Sorry, Trump, That’s Not How Any Of This Works

On Sunday, June 25^th, as part of Donald J. Trump’s normal Sunday morning tweet storm, he tweeted about what should be done with those entering the United States at our Southern border. He apparently has not reviewed the Due Process provisions of the United States Constitution. His morning tweet stated: “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 Fourteenth Amendment to the Constitution, Section 1, provides: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  “All persons” means all persons, all human beings, no exceptions.  “Any person” means ANY human being.

The Fifth Amendment of the Constitution also addresses due process, this one with respect to the federal government: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

In Zadvydas v. Davis, 533 U.S. 678 (2001), The Supreme Court of the United States addressed the issue of aliens entering the United States and whether they were entitled to due process protections. The Davis Court held in part: “But once an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all “persons” within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.” Donald Trump’s tweet misstates existing Constitutional law and, if it were to be enforced, would be a dangerous encroachment on all persons’ rights, whether a citizen or not.