Vanishing Rights: The Quiet Dismantling of Due Process in U.S. Immigration Enforcement

In the United States, we like to believe that every person—regardless of where they were born—is guaranteed due process under the law. It’s a cornerstone of American justice, enshrined in the Constitution, and taught in civics classes as a fundamental right. But what if that promise has quietly begun to unravel? What if a growing segment of people on American soil—many here legally—are being denied their day in court, their right to a lawyer, and even the chance to say goodbye?

This is not speculation. It is the current reality for thousands of people swept up in the expanding machinery of immigration enforcement.

Constitutional Protections… On Paper

The Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law. The word “person” matters—it means these rights extend to everyone within U.S. borders, not just citizens. Courts have repeatedly affirmed this, holding that non-citizens are entitled to fair treatment under the law.

In theory, someone detained for an immigration violation should receive:

• A formal notice to appear before an immigration judge
• The right to contest their detention or removal
• A hearing where they can present evidence or seek asylum
• The opportunity to appeal or seek habeas corpus relief

But in practice, these safeguards are rapidly being stripped away.

Expedited Removal: The Fast Track to Deportation

One of the most devastating tools is expedited removal. Under this process, individuals—especially those detained near the border or unable to prove long-term residence—can be deported within days, without ever stepping foot in a courtroom. No judge. No hearing. No appeal.

And the reach of expedited removal has expanded dramatically. Once limited to those caught near the border, it now affects people picked up anywhere in the country, including longtime residents. Immigration agents have begun detaining people in courthouse parking lots and at routine check-ins. The message is clear: no place is safe.

Old Laws, New Abuses: The Alien Enemies Act

In an alarming twist, the federal government is now invoking the 1798 Alien Enemies Act to justify deportations without due process. Originally intended to allow the removal of foreign nationals during wartime, it is now being applied to people like Venezuelans fleeing failed states.

These deportees aren’t being sent back home—they’re being shipped to dangerous third countries like El Salvador, where some have been locked away in megaprison complexes without trial. Some weren’t even the correct individuals.

On June 23, 2025, the Supreme Court temporarily upheld this practice, allowing the administration to continue deporting people under this law without offering them a hearing, despite credible threats of torture and death awaiting them.

No Lawyers, No Voice

Unlike criminal court, immigration court does not guarantee legal representation. If you can’t afford a lawyer—and most detainees can’t—you’re expected to defend yourself. In a foreign language. In a complex legal system. While detained.

Immigration judges are under immense pressure to move cases quickly. That means procedural errors, translation mistakes, and rushed decisions are not only possible—they’re common. And for those in expedited removal or processed under emergency powers, there is no courtroom at all.

The Laken Riley Act and the End of Bail

The recently passed Laken Riley Act has made it even worse. It mandates detention without bond for immigrants accused (not convicted) of a wide range of crimes—even misdemeanors. People are being arrested, held indefinitely, and often deported without ever having the opportunity to defend themselves or prove their innocence.

This Could Happen to You

If you think this only affects “illegals,” think again.

Just ask Brad Lander, the New York City Comptroller, who was detained by ICE despite being documented and outspokenly supportive of immigration rights. After his release, he admitted: “I was treated better than migrants. I got a phone call. I knew my rights. Most don’t.”

Or consider that under current policy, legal immigrants, green card holders, and even U.S. citizens with foreign names or accents have been mistakenly detained. If the system no longer requires hearings or lawyers, your passport may not be enough to protect you.

We Are Eroding Our Own Freedoms

The danger here isn’t limited to immigrants—it’s the precedent we’re setting.

If we accept a system where the government can detain and deport people without hearings, without evidence, and without judges, we are dismantling the rule of law itself. What is done to the least protected today can be done to anyone tomorrow.

Unchecked power doesn’t stop at the border. It expands until it reaches you.

What Can You Do?

• Call your representatives. Demand oversight of DHS and ICE.
• Support legal aid organizations that fight for due process in immigration courts.
• Raise awareness. Share the stories. Humanize the statistics.
• Vote accordingly. Civil liberties are on the ballot—whether they say so or not.

The Constitution is only as strong as our willingness to defend it. If we remain silent while due process is dismantled for immigrants, we may one day find ourselves on the wrong side of that silence.