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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDeadline: Legal Blog-Due process is not limited to citizens, contrary to Nancy Mace's claim
Its the latest MAGA message thats 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
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 dont get that protection.
Thats 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 its true that due process is for citizens, its not limited to citizens.
0rganism
(25,473 posts)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)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)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 nations borders.