Deportations are mass enforcement, not mass deprivation of ‘rights’

Donald Trump hasn’t yet begun his second term in office, and illegal alien advocates are having a complete meltdown. According to these self-proclaimed champions of the downtrodden, Trump’s plan for mass deportations will result in the worst civil rights crisis in the history of the United States. Don’t listen to any of them. They don’t know what they’re talking about.

To start, foreign nationals do not have the right to enter or remain in the United States. The Supreme Court established this principle in Ekiu v. United States. “It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty and essential to self-preservation, to forbid the entrance of foreigners within its dominions or to admit them only in such cases and upon such conditions as it may see fit to prescribe,” the court ruled.

Because the Biden administration ignored the Immigration and Nationality Act for four years, the Trump administration must now catch up to reset the system.

The court reaffirmed this view 75 years ago in United States ex rel. Knauff v. Shaughnessy, holding that a foreign national has no legal right to enter the United States without authorization from the U.S. government.

In plain English, that all means independent nations can let in, kick out, or refuse admission to foreigners as they see fit.

In the United States, the admission of aliens and the terms and conditions under which they may remain in the United States are set forth in the Immigration and Nationality Act. There are, essentially, two classes of lawful migrants: those granted temporary admission and those granted lawful permanent residency (colloquially known as “green card holders”).

Aliens granted temporary admission to the United States may also be deported. This most often occurs if they violate the terms of their stay by overstaying the authorized period or by committing a crime while in the country. Essentially, the U.S. government expects foreign nationals to be good guests during their visit.

The term “lawful permanent resident” can be misleading. Green card holders may live in the United States indefinitely, as long as they follow the rules. However, they are subject to removal if they commit a crime, fail to pay taxes, or smuggle other aliens across the border.

In the end, whatever Uncle Sam giveth, Uncle Sam may taketh away.

Anyone who enters the United States without the government’s permission is an illegal alien. Illegal aliens are subject to deportation because they are trespassers. Whether an individual wants to remain in the United States, has managed to avoid detection, has not broken any other laws, or even has children born in the America does not matter. The key legal issue is that illegal aliens did not follow the process required to enter and remain lawfully.

Aliens in the United States are generally entitled to the same civil rights as everyone else. However, there are important differences. For example, U.S. citizens enjoy broad free speech protections and can freely join the Communist Party or any other totalitarian party. In contrast, an alien may be deported for membership in such a group.

In Matthews v. Diaz, the Supreme Court stated explicitly that “Congress, which has broad power over immigration and naturalization … regularly makes rules regarding aliens that would be unacceptable if applied to citizens.”

Aliens are entitled to due process during deportation proceedings, which means they must be given a chance to respond to any removal charges the government files against them. The bar for deportation is low: Officials need only prove that the individual is not a U.S. citizen and is subject to removal under the Immigration and Nationality Act.

Immigration hearings are civil, administrative proceedings. An alien in removal proceedings is entitled to an attorney. But unlike a criminal proceeding — where indigent defendants can ask the court for a public defender — respondents in civil proceedings must pay for counsel out of their own pockets. Which is perfectly fair. Why should U.S. taxpayers be forced to foot the bill for legal counsel to defend uninvited foreign trespassers from deportation?

What will really happen is not “mass deportation” but the consistent, ongoing enforcement of U.S. immigration laws. In short, immigration laws will be enforced, deportation orders will be issued, and foreign nationals who entered illegally will be sent home.

The only difference lies in scale. Because the Biden administration evidently ignored the Immigration and Nationality Act for four years and allowed individuals to cross the U.S.-Mexico border unimpeded, the Trump administration must now catch up to reset the system and restore the process Congress intended. No one’s civil rights will be violated, because aliens have no inherent right to remain unless the United States grants them one.