(UnitedVoice.com) – One of the Trump administration’s top priorities was to ensure that Americans received justice over violent, illegal immigrants who were not supposed to be in the United States. During the 2016 campaign, Trump often met with families who were harmed or lost loved ones at the hands of these violent offenders. He vowed to crack down on vicious crimes by illegals and instituted a policy as president that would allow federal authorities to arrest illegal immigrants accused of violent crimes at federal courthouses. Now, it appears that President Biden and his administration are throwing caution to the wind and giving preference once again to those breaking the law over crime victims.
On Tuesday, April 27, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued new guidance eliminating the arrest of illegal immigrants in or near a federal courthouse. In a written statement, Mayorkas said that illegals should have access to federal courts to ensure they receive justice, promote safety for victims, and guarantee equal protection under the law.
Do Illegal Immigrants Enjoy Due Process Rights?
There are two complementary issues at play, and the Biden administration is only dealing with one of them. The first deals with arrests of criminals on federal property, and the second is due process rights. The definition of due process is two-fold:
- It’s a set of formal legal proceedings that ensure fairness applies and that Constitutional rights are not restricted.
- A Constitutional requirement that laws may not be arbitrary, unfair, or unreasonable towards individuals.
The US Constitution only mentions due process twice: It’s in the 5th and 14th Amendments. In the late 1800s, the US Supreme Court ruled in Yick Wo v. Hopkins and Wong Wing v. United States that non-citizens, whether legal or illegal, are guaranteed due process rights.
However, due process rights are not the same thing as arresting someone on federal property who has broken the law. Equal protection means equal. Authorities regularly arrest citizens charged with crimes and who are on federal property. There are no exceptions for them. So, why are there exceptions for illegal immigrants who break the law?
Before the determination of a deportation order, authorities provide full due process rights to illegal immigrants. They must appear before an immigration court that hears the case, and a judge makes a legal ruling.
So, it appears that the Biden administration is once again doing what Democrats do — protecting illegals at the expense of American citizens who are their victims.
What other conclusion can one draw?
Don Purdum, Independent Political Analyst
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