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Fact check: Do immigrants given temporary immigration status by Jo Biden, which has now been ended by SCOTUS, have Due Process rights or may they be deported immediately.

Checked on June 17, 2025

1. Summary of the results

The analyses reveal a complex legal situation regarding immigrants with temporary status whose protections were revoked by the Supreme Court. The Supreme Court's decision allows the Trump administration to revoke the temporary legal status of hundreds of thousands of migrants, potentially exposing them to rapid removal [1]. This affects approximately 500,000 immigrants from 4 countries who had been granted temporary protections under the Biden administration [2].

However, the constitutional framework provides important protections. Every person on U.S. soil is entitled to due process under the Fifth Amendment, which includes notice, hearings, a fair decision maker, and appeals [3]. The Supreme Court has established that this constitutional guarantee applies to everyone in the U.S., regardless of immigration status [4].

Despite these constitutional protections, the current implementation appears problematic. The Trump administration is using expedited removal proceedings that may allow deportations without a hearing before an immigration judge [5], and immigration judges are being instructed to allow Department of Homeland Security lawyers to make motions to dismiss cases orally [6].

2. Missing context/alternative viewpoints

The original question omits several critical pieces of context that significantly impact the answer:

  • The affected migrants may still have other avenues available to stay in the country, such as applying for asylum [2], meaning immediate deportation isn't necessarily the only outcome.
  • The Supreme Court's ruling returns the issue to the lower courts [7], indicating that legal challenges are ongoing and the situation remains fluid.
  • Dissenting Justices Ketanji Brown Jackson and Sonia Sotomayor highlighted concerns about the Court "undervaluing the devastating consequences of allowing the Government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending" [7].
  • The Trump administration's tactics of dismissing pending immigration cases and then arresting immigrants may violate the Immigration and Nationality Act [6].

Different stakeholders benefit from various interpretations:

  • The Trump administration benefits from expedited removal policies that allow faster deportations without extensive court proceedings
  • Immigration advocacy groups and affected migrants benefit from emphasizing due process protections that could slow or prevent deportations
  • Legal professionals specializing in immigration law benefit from the complexity requiring extensive legal representation

3. Potential misinformation/bias in the original statement

The original question contains several potentially misleading elements:

  • It incorrectly attributes the temporary immigration status to "Jo Biden" rather than Joe Biden, which could be seen as a deliberate misspelling to diminish respect.
  • The phrasing "which has now been ended by SCOTUS" oversimplifies the Supreme Court's role - the Court allowed the Trump administration to revoke the status rather than directly ending it themselves [1].
  • The binary framing of "Due Process rights or may they be deported immediately" creates a false dichotomy that ignores the complex reality where constitutional protections exist but may be circumvented through expedited procedures [3] [4].
  • The question fails to acknowledge that expedited removal orders "can be used to deport certain people without court hearings" but this "potentially violates the Constitutional guarantee of due process" [4], presenting the situation as more clear-cut than it actually is.
Want to dive deeper?
What due process rights are guaranteed to immigrants with temporary status?
How does the SCOTUS ruling affect Joe Biden's immigration policies?
Can immigrants with ended temporary status apply for other forms of relief?
What is the timeline for deporting immigrants with expired temporary status?
Do immigrants have the right to appeal deportation orders based on due process grounds?