During a recent interview with NBC News host Kristen Welker, Rep. Byron Donalds (R-FL) pushed back against the notion that illegal aliens are constitutionally entitled to due process protections, citing the overwhelming number of border crossings during Joe Biden’s term and the strain it has placed on the American immigration system.
Welker raised the Fifth Amendment during the segment, suggesting that individuals in the U.S.—including those who entered illegally—are entitled to legal due process.
In response, Donalds pointed to the scale of unlawful immigration under the Biden-Harris administration and argued that the framers of the Constitution never anticipated a modern-day scenario where millions of illegal aliens would cross the border with little to no deterrence.
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“First and foremost, when the framers wrote our Constitution, they never envisioned that there would be an executive that would allow millions of people to come into the country illegally. They never fathomed that,” Donalds said.
He went on to argue that invoking due process after the fact creates an unsustainable system that rewards illegal entry.
“More importantly, you have a situation right now — is it okay for any administration to not follow the law, abuse border security laws, let millions of people in, and then hide behind a court system to say, ‘Well, now they’re here, so now we have to go through a lengthy process’?”
Donalds also raised concerns about court compliance, stating, “Right now what we know is that when people came into the country illegally, almost 90% of them would not even go to the hearings. So if you’re supposed to show up for a hearing and you do not go, what are we supposed to do as a country at that point?”
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The discussion took place amid ongoing scrutiny of immigration enforcement policies, including deportation procedures under both the Trump and Biden administrations.
In a recent case, the Supreme Court ruled on April 10 that the Trump administration must “facilitate” the return of Kilmar Armando Abrego Garcia, an alleged MS-13 member deported to El Salvador in what the government later acknowledged was an “administrative error.”
Following his deportation, Democrats expressed outrage and some traveled to El Salvador to demand his return.
The court ruled that the case must proceed in the U.S. as it would have before the removal.
President Donald Trump also addressed the topic of due process for illegal aliens during a recent interview with Welker on Meet the Press.
He echoed similar concerns voiced by Donalds.
“If you’re talking about that, then we’d have to have a million or 2 million or 3 million trials,” Trump said.
“We have thousands of people that are some murderers and some drug dealers and some of the worst people on Earth … And I was elected to get them the hell out of here and the courts are holding me from doing it.”
President @realDonaldTrump: “We have thousands of people … some of the worst, most dangerous people on earth — and I was elected to get them the hell out of here and the courts are holding me from doing it.” pic.twitter.com/fUX8I7X0Ut
— Trump War Room (@TrumpWarRoom) May 4, 2025
According to data from Customs and Border Protection (CBP), there were approximately 8.5 million migrant encounters along the southern U.S. border during Biden’s presidency, from fiscal year 2021 through 2024.
The surge in illegal crossings also coincided with the highest level of net migration in U.S. history.
Earlier this year, the House voted to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the crisis. The Senate, controlled by Democrats, blocked the trial.
The clash between immigration enforcement and judicial process continues to be a focal point in national politics, with lawmakers and officials on both sides debating how best to balance constitutional rights, border security, and the capacity of the U.S. legal system.
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