Immigration advocates and attorneys are pushing back against a call from President Donald Trump to deport migrants immediately without a trial.
The president tweeted on Sunday:
"We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents..."
The president suggested doing away with the legal process altogether as opposed to hiring more judges to manage a backlog of cases that has been years in the making.
The Trump administration defended the president's comments on Monday.
"Thousands of illegal aliens are removed every month without seeing an immigration judge, as a result of procedures in current law including voluntary removal and an expedited removal," White House Press Secretary Sarah Huckabee Sanders said. "Just because you don't see a judge doesn't mean you aren't receiving due process."
But that's exactly what is not given, according to Dallas immigration attorney Pallavi Ahluwalia.
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"It's completely unconstitutional as well as being illegal. At this point I would also say that this, I would be surprised to see if it has any kind of support from Congress," she said. "This is literally a violation of the Fifth Amendment."
The president did not mention people coming into the country seeking asylum in his tweet, but many of the undocumented migrants caught on the U.S.–Mexico border in recent weeks say they are from Central America and are seeking asylum from violence and extreme poverty in their home countries.
"It's a little disconcerting to understand that the president does not care about due process and the Fifth Amendment clearly provides for any person, this is not related to whether you are a U.S. citizen and you'll have due process just because you're a U.S. citizen," Ahluwalia said "Every person the Constitution is written with regard to every person, not written to just people who are residents of this country or they are just U.S. citizens."
In 1982, the U.S. Supreme Court held that even those in the country illegally have long been recognized as persons guaranteed due process of law by the fifth and 14th Amendments.