Glenn Kirschner Explains Due Process Rights for Undocumented Immigrants

Stephen Miller's Misinterpretation of Due Process

• 🚨 Stephen Miller is criticized for claiming due process rights are only for citizens, not undocumented immigrants facing deportation.
• 💡 This stance is directly contradicted by multiple Supreme Court rulings, including Matthews v. Diaz (1976) and Plyler v. Doe (1982), which affirm due process for all persons within U.S. jurisdiction.
• ⚖️ The Supreme Court has consistently held that undocumented immigrants are entitled to notice and an opportunity to be heard before deportation.

Legal Precedent vs. Political Rhetoric

• 🏛️ The Supreme Court has repeatedly settled the issue, with a recent 9-0 vote reinforcing due process rights for undocumented immigrants.
• 🗣️ Glenn Kirschner argues Miller's statements are dangerous propaganda aimed at inciting Trump's base against undocumented immigrants.
• 🧐 The case Shaughnessy v. US (1950s) is also cited, confirming that even illegally present aliens are entitled to proceedings conforming to due process.

Donald Trump's Stance on Mass Deportation

• 📢 Donald Trump has suggested mass deportations without due process, citing the impossibility of handling millions of cases.
• 🚫 Kirschner counters that while compliance may be inconvenient or resource-intensive, it does not justify violating the Constitution.
• ⏱️ Deportation hearings are not criminal trials and can be conducted quickly, often within weeks, not the extensive timelines implied by Trump.

Constitutional Oath and Court Accountability

• 🇺🇸 Trump's statement, "I don't know" if he has to uphold the Constitution, is seen as a violation of his oath of office.
• 📈 Statements made by Trump and Miller are considered admissible evidence in court as statements of a party opponent, potentially used against them in litigation.
• 🏛️ Federal courts, including the Supreme Court, have generally upheld due process rights, and their rulings provide evidence of bad faith when challenged by the Trump administration.

Future Legal Battles

• ⚖️ Kirschner anticipates legal challenges will continue to worsen for Donald Trump, potentially leading to more desperate actions.
• 🧐 The willingness of the Supreme Court to protect its own autonomy against such challenges remains to be seen, especially in cases involving the return of deported individuals.