Index/Topics/Due Process

Due Process

The legal concept of due process, including the right to a fair hearing and the protection against unlawful detention and deportation.

Fact-Checks

6 results
Jan 30, 2026
Most Viewed

Is the current deployment of ice under the trump administration legal and constitutional?

The question of ’s recent deployment of thousands of and federal immigration agents is legal and constitutional is actively contested in courts and in the court of public opinion: the administration i...

Jan 26, 2026
Most Viewed

How has DHS’s use of expedited removal changed since 2004 and what court challenges have followed?

Since 2004 moved from a narrow border tool into a broader enforcement mechanism—first by extending it to apprehensions within 100 miles and then later by designations that sought nationwide applicatio...

Feb 5, 2026

Was Lucia Lopez Belloza a US citizen?

was treated by federal authorities as a noncitizen and was deported to after being detained at , and no reporting in the assembled sources identifies her as a citizen . Government statements describe ...

Feb 4, 2026

How has the Supreme Court's interpretation of due process evolved for non-citizens since the 2020 term?

has maintained the longstanding baseline that non‑citizens within territory are “persons” entitled to some Fifth Amendment protections while simultaneously reaffirming strong deference to the politica...

Jan 23, 2026

What legal remedies exist for people subject to expedited removal or detained without counsel?

sharply narrows procedural safeguards: people usually have no right to counsel, no hearing before an immigration judge, and no ordinary appeal to the , which means typical paths for review are curtail...

Jan 9, 2026

What statutes or case law define ICE's authority to detain individuals during immigration enforcement?

The statutory backbone of ICE’s detention authority is the Immigration and Nationality Act (INA), primarily 8 U.S.C. §§ 1226, 1226(c), 1231 and 1357, which authorize administrative arrests and detenti...