303-442-8554 or 303-557-0725

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Due Process in Immigration

Due Process in Immigration

The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.

The Constitution restricts the actions of the Government with respect to both American citizens and non-citizens. The Supreme Court — all the way back in 1886 — held that the Constitution restricts the actions of the Government with respect to both American citizens and non-citizens, when, it overturned the criminal conviction of a Chinese citizen living in California on the ground that the law in question violated his Fourteenth Amendment rights to due process and equal protection.

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