Due Process and Aliens: What They Are and Are Not Entitled to in Immigration Proceedings

AUTHOR

Hans von Spakovsky

DATE

July 6, 2025

Immigration cases are civil rather than criminal proceedings, and aliens have limited due process rights as defined by Congress and Supreme Court precedents. Those rights differ depending on whether aliens are trying to enter this country or are already here, legally or illegally, as well as their visa or other status.

READ MORE: Due Process and Aliens: What They Are and Are Not Entitled to in Immigration Proceedings | The Heritage Foundation

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