Illegal Entry is a Crime, Not a Civil Rights Issue
Crossing the border illegally is a crime (8 U.S.C. § 1325) and, like criminals caught in the act, illegals don’t get the full constitutional rights of citizens.

Sovereignty and National Security
Border enforcement is a matter of national sovereignty. Foreign nationals unlawfully entering the country are not owed constitutional protections meant for Americans.

Expedited Removal is Already Legal
Under laws like the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, illegal immigrants caught near the border within 14 days of entry can be removed without seeing a judge through “expedited removal.”

Resource Management
Granting full due process to every illegal immigrant would overwhelm the courts and immigration system, paralyzing law enforcement, which I believe is the goal of the democrat party.

Precedent by Past Presidents
Obama and Biden themselves have used expedited removal and deportations without extensive hearings, proving that it’s an accepted practice.

Examples of Obama and Biden Extraditing/Deporting Illegals Without Full Due Process:
Obama Administration (2009–2017)

Expedited Removal Expanded:
Obama’s DHS continued and even expanded the use of expedited removal for individuals apprehended within 100 miles of the border and within 14 days of entry. No immigration judge required.
Operation Streamline:
Migrants were fast-tracked through mass hearings, sometimes 70-80 defendants at a time, with little individualized attention.
Record Deportations:
Obama deported nearly 3 million people, often called the “Deporter-in-Chief” by critics, many through processes like expedited removal and voluntary return, which don’t involve court hearings.

Biden Administration (2021–Present)

Title 42 Expulsions:
Although technically under COVID-19 health orders, Biden continued Trump’s Title 42 policy for much of his early presidency, allowing for immediate expulsion without asylum hearings.

Revival of Expedited Removal:
Biden’s DHS confirmed in 2021 that expedited removals would continue for certain families who crossed illegally, avoiding lengthy due process.

Why Democrats Believe Every Illegal Immigrant Deserves Due Process:

Constitutional Protections Apply to “Persons,” Not Just Citizens
The Fifth Amendment guarantees due process to “any person,” not only U.S. citizens. Democrats argue this extends even to undocumented immigrants. Of course, that doesn’t apply when Democrats are in charge.

Moral and Humanitarian Duty
Many Democrats see America as a beacon of hope for the oppressed and believe migrants, especially asylum seekers, should be given a fair opportunity to make their case. Many, if not most, of these illegals never asked for asylum. They simply broke into the country illegally.

International Law Obligations
Under treaties like the 1951 Refugee Convention and US asylum law, migrants have the right to seek asylum and have their claim fairly heard. I would even agree with this, if these deportees came into the country legally seeking asylum, but they didn’t.

American Values
They view due process as a bedrock American principle, that no government can arbitrarily deprive someone of liberty without legal procedure, reinforcing America’s identity as a “nation of laws.” Isn’t it amazing how those same values didn’t seem to apply to American Citizens that were at the Capitol on January 6^th.

In summary, the Biden administration deliberately facilitated the illegal entry of migrants into the US by ignoring and undermining existing immigration laws, effectively encouraging mass illegal crossings. In my view, this was done for political gain, to shift future voting demographics, to appease activist groups, and to destabilize traditional American institutions. Because the administration knowingly allowed these illegal entries in violation of the law, those who entered under this lawless framework forfeited their right to due process.

Essentially, I believe that due process protections should not extend to individuals who were intentionally brought in through an unlawful and politically motivated operation, rather than through legitimate immigration channels.