this post was submitted on 09 May 2025
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Due process has to apply to everyone, otherwise they will inevitably expand the categories of people it doesn't apply to. And if you don't have due process, no one can challenge their placement into one of those groups.
The very first step of due process is for the courts to determine the person's rights, i.e. what category they are in. So even if a putative person has no right to be in the US, the court is the body that determines this. Not Patel.
Imagine there is any category that is devoid of due process rights. Patel will simply claim - without needing to prove anything - that you belong to that single category regardless of what actual category that you are in. And thus you have no rights at all.
If due process doesn't apply to only a single category, it doesn't apply to anyone.
Yeah, they're just testing the water
It doesn't even have to expand. "People who meet this super hair thin niche category do not get due process". If we accept that and allow it to be applied to people by the same entities wishing to deprive them of due process, suddenly that hair thin niche category will expand to be as wide as it needs to be. And when no one has a right to challenge it... who is going to say otherwise? How? To whom? For what? Either every single person has this right, or it can be stripped from anyone they want.