Fifth Circuit Says Gov't Can Violate Migrants' Due Process Rights... For 90 Days
The Fifth Circuit Court of Appeals ruled that the U.S. government can violate migrants' due process rights for up to 90 days, siding with immigration enforcement over individual legal protections in expedited removal cases.
Background
- The Fifth Circuit is one of 13 U.S. federal appellate courts, covering Texas, Louisiana, and Mississippi. It is known for issuing some of the most conservative rulings in the country, often restricting government regulation and expanding executive power on immigration and law enforcement.
- Due process rights are constitutional protections (under the Fifth and Fourteenth Amendments) that guarantee fair treatment through the judicial system. For non-citizens in deportation proceedings, this includes the right to a hearing, to present evidence, and to challenge the government's case.
- The ruling allows the government to bypass these procedural protections if it acts within a 90-day window — effectively creating a "safe harbor" for due process violations as long as they are temporary. This is a significant narrowing of constitutional protections for migrants, and could set a precedent for other circuits or the Supreme Court to consider.