Illegal alien advocates claim that deportations of can’t happen until illegal illegals receive “due process.” What they want is to make deportations so legally complicated that deportations will become difficult and rare. To support their position, these advocates cite the clauses in the Fifth and Fourteenth Amendments which state that persons shall no be deprived of life, liberty, and property without due process.
There is dispute as to how due process should apply to illegal aliens, or if it fully applies at all. One interesting insight comes from Todd Bensman of the Center for Immigration Studies. He notes that the due process required in a criminal proceeding is not the same as in an administrative procedure involving immigration.
Specifically, he notes, deportation does not involve the taking of life, liberty, and property. Some might contend that illegal aliens lose liberty when they are detained. Bensman replies that “illegal immigrants are not being imprisoned, they’re being sent home. They’re free, at home. We’re not taking liberties away.”
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