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MoreBack to News Headlines
Migrant lawyers claim Trump is deporting without 'due process,' but what does that mean?

Migrant lawyers claim Trump is deporting without 'due process,' but what does that mean?

Fox News
Friday, April 25, 2025 10:39 PM GMT

Legal experts say the Supreme Court will likely have to issue additional guidance on what due process looks like as President Donald Trump's deportation suits under the Alien Enemies Act continue to unfold.

"More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act," the opinion reads. "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs." Haley Chi-Sing is a politics writer for Fox News Digital. You can reach her at @haleychising on X.

Due process is a constitutional principle that ensures fairness in legal and administrative proceedings, which includes giving proper notice and an opportunity to be heard in a timely manner by an impartial tribunal. The Supreme Court pointed to Reno v. Flores, a 1993 Supreme Court case, in writing, '"It is well established that the Fifth Amendment entitles aliens to due process of law' in the context of removal proceedings."

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