this post was submitted on 09 May 2025
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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.