Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LetMyPeopleVote

(174,963 posts)
Wed Jun 4, 2025, 12:05 PM Jun 2025

Deadline: Legal Blog-Due process is not limited to citizens, contrary to Nancy Mace's claim

It’s the latest MAGA message that’s contradicted even by Republican-appointed justices’ plain understanding of the Constitution.

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/nancy-mace-due-process-citizens-rcna210851

The Trump administration and its supporters could still use a refresher on due process. I previously explained why White House deputy chief of staff for policy Stephen Miller was wrong to suggest the constitutional protection is limited to citizens. Now it appears that Nancy Mace could use that lesson, too.

Amid a series of social media posts apparently intended to be provocative, the Republican U.S. representative from South Carolina wrote Tuesday night, “Due process is for citizens.” The implication being that noncitizens don’t get that protection.

That’s incorrect.

The constitutional amendments that provide for due process apply not only to the narrower category of “citizens” but to the broader category of “person[s].” Indeed, the Republican-majority Supreme Court recently acknowledged this principle. Approvingly quoting from a prior precedent on the matter, it noted, “‘It is well established that the Fifth Amendment entitles aliens to due process of law’ in the context of removal proceedings.”

So while it’s true that due process is for citizens, it’s not limited to citizens.
3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Deadline: Legal Blog-Due process is not limited to citizens, contrary to Nancy Mace's claim (Original Post) LetMyPeopleVote Jun 2025 OP
"Due process" has to apply for everyone, prima facie 0rganism Jun 2025 #1
Really sad admininstration officials don't understand it, and that MSM must explain to the public bucolic_frolic Jun 2025 #2
My take on how things should be - from a definitely non-legal mind EYESORE 9001 Jun 2025 #3

0rganism

(25,473 posts)
1. "Due process" has to apply for everyone, prima facie
Wed Jun 4, 2025, 12:17 PM
Jun 2025

For those who claim it's only for "citizens", how else would we even establish whether a particular person is a citizen? The notion that the law only protects citizens is itself corrosive to the rule of law, but the GOP assholes know this quite well. They don't care, and they push this startlingly bad idea as a way to rip apart the fabric of society -- their grift is strongest where the law is weakest.

bucolic_frolic

(54,052 posts)
2. Really sad admininstration officials don't understand it, and that MSM must explain to the public
Wed Jun 4, 2025, 12:18 PM
Jun 2025

which also doesn't understand it. Not only that but due process applies to tourists visiting the US. They are afforded the same civil rights as citizens, so criminals can't attack them and expect a free ride.

EYESORE 9001

(29,458 posts)
3. My take on how things should be - from a definitely non-legal mind
Wed Jun 4, 2025, 12:20 PM
Jun 2025

Any person occupying space within the borders of this country is entitled to due process. This is the law of the land. Denial of this right is an attempt to devise a two-tiered legal system, where non-citizens are denied basic rights afforded to everyone else within this nation’s borders.

Latest Discussions»General Discussion»Deadline: Legal Blog-Due ...