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Fact check: Is there a constitutional amendment granting due process to illegal migrants

Checked on September 11, 2025

1. Summary of the results

The analyses provided suggest that there is no specific constitutional amendment granting due process to illegal migrants [1]. However, the Fifth and 14th Amendments of the Constitution grant due process rights to all people, including non-citizens, on U.S. soil [1]. The Supreme Court has ruled that due process applies to all non-citizens on U.S. soil, but the specifics of what that means in practice are still being debated [2]. The Court has stated that detainees are entitled to notice and an opportunity to be heard, but the type of notice and hearing can vary depending on the individual's circumstances [2]. Federal courts have also ruled that certain aspects of immigration policies, such as mandatory detention without bond, violate due process rights [3].

Key points to consider:

  • The Fifth and 14th Amendments grant due process rights to all people, including non-citizens [1]
  • The Supreme Court has reaffirmed that immigrants facing deportation are entitled to due process [1]
  • The specifics of due process in practice are still being debated [2]
  • Federal courts have ruled that certain immigration policies violate due process rights [3]

2. Missing context/alternative viewpoints

Some analyses highlight the importance of due process in ensuring that individuals are not wrongly deported [3] [4]. However, other sources suggest that non-citizens' due process rights are limited in immigration proceedings [5]. The Heritage Foundation suggests that noncitizens' due process rights are limited, but the Supreme Court has repeatedly affirmed that noncitizens are entitled to some form of due process [5]. Additionally, the Trump administration has been accused of trampling on due process rights, particularly in the context of immigration [1].

Alternative viewpoints to consider:

  • Non-citizens' due process rights are limited in immigration proceedings [5]
  • The Trump administration has been accused of trampling on due process rights [1]
  • The specifics of due process in practice are still being debated [2]

3. Potential misinformation/bias in the original statement

The original statement may be misleading, as it implies that there is a specific constitutional amendment granting due process to illegal migrants, when in fact, the Fifth and 14th Amendments grant due process rights to all people, including non-citizens [1]. The statement may benefit those who seek to restrict due process rights for non-citizens, as it implies that due process is not guaranteed for illegal migrants [5]. On the other hand, the statement may also be seen as benefiting those who advocate for due process rights for all individuals, regardless of immigration status, as it highlights the importance of due process in ensuring that individuals are not wrongly deported [3] [4].

Potential biases to consider:

  • The statement may be misleading, as it implies a specific constitutional amendment for illegal migrants [1]
  • The statement may benefit those who seek to restrict due process rights for non-citizens [5]
  • The statement may also benefit those who advocate for due process rights for all individuals [3] [4]
Want to dive deeper?
What are the due process rights of undocumented immigrants under current US law?
How does the 14th Amendment apply to due process for non-citizens?
Can illegal migrants be denied due process under the US Constitution?
What Supreme Court cases have addressed due process for undocumented immigrants?
How do other countries grant due process to undocumented migrants?