Much Ado About Due Process
by C. A. Matthews
The term due process has been in the news lately, but what does the US Constitution say about due process? According to Wikipedia:
The Fifth Amendment's Due Process Clause ensures that no person can be deprived of life, liberty, or property without fair legal procedures. It protects individuals from arbitrary government actions and guarantees certain legal rights in both criminal and civil cases.
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the US Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.
So, what does due process mean in the legal sense? According to Wikipedia:
Procedural due process requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those interests, procedural due process requires the government to afford the person, at minimum, notice, an opportunity to be heard, and a decision made by a neutral decision maker.
This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials.
So, who is entitled to the right of due process—the right to have the opportunity to defend oneself when one is accused of a crime or misdemeanor by the government? The Constitution says a person is entitled to the right of due process. It’s not for citizens alone, in other words.
Who exactly is a “person” has been argued and decided before the Supreme Court in the past. The US Constitution once stated that an enslaved person of African ancestry was only “3/5 of a person” for population census purposes, and therefore, he or she was not a person, but we’ve moved past that (hopefully). The current take is that every person currently within the borders of the US, whether they’re a citizen, a permanent resident (green card holder), living here under a temporary status (TPS, DACA, etc.), a tourist, or an undocumented person (without status) is entitled to due process.
No exceptions.
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