There are a lot of Democrats running around and bleating about the Constitutional right to due process and illegal immigrants. Where does the right to due process appear in the Constitution? The Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Kilmar Abrego Garcia is an illegal immigrant who was deported to El Salvador and is being held there in prison. A federal judge has ordered the Trump administration to “facilitate” Abrego Garcia’s release, an order affirmed by the Supreme Court, and to provide evidence of the actions it has taken to get him back.
Here is the problem with that- the Supreme Court doesn’t have the authority or the jurisdiction to order that. He is a foreign citizen who is in prison in his home country. The US government in general, and the US Supreme Court in particular, doesn’t have the authority to order the Salvadoran government to do a thing.
It doesn’t matter whether or not he is a gang member, an illegal, or a criminal in the US. The Supreme court cannot order the executive to invade another country, it just isn’t within the SCOTUS’ enumerated powers. The rest of the argument is moot.
Still, I will list the reasons why he wasn’t entitled to due process during deportation. Refer to the Fifth Amendment.
- He isn’t being held by the US to answer for a capital, or otherwise infamous crime,
- He isn’t subject in jeopardy of life or limb twice for the same offense,
- nor is he being compelled to be a witness against himself,
- nor did the US government deprive him of life, liberty, or property, all they did was return him to his home country.
According to court filings, Kilmar Abrego Garcia was born in July 1995 in the neighborhood of Los Nogales in El Salvador, where he helped his family run a business making pupusas, a local cuisine.
He crossed the border illegally near McAllen, Texas, in March 2012 when he was 16 years old. From the border, Abrego Garcia made his way to Maryland to live with his brother. The Trump administration sent him back to his home country. No due process was required, because the Fifth Amendment doesn’t say he is entitled to it.
27 Comments
Frank Pinelander · April 22, 2025 at 6:59 am
A simple look through our history, jurisprudence, and case precedence would confirm this and “rights” for illegal invaders could not possibly be entertained by an honest judiciary. The American Indians were all born here and lived among natural born Americans throughout our history until they were made citizens by an act of Congress in 1913. Before that they had no rights at all, zero. Ditto to slaves, aliens, and anyone else lacking citizenship. The Administration is correct on this point and on the matter of legitimate natural birth rights only applying to people born here to American citizens. Obama and Harris were both illegitimate candidates for the Presidency due to naturalized birth criteria and the Elephant Coward Party let it pass each time.
Steve · April 22, 2025 at 7:02 am
I cannot claim credit for coming up with this, but find it an interesting thought:
As recently as this morning, I thought this was just a typical Dem/Media operation, and they would move onto another topic next week.
But I’ve been reading more this afternoon, and some folks believe the left are going all-in on this one in a Cloward–Piven strategy to overwhelm the system.
The theory being that they may be able to exploit the fuzzy legal area of “what is due process for an illegal immigrant, and how much do they deserve before being deported?”
If they can get the courts to decide that illegals should get the same rights to trial/jury as a citizen criminal, they can load up the courts with millions of deportation cases. This would essentially open up the borders. And possibly overload the entire court system.
old geezer · April 22, 2025 at 8:49 am
yes, C-P, all that and more.
born at the San Diego Naval Hospital in 1960. finally left commiefornia in 2023. here’s the method, proven in commiefornia.
Don’t Like Your Electorate ? Import New Ones. Make The Ones You Don’t Like Pay For It.
it is that simple
SoCoRuss · April 22, 2025 at 12:01 pm
How is all this a surprise. Judges now rule the country, the media backs them up and no on seems to care.
Consider this: Clinton, Bush jr and Obama deported a combined 29 million illegals during their terms and NO ONE said or did anything!. Biden allowed/imported 30 million illegals and NO ONE said or did a thing!!!!!
But now everyone is all concerned about rights and due process? What a fucking joke.
The constitution and rights and due process died over 25 years ago!!! There are no Rules of Law for fairness or doing whats right now except what the powerful say there is. These bullshit laws ONLY APPLY to those stupid enough to follow them or to bend the knee to the masters demands.
Understand that simple fact so simple people refuse to see it and you free yourself from the chains of fake laws and rules form tyrants. The laws don’t apply to them anymore? Fine, then they don’t apply to me so Game fucking on….
Tom762 · April 22, 2025 at 2:47 pm
The leftists are trying to start a war.
lynn · April 22, 2025 at 3:26 pm
There is no right to Due Process for non citizens of the USA.
Divemedic · April 22, 2025 at 5:53 pm
To be fair, the 5th doesn’t say that rights are limited to citizens.
Birdog357 · April 23, 2025 at 5:40 am
So we should have given the redcoats due process when they invaded in 1812? Foreign invaders do not get rights….
oldvet50 · April 23, 2025 at 6:53 am
Nor does it say the people involved have to actually be within the borders of the United States. There are some things that are implicitly understood – the Constitution was written for a people to self govern as citizens of their own country. That document was not ever intended to be used as a cudgel against its own population, yet here we are.
Divemedic · April 23, 2025 at 7:39 am
I would say that the 5th’s Due Process clause would apply to non citizens. Due process in the case of a person being threatened with a capital, or otherwise infamous crime, in jeopardy of life or limb twice for the same offense, being compelled to be a witness against himself, and in danger of being deprived of life, liberty, or property. It says so right there in the paperwork. To argue otherwise is to do the same thing that the left does- pervert the COTUS for your own ends.
In the case of an invading army (Redcoats of 1812 as named above) due process would consist of a declaration of war from Congress, as per Art I. What due process doesn’t mean is that everyone gets to tie things up in court ad nauseum, ad infinitum.
In the case of an illegal, due process can be as simple as a magistrate or administrative judge saying “You aren’t a citizen, do you have authorization that makes you entitled to be here? No? Then GTFO” before deporting you.
The problem is that neither branch of the ruling party wants that because they still need slave labor.
JimmyPx · April 23, 2025 at 9:49 am
Totally right DM.
People need to understand that the founders of our country had STRONG feelings about due process because they were deprived of it.
Whatever King George said went, and to secure their rights and prevent that from happening again is why the original amendments to the Constitution were created.
Due process is CRITICAL to our system of laws and why suspending Habeas corpus (holding people without due process) is a BIG deal.
People were mentioning invaders in a war. Even in war we have due process. We allow enemy soldiers to surrender, are given food, clothing, shelter and medical care and are treated according to the Geneva Convention which we agreed to. POWs also have the right to petition a court if they feel their rights have been violated. See the 1942 The Nazi Saboteurs case that went to the US Supreme Court.
lynn · April 23, 2025 at 3:26 pm
If every illegal is entitled to a judge and jury trial over their illegalness then we are sunk as a nation. We have 40 million illegals in the USA, we need to deport them all.
Also the ability of the Executive to maintain our national boundaries is also sunk. All somebody has to do is put a toe on USA land and they are now entitled to a judge and jury trial along with a free lawyer.
This is wrong.
Divemedic · April 23, 2025 at 6:09 pm
Where did i say that due process is a full trial?
old geezer · April 24, 2025 at 10:03 pm
may i humbly repeat what i have read –
due process was not followed when 12 million were illegally imported by a treasonous regime, was it ?
perhaps due process isn’t of much importance. perhaps there were other more obvious objectives.
@HomeInSC · April 23, 2025 at 9:26 am
I would say that Garcia had far more due process than he was due.
a) here illegally
b) deprtation order (2019?)
c) 2 court determinations of MS13
membership
Terrorist designation by the president AND a prior deportation order? Whatever possessed the Left to pick him as their flagship case? They appear unable to admit their mistake and are all-in on 7-2 off-suit🤣
SoCoRuss · April 23, 2025 at 12:52 pm
Please, No more due process arguments, that’s just another distraction for the masses to argue about. This is totally the sole focus of the invasion clause which gives the president total authority to stop. If 30 millions flooding over the border for 4 years isn’t a invasion, then just fuck it all…
At the end when conservatives and people on the right are lined up against the walls before shooting them, Their last words will be: At least we kept our principles and integrity and strongly debated our moral values and always voted Republican………
@HomeInSC · April 24, 2025 at 9:08 am
At this point there is not a way to bypass the due process debate. Just define due process in a very simple way: a one page investigation form stamped by a freshly hired immigration judge ought to be enough. Congress needs to act on legislation to define the due process and fund the acceleration. Alternatively SCOTUS needs to affirm the constitutionality of the President’s powers and actions. Both would do the job nicely. Either way it needs some funding.
Divemedic · April 24, 2025 at 9:14 am
Due process can be a simple hearing with an administrative law judge. For example, the FCC, FAA, and ATF all have similar procedures.
That’s how they were taking away FFLs.
SoCoRuss · April 24, 2025 at 1:29 pm
Due process in our real clown world would mean decades of court dates and delays and law suits and media stories of crying family and I’m sure they will get females pregnant so now a anchor baby also, so nothing would ever happen.
Please understand you cant fix this with a system that’s already corrupt? There are lots of laws about this that have been used multiple times in the past but no one pays any attention. Its like this has never happened before….
As a example by this time in Bidens term, DOJ had rounded up hundreds of J6ers and started trials. In the current Messiahs term, not one fucking person has been raided, perp walked or trails started for the Biden admin and former Trump admin who are responsible for major crimes and deaths of untold americans by the clot shot, NOT ONE. But now we JUST HAVE to have DUE PROCESS and fair trials and use the system that’s already setup to fuck us. Really that”s the answer MORE courts and corrupt judges. OMFG!!!!!
Divemedic · April 24, 2025 at 4:16 pm
While that may indeed be the case, you don’t fix it by ignoring people’s rights. Finding exceptions to the rule so that you can use the courts to fuck over your enemy WILL be used by the left against us. Just ask the J6 defendants how that works.
lynn · April 24, 2025 at 2:31 pm
SCOTUS ruled that administrative law judges are appealable recently. That goes straight into an federal appeals court. “Supreme Court strikes down Chevron, curtailing power of federal agencies”
https://www.scotusblog.com/2024/06/supreme-court-strikes-down-chevron-curtailing-power-of-federal-agencies/
Divemedic · April 24, 2025 at 4:18 pm
That isn’t recent. There are nuances there. Undoing Chevron merely says that the courts will no longer defer to the agencies as being experts- for example, no longer believing the ATF when they say that a shoestring is a machine gun.
BokBok · April 24, 2025 at 6:35 am
Person means citizen. non citizens do not have Rights under the constitution in the country. how can anyone read it differently?
SoCoRuss · April 24, 2025 at 8:16 pm
So lets do a example for the normie folks.
Since traffic court judges now control the country. The basis they used was simply they are inside the country so they now have rights actually more rights than you will get anywhere in the world and you cant do shit until years after multiple hearings and appeals and lots of free lawyers for him for each hearings.
So lets look at that decision from a average guys view in a way us simple folks can understand:
You are asleep in your home. You hear a noise and grab the death dealer and go see whats up. You catch an illegal that broke into your house and is robbing you. So instead of shooting the fucker, you being a good conservative that believes in the rules of law, you call the cops. They finally show up after a few hours and ask you what happened. You tell them, their response?
Sorry sir,according to Judge Dipshit’s opinion since he (The Illegal criminal) is already in this house and he is valid human being and which said house is a valid location in the state and country. He has full rights of occupancy and use of all items in the house including your wife and kids and whether he stays or goes is not your decision, its the decision of the poor illegal just trying to make a living and if you have a issue with that. You can get a lawyer and file a civil suit. The case should get to trial by late 2035. You will have to leave this home once charges are filed so your hate doesn’t cause the poor illegal any stress and pls leave your nubile 16 year old cheerleader daughter here since Mr Abdul Abdul Mohammad is also a Muslim and he has needs that must be sated by your christian females.
BTW, if you try anything to remove him and we will be checking in on him to make sure he feels safe or he can call us and we WILL respond code 3 and we WILL arrest your rascist whitey ass, have you judged and convicted and take you immediately to prison within 36 hours!!!
You see this already has opened the door to hell unless someone says fuck you, game on. Which honestly I think wont happen. Sure this sounds like a fantasy but does it really, the way things are here and now??
Divemedic · April 24, 2025 at 8:38 pm
Reducto ad absurdium
SoCoRuss · April 25, 2025 at 9:33 am
In some ways yes, it was just a clown world example. But it is an example of past behavior being expanded by the no justice legal system to the extreme.How many times have we seen when once the courts and lawyers open the door with pure bullshit rulings, they just don’t open it wider. They tear out the whole wall and let the world in.
Did anyone actually believe that just allowing gays to marry so they could legally be bound to suffer like the rest of us do to who they love be expanded to trans,pedos and what they are doing to our kids???
Who thought the POTUS would open the borders to the most vile of scum the world has to offer? Things expand and go bad very quickly in clown world. The scenario I went with in my past comment was just using the current ways our corrupt system works now….
WE live in clown world and that doesn’t get better with no one standing up and saying that’s fucking it assholes, it just gets more and more crazier by the decision or day..
You cant believe how this shit breaks my heart more and more everyday. I’m one of THOSE guys who LOVES their country but now Hates .GOV with the passion and heat of a thousand suns.
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