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Trump’s New Immigration Demand: No Due Process for Border Crossers
by Axios
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  • Joanna

    Those of you who wrongfully claim our constitution covers and protects illegal aliens with due process are incorrect: The very case that some of you have cited: Zadvydas v Davis "The Constitution itself and considerations of public policy and justice which control, more or less, the conduct of all civilized nations”). In these cases, we focus upon those limitations. In doing so, we nowhere deny the right of Congress to remove aliens, to subject them to supervision with conditions when released from detention, or to incarcerate them where appropriate for violations of those conditions. See 8 U.S.C. § 1231(a)(3) (1994 ed., Supp. V) (granting authority to Attorney General to prescribe regulations governing supervision of aliens not removed within 90 days); §1253 (imposing penalties for failure to comply with release conditions). The question before us is not one of “ ‘confer[ring] on those admitted the right to remain against the national will’ ” or “ ‘sufferance of aliens’ ” who should be removed. Post, at 2 (Scalia, J., dissenting) (quoting Mezei, 345 U.S., at 222—223 (Jackson, J., dissenting)). Rather, the issue we address is whether aliens that the Government finds itself unable to remove are to be condemned to an indefinite term of imprisonment within the United States."


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