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Fact check: All immigrants under trump removed without due process

Checked on June 12, 2025

1. Summary of the results

The statement that "all immigrants under Trump were removed without due process" is demonstrably inaccurate. While the Trump administration attempted to limit due process rights for immigrants, multiple sources confirm that constitutional protections remained in place:

  • The Supreme Court has consistently ruled that all immigrants, including undocumented ones, are entitled to "full and fair" hearings before deportation [1]
  • Federal courts actively blocked many of Trump's attempts to circumvent due process, ensuring basic constitutional protections were maintained [2]
  • Conservative Supreme Court Justice Antonin Scalia himself confirmed immigrants' right to due process [1]

2. Missing context/alternative viewpoints

The original statement omits several crucial pieces of context:

  • The Trump administration did take significant actions to reduce due process protections, including:
  • Expanding expedited removal nationwide [3]
  • Increasing detention
  • Limiting legal representation
  • While Trump and advisor Stephen Miller suggested immigrants might not be entitled to due process, Trump himself acknowledged constitutional constraints [1]
  • The U.S. Constitution and decades of court decisions have established that all immigrants, regardless of legal status, have due process rights, though these rights can vary based on immigration status [4]

3. Potential misinformation/bias in the original statement

The statement appears to serve multiple political narratives:

  • Anti-Trump narrative: By suggesting complete elimination of due process, it overstates the actual impact of Trump's policies, though they were indeed restrictive [3]
  • Pro-Trump narrative: The administration's public statements often questioned immigrants' right to due process [5], potentially leading supporters to believe all immigrants could be deported without hearings

The reality is more nuanced: while the Trump administration attempted to limit due process rights, the judicial system consistently intervened to maintain constitutional protections [2]. The statement fails to acknowledge this crucial check-and-balance dynamic between executive actions and judicial oversight.

Want to dive deeper?
What constitutional due process rights do immigrants have during deportation proceedings?
How did Trump's immigration enforcement policies differ from previous administrations?
What legal challenges were filed against Trump administration immigration practices?
How many immigrants were deported during Trump's presidency compared to other presidents?
What role do immigration courts play in deportation proceedings?