President Trump both in tweet form and speech form has suggested that Illegal Aliens aka Undocumented Workers aka Illegal Immigrates should just been turned away without any legal process.
Hiring manythousands of judges, and going through a long and complicated legal process, is not the way to go – will always be disfunctional. People must simply be stopped at the Border and told they cannot come into the U.S. illegally. Children brought back to their country……
— Donald J. Trump (@realDonaldTrump) June 25, 2018
When people come into our Country illegally, we must IMMEDIATELY escort them back out without going through years of legal maneuvering. Our laws are the dumbest anywhere in the world. Republicans want Strong Borders and no Crime. Dems want Open Borders and are weak on Crime!
— Donald J. Trump (@realDonaldTrump) June 30, 2018
His demands for ending any kind of legal process for illegal aliens has sparked an old debate, “Do illegals have rights under our Constitution?” Most specifically, “Do they have a right to Due Process, under the Fifth and Fourteenth amendment under the United States Constitution?”
The very short answer is yes. Illegal Aliens, Alien equals person, who is present on American soil, is granted some basic rights under the Constitution.
James Madison wrote in January 1800, via Founders Online, “If aliens had no rights under the constitution, they might not only be banished, but even capitally punished, without a jury or the other incidents to a fair trial. But so far has a contrary principle been carried, in every part of the United States, that except on charges of treason, an alien has, besides all the common privileges, the special one of being tried by a jury, of which one half may be also aliens.”
The Supreme Court ruled in each case, Yick Wo v. Hopkins (1886), Wong Wing v. United States (1896), Yamataya v. Fisher (1903), that the aliens were entitled to both the fifth and fourteenth amendments. In 1992 Justice Scalia wrote in Flores that, “It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. See The Japanese Immigrant Case, 189 U. S. 86, 100–101 (1903).” In 2001 Zadvydas v Davis the court concluded, “fifth Amendment’s protections do not extend to aliens outside the territorial boundaries. But once an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all “persons” within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”
In 1996, Congress created “expedited removal,” which allows for removal, without a right to counsel or a hearing before an immigration judge. Most of those cases involve a type of fraud at the border or within a hundred miles of the border or illegal aliens that voluntarily agree to return to their country of origin. Expedited removal does not typical apply to those seeking asylum. (Cornell Law)