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Don Gonzalez's avatar

I thought your observations were sound, but you lost me with your throw away line about due process.

Due process, as protected by the Fifth and Fourteenth Amendments, refers to both procedural and substantive constitutional guarantees that shield individuals from arbitrary denial of life, liberty, or property by the government.

Procedural due process requires fair and transparent procedures before the government can deprive someone of protected interests. This typically includes notice, an opportunity to be heard, and a neutral decision-maker. It's grounded in the idea that the legal process must be just, regardless of the outcome.

Substantive due process limits what the government may do in its legislative and executive capacities. It protects certain fundamental rights (e.g., privacy, bodily autonomy) from government interference, even if the procedures are followed properly.

Due process plays out in both criminal and civil contexts. In criminal law, it ensures fair trial rights (Miranda warnings, right to counsel, etc.). In administrative law, it affects how benefits are terminated (e.g., welfare or education). In constitutional litigation, courts use strict scrutiny or other levels of review to evaluate whether government action unjustly infringes on fundamental rights.

The Founders were intent on making sure that the State had to play by the rules (Rule of Law), even when it is not efficient or expedient.

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Mark Connolly's avatar

I very much appreciate the feedback, and the clarification on what due process actually means. And you're correct about it being a throwaway line. I will ask however since that throwaway line began with "convicted criminal", if you have someone that it turns out is here on a temporary status and then they are convicted of a crime, is it best to keep them here in the United States, or send them back to their home country? So not really a due process question, although I am curious what having been convicted of, say a violent crime, does to their status as a temporary guest. I don't know that this is the case, but I would think that temporary status includes things like obeying the laws of the land, and that some consequences of criminal activity for someone here on a temporary status is rationally distinct from the consequences for a citizen of the country. And I am very specifically leaving aside people who were granted permanent resident status. I am limiting this to TPS and chnv.

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