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Fact check: Is Ice deporting illegal immigrants without due process

Checked on June 13, 2025

1. Summary of the results

There is substantial evidence indicating that ICE is conducting deportations with significant due process concerns. Multiple sources document specific incidents of arrests immediately following court hearings in Phoenix, Seattle, and San Diego [1], including cases like Julio David Pérez Rodríguez being arrested in an elevator after his hearing [2]. The violations appear systematic, with ICE issuing defective Notices to Appear without hearing dates and failing to update addresses, resulting in deportations without the immigrant's knowledge [3].

2. Missing context/alternative viewpoints

Several critical contextual elements are missing from the original question:

  • Constitutional Rights: Immigrants, regardless of legal status, are constitutionally entitled to due process rights, with legal experts asserting there are "no exceptions" [4]
  • Scope of Impact: The issue affects not just undocumented immigrants but also:
  • U.S. citizens who have been mistakenly detained or deported
  • Proposed amendments to protect citizens failed to gain bipartisan support [5]
  • Nearly half of those detained have no criminal record [6]
  • Internal Issues: There are documented systemic issues within ICE itself, suggesting broader operational problems beyond individual cases [7]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex issue:

  • Legal Complexity: The question implies a binary situation, while due process protections can vary in scope, though they cannot be eliminated entirely [4]
  • International Implications: The deportations extend beyond domestic concerns, with people being sent to countries with serious human rights issues, such as El Salvador, where constitutional rights are suspended [6]
  • Institutional Interests: Several groups have stakes in this narrative:
  • The International Detention Coalition condemns these practices [6]
  • High-profile members of Congress have raised concerns about law-abiding Americans being vulnerable [5]
  • The Trump administration has been criticized for attempting to circumvent these rights [4]

The practices appear to violate both the Immigration and Nationality Act and Supreme Court rulings [3], suggesting this is not merely a policy dispute but a legal issue.

Want to dive deeper?
What constitutional rights do undocumented immigrants have in deportation proceedings?
How has ICE's deportation policy changed under different presidential administrations?
What are the legal requirements for due process in immigration court cases?
How do immigration detention centers handle deportation procedures?
What oversight mechanisms exist to monitor ICE deportation practices?