President Donald Trump recently suggested that illegal aliens should be sent back to their countries of origin without hearings and the years of litigation that often follow.
And the Supreme Court has been remarkably consistent on this point over the years:
It is not within the province of the courts to order the admission of foreigners who have no formal, legal connection to the United States. “As to such persons, the decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law.” (Murray’s Lessee v. Hoboken Land and Improvement Co.; Hilton v. Merritt)
“It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty and essential to self-preservation, to forbid the entrance of foreigners within its dominions or to admit them only in such cases and upon such conditions as it may see fit to prescribe.” (Ekiu v. United States)
The United States need only provide an alien with a judicial trial when charging them with a crime and seeking a punitive sentence. (Wong Wing v. United States)
“Whatever the rule may be concerning deportation of persons who have gained entry into the United States, it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the government to exclude a given alien.” (Knauff v. Shaughnessy)
Unadmitted, nonresident aliens have no right of entry to the United States as non-immigrants, or otherwise. (Kleindienst v. Mandel)
What does this all mean? That foreign nationals outside our borders are not owed any due process whatsoever. The United States may exclude them at will. It also means that illegal aliens apprehended within the United States are entitled only to such due process as Congress accords them. – READ MORE