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Supreme Court Says Foreign Nationals Have No Due Process Rights Here. By Matt O'Brien

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Introductory note. I didn't write this article. Although I think it is correct to some extent, the author seems to have ignored our treaty obligations not to send aliens to countries where they will be persecuted or tortured.

Contrary to what the liberal media and open-borders advocates say, immigrants are not owed same constitutional protections as regular Americans
July 5, 2018


President Donald Trump recently suggested that illegal aliens should be sent back to their countries of origin without hearings and the years of litigation that often follow.

He branded the current process, which permits illegal aliens to repeatedly contest orders of removal, as “a mockery to good immigration policy and law and order.”

The mainstream media wasted no time in characterizing his suggestion as a “push to end due process for illegal immigrants.” And multiple news outlets made all manner of wild claims about the so-called rights of illegal aliens. But once again, in an effort to portray the chief executive as a xenophobe, the open-borders lobby has gotten its facts backward.

Trump is actually right on the mark. Much of the current legal framework for removing illegal aliens from the United States consists of badly reasoned federal district-court decisions, ridiculous settlement agreements, and politically motivated policy decisions.

The open-borders lobby and its handmaidens in the mainstream media have consistently represented this hodgepodge as a clear articulation of “affirmative rights.”

But that representation is misleading.

Illegal aliens are entitled to considerably less immigration due process than their advocates would have us believe.

And the Supreme Court has been remarkably consistent on this point over the years:

It is not within the province of the courts to order the admission of foreigners who have no formal, legal connection to the United States. "As to such persons, the decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law." Murray's Lessee v. Hoboken Land and Improvement Co.; Hilton v. Merritt)

"It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty and essential to self- preservation, to forbid the entrance of foreigners within its dominions or to admit them only in such cases and upon such conditions as it may see fit to prescribe." (Ekiu v. United States)

The United States need only provide an alien with a judicial trial when charging them with a crime and seeking a punitive sentence. (Wong Wing v. United States)

"Whatever the rule may be concerning deportation of persons who have gained entry into the United States, it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the government to exclude a given alien." (Knauff v. Shaughnessy)

Unadmitted, nonresident aliens have no right of entry to the United States as non-immigrants, or otherwise. (Kleindienst v. Mandel)

Read more at https://www.lifezette.com/polizette/...s-rights-here/



About the author. Matt O'Brien is the former chief of the national security division within the fraud-detection and national-security directorate at the U.S. Citizenship and Immigration Services (CIS). He has also served as U.S. Immigration and Customs Enforcement’s assistant chief counsel in the New York District. He is currently director of research at the Federation for American Immigration Reform (FAIR).

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Updated 07-08-2018 at 01:17 PM by ImmigrationLawBlogs

Comments

  1. ImmigrationLawBlogs's Avatar
    It is sad but unfortunately not surprising to see articles such as this one by Mr. O'Brien citing late 19th century Supreme Court decisions dating from the period of the infamous Chinese (and other Asian) exclusion laws as authority for the proposition that non-US citizens have no due process rights in immigration proceedings.

    These cases, including the most infamous one of all, U.S. v. Chae Chan Ping, 130 U.S. 581 (1889) were decided on the express theory that racial discrimination against non-white immigrants was a good thing and that Congress and the executive were serving America's national interests by barring Asian immigrants from the US.

    Are these outmoded, openly racist 19th century decisions (and 20th-century ones which have followed in their footsteps) the models that America should be following as this country's immigration policy for the 21st Century?

    If so, what other notorious 19th Century Supreme Court decisions will immigration opponents such as FAIR be relying on as a basis for immigration policy now?

    Dred Scott v. Sandford?

    Roger Algase
    Attorney at Law
    Updated 07-09-2018 at 09:05 AM by ImmigrationLawBlogs
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