Immigration and Human Rights Law Review


Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal authority under which the proceedings are conducted, the acts or conduct alleged to be in violation of law, the charges against the non-citizen and the statutory provisions alleged to have been violated, etc. Hence the query of whether non-citizens in deportation proceedings have due process rights under the Fifth Amendment has been fairly established by the courts. This provides non-citizens in US immigration courts the assurance that the government would follow due process of the law in its adjudication of removal proceedings. Under the current Trump administration, there has been more efforts by the government to undermine Due Process protections of non-citizens in the adjudication of removal proceedings through unfounded interpretations of the Immigration and Nationality Act.