The first one hundred days of President Donald Trump’s second term consist of repeated attempts to undo due process in the immigration system. Through a collection of executive orders, legal actions, and law enforcement, the Trump administration’s efforts have elevated and streamlined the detention and removal process in the United States. These efforts have led to controversy and pose legal questions whose answers could alter the nation’s treatment of migrants, immigrants, and the nature of presidential power.

Through the enactment of laws such as the 1798 Alien Enemies Act, Trump officials have pushed the legal limits of executive power. Despite receiving a court order to halt the removal of hundreds of suspected gang members, the Trump administration still invoked the eighteenth-century law. Over a hundred individuals were removed to a prison in El Salvador without due process, at least one U.S. citizen was among them.

Under the Trump administration, immigration agencies such as the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP) have been under increasing pressure to streamline their detention and removal rates, while also being under the same level of scrutiny as the parts of the federal government that’ve experienced cutbacks. This environment could serve to encourage a waiver of due process in the immigration system due to the time required to fulfill it.

During his re-election campaign, President Trump mainly targeted undocumented migrants in his rhetoric and promises to voters. Now, undocumented migrants, legal migrants, and immigrants are all experiencing the same levels of immigration enforcement.

Legal experts on both sides of the political aisle agree that migrants and immigrants have certain rights enshrined in the constitution, one of these being due process. It’s therefore important that migrants and immigrants remain informed and in-the-know regarding their rights and legal status. Consulting knowledgeable legal counsel is highly recommended.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.

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