In a 69-page order, U.S. District Judge Nancy E. Brasel, who was appointed by President Donald Trump during his first term, offers the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) a remedial lesson on constitutional rights.
„The Fifth Amendment Due Process Clause applies to all persons within the United States, including noncitizens, whether their presence here is lawful, unlawful, temporary, or permanent,“ the judge intones, in a cleaned-up quote citing several precedents. „It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. And the right to access counsel is critical to due process; without it, all other rights become illusory.“
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Excerpts:
In a 69-page order, U.S. District Judge Nancy E. Brasel, who was appointed by President Donald Trump during his first term, offers the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) a remedial lesson on constitutional rights.
„The Fifth Amendment Due Process Clause applies to all persons within the United States, including noncitizens, whether their presence here is lawful, unlawful, temporary, or permanent,“ the judge intones, in a cleaned-up quote citing several precedents. „It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. And the right to access counsel is critical to due process; without it, all other rights become illusory.“