Source: Roger Froikin, May 1, 2025
It seems one side of the political spectrum loves the term “Due Process”. But fails to define it as it applies to immigration law, but they do not seem to care to tell you what is, as Barack Obama while President deported 3.5 Million people without any concern for Due Process. It seems they only care now that it can be used against Trump. Double Standards that use the ignorance of people, are always dishonest and always disgust me.
Due Process and:
- Student Visas. Students from all sorts of countries are welcome to study in the USA every year. When they complete their studies or terminate their studies, their visa expires and they must, as a matter of law, leave the USA. If they involve themselves in any activities that are not part of their studies for which the visa was granted, the visa is cancelled and they must leave. That is due Process under the provisions of the Student Visa. They have no rights to hearings or courts. They must leave.
- Tourist Visas. Most Tourist visas designate a period of time that a tourist can be in the USA, often for a maximum of 30-90 days. At the end of the visa period, a Tourist must leave. If they do not leave, they are to be deported. There is no provision for hearings at court. They can be picked up and deported a at any time. That is one of the problems today. Tourists who overstay visas. The Russian, Ukrainian, Armenian, and Georgian mafias on both coasts, are examples of people who entered the USA as tourists and never left. It is time that they all be deported – to end their activities in prostitution, drugs, gambling and extortion.
- Resident Visa. These visas are applied for outside the USA. An applicant has no right to a visa. They can apply, and the responsibility is on them to prove that if admitted to the USA, they will be coming without any criminal record in any country in which they have lived, that they have an ability to use the English Language to a degree, that they are in relatively good health, and that they will not be dependent on the USA Government for support. Then they pay their fees and wait for approval, if granted. Only the spouses of American Citizens have a right to preference, but they still have to comply with all the requirements. If Resident visas are granted, and there is evidence of false statements, of felony records, of anti-USA histories, and/or any association with enemy states or movements or sympathies, their visa can be revoked leading to deportation. No courts or hearings are required.
- Asylum. After the horror of turning away Jews in the 1930’s and 1940’s who were escaping almost sure death in Nazi Europe, the United Nations established a treaty which defined asylum, and the USA is a signature of the treaty. To receive Asylum, under the rules established by treaty one must be in fear of Persecution due to religious, racial, ethnic bigotry or political persecution and possibility as a result of prison or death in ones homeland, and the applicant must have tried to gain asylum at the next closest state that could offer it. If one does not qualify for one of those reasons, one can be deported. That is where some form of Due Process comes into the picture, and the law defines the kind that applies. Migrants applying for asylum, can be screamed easily and fast, just by their being required to declare on what their asylum request was based, and those answers that did not fit the UN Treaty requirements can be rejected out of hand and the person deported. That, by the definition of the treaty – is “due Process”.
So, instead of being emotionally affected by those that use the term “due process” while ignoring what it means, be skeptical of their motives and still to facts.
