re: “Due process” for deportations is as ridiculous as squatters rights.

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If ICE has a detainer for you, I don't think you can just say you're a citizen and expect them to walk away and drop it.

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ICE didn’t have a detainer for him.

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The 20-year-old’s first language is Tzotzil, a Mayan language, and he took a long pause when he was asked if he wanted to hire a private attorney or obtain a public defender. He lived in Mexico from the time he was 1-year-old until four years ago, when he returned to Georgia, his mother told the Phoenix.

The Homeland Security Investigations Office in Tampa issued the 48-hour ICE detainer on Thursday. An ICE officer whose name and phone number appear in the detainer refused to speak with the Phoenix.

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What Is Due Process in Immigration Context?

The right to a hearing before an immigration judge

The right to legal representation (at one’s own expense)

The right to present evidence and witnesses

The right to appeal decisions

But… there are exceptions and limitations, especially for recent arrivals or people with prior deportation orders.

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Under George W. Bush

1. Expedited Removal: Widely used for individuals apprehended within 100 miles of the border and within 14 days of entry. These individuals could be removed without seeing a judge.

Due process here was very limited—essentially just an interview with a border official.

2. Criminal Prosecution:
Under Operation Streamline, illegal border crossers were criminally prosecuted before deportation. Some critics argued defendants were rushed through mass hearings, sometimes pleading guilty in groups, raising due process concerns.

3. Detention Policies:
Increased use of mandatory detention, especially for people with criminal convictions or final removal orders. Detained individuals often faced limited access to lawyers.

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Under Barack Obama

1. Secure Communities & Due Process:
Since Secure Communities flagged undocumented immigrants in local jails, many ended up in deportation proceedings without serious criminal convictions. Critics argued that some were funneled into removal proceedings without adequate legal counsel or knowledge of their rights.

2. Expansion of Expedited Removal: Continued use of expedited removal meant many individuals—especially at or near the border—still had minimal due process, even if they had valid asylum claims.

3. Family Detention Centers:
Obama reintroduced family detention during the 2014 migrant crisis (this is where kids in cages came from). Advocates criticized this as a due process issue, especially for women and children without access to lawyers.

Asylum seekers often faced "credible fear" interviews while detained, with limited prep time or legal help.

4. Representation Gap:
Neither administration guaranteed a lawyer in immigration court, and most detained immigrants appeared pro se (without a lawyer). This is one of the biggest ongoing due process concerns.

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Once someone is inside the U.S., whether legally or not, the government must follow legal procedures before deporting them. That’s due process. If republicans cared about this issue, they would’ve passed Biden’s immigration bill.

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