in Washington, DC, Trump said, “They suddenly raised from nothing, from anywhere, you may have to make trials.

Despite Trump’s dismissal and questions about the legal procedures due to immigrants, the American constitution, legal experts and court decisions agree: immigrants, regardless of how they entered the United States, legally or illegally, enjoys the rights of due legal procedures.

What these rights seem to vary is the time the person spends in the United States and what is his legal status.

What are the rights of legal procedures?

Legal procedures generally indicate the government’s requirements to follow the procedures and fair laws. Fifth constitution and fourteenth The amendments protect “anyone” from deprivation by the United States government of “life, freedom or property, without due legal procedures.”

“People have the right to hear, and there are some steps that must be taken before someone can, for example, to prison,” said Kathleen Bush Joseph, a lawyer and political analyst at the Institute of non -partisan immigration policies.

Several judgments of the court decided that the rights of legal procedures extended to all people in the United States, and not only American citizens or immigrants in the country legally. The United States constitution and the practical immigration and nationality law dictates that the government must use to provide immigrant rights in due procedures.

In immigration, the legal procedures generally indicate “the appropriate notice (governmental procedure), or the opportunity to obtain a hearing or a kind of examination of the examination to find out, are you in fact a person falling within the law that he says can be deported”, that Catherine Yun Etitor, a lawyer at the Brennan Center for Freedom of Justice and the National Security Program.

For example, if the government is seeking to deport people who have no documents, the government should generally give them a shipping document known as “notification of appearance.” In the end, immigrants go to the immigration judge to provide evidence and prepare an issue that they are qualified to obtain a form of relief against deportation, such as asylum.

Without legal procedures, legal experts say, American citizens can also be deported.

“The complete goal of the due legal procedures is to determine whether you are the type that can be subject to deportation,” said Elia Sumneen, a constitutional law professor at George Masson University. “If there is no legal process, the government can simply deport or punish people as desired … because how can you show that you are actually an American citizen if you do not get any clear operation?”

How does the rights of legal procedures differ for non -citizens compared to American citizens?

Although all people in the United States have the rights of due legal procedures, for non -citizens, the details of the process and the extent of protection vary. The term Noncitizen applies to people who have legal documents as well as those who do not have any documents, including people here in visas, with a permanent legal status or without a legal immigration status.

Yoon Ibrait said that there is a “sliding scale for the various protection that people can have, according to what (migration) are their status.”

Noncitizens is not entitled to obtain the assigned type lawyers during immigration procedures, for example. Some of the immigrants who entered the United States recently without a legal document appear before the judge before his deportation; These cases are subject to the so -called fast removal.

Under the fast removal, some people can quickly be deported without the court case. However, people who express fear of persecution are referred if they return to their countries of origin to immigration officers, who determine whether the immigrant is eligible to obtain reserves for deportation or other deportation protection. Immigrants who pass the “reliable fear” examination are referred to a migration court where they can present their case.

In the past, people were placed in fast removal if they were 100 miles (about 161 km) from the border and within two weeks of entering. In January, Trump expanded the rapid removal of anyone who could not prove that he was in the United States for more than two years.

the Foreign enemies Law in 1798Harim in War Time Trump Call In March, the government is allowed to deport “foreign enemies”. This law was used to deport people Arajwa trainWithout the immigration court sessions. The Trump administration deported hundreds of people under the law.

However, the US Supreme Court Ruling Against the administration on April 7, saying that it should give migrants notice that they will be deported under the Law of Foreign Enemies, and give them a “reasonable time” to challenge the deportation in court.

Although expedited removal and the law of foreign enemies determines the protection of the legal procedures for people, they do not remove them. “There are no exceptions to due legal procedures,” Bush Joseph said.

In addition, Soman said that non -employees accused of crimes are receiving the same protection of the legal procedures, such as American citizens in the Criminal Court.

“All protection of the rights document (in the Criminal Court) applies,” Soman said. “There must be evidence of doubt.

Why are the rights of procedures due for migrants now?

The Trump administration faces many court cases that deal with deportations and legal procedures for immigrants. It includes challenges on Trump’s use of foreign enemies law and government law The wrong deportation From Salvadori.

Administration officials criticized judges and refused to protect legal procedures immigrants.

“Legal procedures include the rights of the criminal defendant who is facing the prosecution, and not an illegal foreigner who faces deportation,” and White House adviser Stephen Miller published on X on May 5.

The Trump administration’s comments are focused on legal procedures for his promise to carry out the largest deportation process in the history of the United States. The Immigration Policy Institute said in an analysis on April 24 that the current deportation of the administration is less than its goal of one million people every year.

Nina Gupta, director of politics of the American Immigration Group to defend the rights of migrants, said that the Trump administration is trying to “circumvent these obstacles and these requirements” of legal measures “just to meet some (deportation).

To reach Trump’s goal of one million deportations annually, the administration will need this Detail people Those who have lived in the United States for years and have no criminal convictions (who did not give priority to deportation).

Bush Joseph said that former presidents are also wanted to support the rights of unrestricted legal procedures, but the deportations moved more quickly under departments that focused on people who illegally crossed the border. This option is limited to the Trump administration because the undocumented migration has reached its lowest historical levels during the Trump era.

Tara Watson, director of the Economic Security and Opportunities Center at the Brookings Foundation, said Trump is right that the deportation of millions of people living in the United States without legal documents will require millions of cases from the court. This was the case long.

Millions of Immigration Court cases accumulate. And Trump’s administration has Firing Many immigration judges who hear these cases.

The goal of the administration for collective deportation does not change the rules and criteria of legal procedures.

Watson said: “It is true that due procedures slow down the deportation mechanism, but legal procedures are also what separates democracies from dictatorships,” Watson said.

Our rule

Trump said: “If people come to our country without documents, there is a different criterion (for due legal procedures).”

All persons in the United States, regardless of their immigration status, have legal procedures, based on the US constitution and court decisions. This applies whether they are entering the United States legally or without any documents.

For non -citizens, the protection of legal procedures for persons varies based on their legal status or period in the United States. Legal experts say, despite the differences in legal procedures, there are no exceptions to the requirements of legal procedures for immigrants.

We evaluate the Trump statement bloomer.