What to Know About Due Process and Expedited Removal Concerns in the Current Immigration Landscape

 Due Process Concerns

Under the United States (US) government, all people have the right to fair treatment under the law. In the Fifth and Fourteenth amendment, due process requires that people are provided with an opportunity and notice to appear in court to state their case, before taking away life, liberty or property (Bryant, 2025). Until recently, every individual within US borders was protected by this due process clause.

President Trump has recently expanded expedited removal, saying that immigrants are not granted due process. This is not true, as the due process clause states “person” not “citizen”, meaning that their claim that due process applies only to citizens is false. This means that individuals are now getting detained and deported before appearing in court. An example of this is the mistaken deportation of Kilmar Armando Abrego Garcia. Illegally entering the country in 2012, Kilmar was detained in 2019 based on accusations regarding gang involvement. His lawyer later claimed he was never criminally convicted, including gang affiliation (BBC). The court found in this case that the right to due process was violated and he was not given a chance to appear in court.

Expansion of Expedited Removal

Expedited removal was used for unauthorized immigrants who just arrived in the United States(US) to quickly get deported without a court hearing. The Trump Administration has expanded expedited removal to now potentially impact US residents and those who were protected by temporary protections (Chishti, Bush-Joseph, 2025). Non citizens granted protection under humanitarian parole, are now eligible for expedited removal. It is a fast process and is determined whether a noncitizen can legally remain in the US, and if not, they do not have the right to a hearing.

Temporary Protected Status (TPS) grants have been ending making these people eligible for expedited removal. Noncitizens are getting targeted when their case is dismissed, US Immigration and Customs Enforcement (ICE) agents wait in the hallways to immediately arrest people.

Potential Consequences

Non-citizens lack legal representation and may not know what their rights are. Because of this, noncitizens are getting removed without getting to make a call. ICE officers are now encouraged to make arrests and the Supreme Court has allowed race and language to profile US citizens. The government has been arguing that illegal aliens should not be granted due process rights. This means that more noncitizens are getting removed without the right to a hearing and an opportunity in court. With more deportation, families and individuals are getting separated from each other.

It appears that ICE is taking advantage of noncitizens who lack proper representation. Many pro-immigration individuals always claim that they want noncitizens to “apply” the proper way to enter the US, however, are using legal tricks to try and punish noncitizens trying to live in the US.

If you need any assistance regarding your situation do not hesitate to contact the Law Firm of Gian-Franco Melendez, LLC to speak with an experienced immigration attorney. https://attorneymelendez.com/legal-services/immigration-law/